[JPRT, 108th Congress]
[From the U.S. Government Publishing Office]
COMMITTEE ON INTERNATIONAL RELATIONS
COMMITTEE ON FOREIGN RELATIONS
=======================================================================
Legislation on
Foreign Relations
Through 2002
[GRAPHIC] [TIFF OMITTED] TONGRESS.#15
JULY 2003
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 the Senate
respectively
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2003
87-164 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
JAMES A. LEACH, Iowa TOM LANTOS, California
DOUG BEREUTER, Nebraska HOWARD L. BERMAN, California
CHRISTOPHER H. SMITH, New Jersey, GARY L. ACKERMAN, New York
Vice Chairman 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 BRAD SHERMAN, California
EDWARD R. ROYCE, California ROBERT WEXLER, Florida
PETER T. KING, New York ELIOT L. ENGEL, New York
STEVE CHABOT, Ohio WILLIAM D. DELAHUNT, Massachusetts
AMO HOUGHTON, New York GREGORY W. MEEKS, New York
JOHN M. McHUGH, New York BARBARA LEE, California
THOMAS G. TANCREDO, Colorado JOSEPH CROWLEY, New York
RON PAUL, Texas JOSEPH M. HOEFFEL, Pennsylvania
NICK SMITH, Michigan EARL BLUMENAUER, Oregon
JOSEPH R. PITTS, Pennsylvania SHELLEY BERKLEY, Nevada
JEFF FLAKE, Arizona GRACE F. NAPOLITANO, California
JO ANN DAVIS, Virginia ADAM B. SCHIFF, California
MARK GREEN, Wisconsin DIANE E. WATSON, California
JERRY WELLER, Illinois ADAM SMITH, Washington
MIKE PENCE, Indiana BETTY McCOLLUM, Minnesota
THADDEUS G. McCOTTER, Michigan CHRIS BELL, Texas
WILLIAM J. JANKLOW, South Dakota
KATHERINE HARRIS, Florida
Thomas E. Mooney, Sr., Staff Director/General Counsel
Robert R. King, Democratic Staff Director
______
COMMITTEE ON FOREIGN RELATIONS
RICHARD G. LUGAR, Indiana, Chairman
CHUCK HAGEL, Nebraska JOSEPH R. BIDEN, Jr., Delaware
LINCOLN D. CHAFEE, Rhode Island PAUL S. SARBANES, Maryland
GEORGE ALLEN, Virginia CHRISTOPHER J. DODD, Connecticut
SAM BROWNBACK, Kansas JOHN F. KERRY, Massachusetts
MICHAEL B. ENZI, Wyoming RUSSELL D. FEINGOLD, Wisconsin
GEORGE E. VOINOVICH, Ohio BARBARA BOXER, California
LAMAR ALEXANDER, Tennessee BILL NELSON, Florida
NORM COLEMAN, Minnesota JOHN D. ROCKEFELLER IV, West
JOHN E. SUNUNU, New Hampshire Virginia
JON S. CORZINE, New Jersey
Kenneth A. Myers, Jr., Staff Director
Antony J. Blinken, Democratic 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, will not be
revised every year, but only as necessary.
We wish to express our appreciation to Dianne E. Rennack
and C. Winston Woodland of the Foreign Affairs, 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.
Richard G. Lugar,
Chairman, Committee on Foreign Relations.
July 31, 2003.
(iii)
EXPLANATORY NOTE
----------
The body of statutory law set out in this volume was in
force, as amended, at the end of 2002.
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 June 15, 2003.
Corrections may be sent to Dianne Rennack at Library of
Congress, Congressional Research Service, Washington D.C.,
20540-7460, or by electronic mail at [email protected].
(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.
(vi)
C O N T E N T S
__________
Page
FOREWORD......................................................... iii
EXPLANATORY NOTE................................................. v
ABBREVIATIONS.................................................... vi
A. FOREIGN ASSISTANCE............................................ 1
1. Foreign Assistance and Arms Export Acts...................... 15
2. Foreign Assistance Appropriations............................ 809
APPENDICES....................................................... 1015
INDEX............................................................ 1059
(vii)
=======================================================================
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..................................... 19
Section 101--General Policy...................... 19
Section 102--Development Assistance Policy....... 20
Section 103--Agriculture, Rural Development, and
Nutrition.................................... 32
Section 103A--Agricultural Research.............. 34
Section 104--Population and Health............... 35
Section 104A--Assistance to Combat HIV/AIDS...... 42
Section 104B--Assistance to Combat Tuberculosis.. 47
Section 104C--Assistance to Combat Malaria....... 49
Section 105--Education and Human Resources
Development.................................. 49
Section 106--Energy, Private Voluntary
Organizations, and Selected Development
Activities................................... 50
Section 107--Appropriate Technology.............. 53
Section 108--Microenterprise Development Credits. 54
Section 109--Transfer of Funds................... 56
Section 110--Cost-Sharing and Funding Limits..... 56
Section 111--Development and Use of Cooperatives. 57
Section 113--Integrating Women Into National
Economies.................................... 58
Section 116--Human Rights........................ 59
Section 117--Environment and Natural Resources... 65
Section 118--Tropical Forests.................... 66
Section 119--Endangered Species.................. 69
Section 120--Sahel Development Program--Planning. 71
Section 122--General Authorities................. 72
Section 123--Private and Voluntary Organizations
and Cooperatives in Overseas Development..... 73
Section 124--Relatively Least Developed Countries 76
Section 125--Project and Program Evaluation...... 77
Section 126--Development and Illicit Narcotics
Production................................... 77
Section 127--Accelerated Loan Repayments......... 78
Section 128--Targeted Assistance................. 78
Section 129--Program to Provide Technical
Assistance to Foreign Governments and Foreign
Central Banks of Developing or Transitional
Countries.................................... 79
Section 130--Assistance for Victims of Torture... 84
Section 131--Microenterprise Development Grant
Assistance................................... 85
Section 132--United States Microfinance Loan
Facility..................................... 89
Section 133--Programs to Encourage Good
Governance................................... 91
Section 134--Assistance to Foreign Countries to
Meet Minimum Standards for the Elimination of
Trafficking.................................. 93
Chapter 2--Other Programs............................ 94
Title I--Multilateral and Regional Development
Programs........................................... 94
Section 206--Regional Development in Africa...... 94
Section 209--Multilateral and Regional Programs.. 94
Title II--American Schools and Hospitals Abroad;
Prototype Desalting Plant.......................... 96
Section 214--American Schools and Hospitals
Abroad....................................... 96
Section 219--Prototype Desalting Plant........... 97
Title III--Housing and Other Credit Guaranty Programs 98
Section 221--Housing Guaranties.................. 98
Section 222--Authorization....................... 98
Section 222A--Agricultural and Productive Credit
and Self-Help Community Development Programs. 100
Section 223--General Provisions.................. 102
Section 224--Trade Credit Insurance Program for
Central America.............................. 105
Section 225--Trade Credit Insurance Program for
Poland....................................... 106
Section 226--Loan Guarantees to Israel Program... 108
Title IV--Overseas Private Investment Corporation.... 112
Section 231--Creation, Purpose and Policy........ 112
Section 231A--Additional Requirements............ 115
Section 232--Capital of the Corporation.......... 116
Section 233--Organization and Management......... 117
Section 234--Investment Insurance and Other
Programs..................................... 119
Section 234A--Enhancing Private Political Risk
Insurance Industry........................... 125
Section 235--Issuing Authority, Direct Investment
Authority and Reserves....................... 127
Section 236--Income and Revenues................. 130
Section 237--General Provisions Relating to
Insurance Guaranty, and Financing Program.... 130
Section 238--Definitions......................... 134
Section 239--General Provisions and Powers....... 135
Section 240--Small Business Development.......... 138
Section 240A--Reports to the Congress............ 139
Section 240B--Prohibition on Noncompetitive
Awarding of Insurance Contracts on OPIC
Supported Exports............................ 141
Title V--Disadvantaged Children in Asia.............. 142
Section 241--Assistance to Certain Disadvantaged
Children in Asia............................. 142
Title IX--Utilization of Democratic Institutions in
Development........................................ 142
Section 281--Utilization of Democratic
Institutions in Development.................. 142
Title XII--Famine Prevention and Freedom From Hunger. 143
Section 296--General Provisions.................. 143
Section 297--General Authority................... 148
Section 298--Board for International Food and
Agricultural Development..................... 151
Section 299--Authorization....................... 153
Section 300--Annual Report....................... 154
Chapter 3--International Organizations and Programs.. 154
Section 301--General Authority................... 154
Section 302--Authorization....................... 157
Section 303--Indus Basin Development............. 160
Section 305--Integration of Women................ 161
Section 306--Reports on International
Organizations................................ 161
Section 307--Withholding of United States
Proportionate Share for Certain Programs of
International Organizations.................. 162
Chapter 5--Contingencies............................. 165
Section 451--Contingencies....................... 165
Chapter 6--Central America Democracy, Peace, and
Development Initiative............................. 166
Section 461--Statement of Policy................. 166
Section 462--Conditions on Furnishing Assistance. 167
Section 463--Peace Process in Central America.... 167
Section 464--Economic Assistance Coordination.... 167
Section 465--Authorization for Fiscal Years 1988
and 1989..................................... 169
Section 466--Definitions......................... 169
Chapter 7--Debt-For-Nature Exchanges................. 169
Section 461--Definition.......................... 169
Section 462--Assistance for Commercial Debt
Exchanges.................................... 170
Section 463--Eligible Projects................... 170
Section 464--Eligible Countries.................. 171
Section 465--Terms and Conditions................ 171
Section 466--Pilot Program for Sub-Saharan Africa 172
Chapter 8--International Narcotics Control........... 172
Section 481--Policy, General Authorities,
Coordination, Foreign Police Actions,
Definitions, and Other Provisions............ 172
Section 482--Authorization....................... 178
Section 483--Prohibition on Use of Foreign
Assistance for Reimbursements for Drug Crop
Eradications................................. 181
Section 484--Requirements Relating to Aircraft
and Other Equipment.......................... 182
Section 485--Records of Aircraft Use............. 183
Section 486--Reallocation of Funds Withheld from
Countries Which Fail to Take Adequate Steps
to Halt Illicit Drug Production or
Trafficking.................................. 183
Section 487--Prohibition on Assistance to Drug
Traffickers.................................. 184
Section 488--Limitations on Acquisition of Real
Property and Construction of Facilities...... 184
Section 489--Reporting Requirements.............. 185
Section 490--Annual Certification Procedures..... 189
Chapter 9--International Disaster Assistance......... 194
Section 491--Policy and General Authority........ 194
Section 492--Authorization....................... 195
Section 493--Disaster Assistance--Coordination... 196
Section 494--Disaster Relief Assistance.......... 196
Section 495--Cyprus Relief and Rehabilitation.... 197
Section 495B--Italy Relief and Rehabilitation.... 197
Section 495C--Lebanon Relief and Rehabilitation.. 198
Section 495D--Romanian Relief and Rehabilitation. 198
Section 495E--Turkey Relief, Rehabilitation, and
Reconstruction............................... 199
Section 495F--African Rehabilitation and
Resettlement................................. 199
Section 495G--Special Caribbean Hurricane Relief
Assistance................................... 200
Section 495H--Cambodian Disaster Relief
Assistance................................... 200
Section 495I--Assistance for Displaced Persons in
Central America.............................. 201
Section 495J--Lebanon Emergency Relief,
Rehabilitation, and Reconstruction Assistance 202
Section 495K--African Famine Assistance.......... 202
Chapter 10--Development Fund for Africa.............. 203
Section 496--Long-Term Development Assistance for
Sub-Saharan Africa........................... 203
Section 497--Authorizations of Appropriations for
the Development Fund for Africa.............. 209
Chapter 11--Support for the Economic and Democratic
Development of the Independent States of the Former
Soviet Union....................................... 211
Section 498--Assistance for the Independent
States....................................... 211
Section 498A--Criteria for Assistance to
Governments of the Independent States........ 214
Section 498B--Authorities Relating to Assistance
and Other Provisions......................... 218
Section 498C--Authorization of Appropriations.... 221
Chapter 12--Support for the Economic and Political
Independence of the Countries of the South Caucasus
and Central Asia................................... 224
Section 499--United States Assistance to Promote
Reconciliation and Recovery from Regional
Conflicts.................................... 224
Section 499A--Economic Assistance................ 224
Section 499B--Development of Infrastructure...... 225
Section 499C--Border Control Assistance.......... 225
Section 499D--Strengthening Democracy, Tolerance,
and the Development of Civil Society......... 226
Section 499E--Administrative Authorities......... 226
Section 499F--Definitions........................ 227
Part II
Chapter 1--Policy.................................... 227
Section 501--Statement of Policy................. 227
Section 502--Utilization of Defense Articles and
Services..................................... 228
Section 502B--Human Rights....................... 229
Chapter 2--Military Assistance....................... 236
Section 503--General Authority................... 236
Section 504--Authorization....................... 238
Section 505--Conditions of Eligibility........... 238
Section 506--Special Authority................... 242
Section 511--Considerations in Furnishing
Military Assistance.......................... 246
Section 514--Stockpiling of Defense Articles for
Foreign Countries............................ 247
Section 515--Overseas Management of Assistance
and Sales Programs........................... 250
Section 516--Authority to Transfer Excess Defense
Articles..................................... 251
Section 517--Designation of Major Non-NATO Allies 255
Chapter 3--Foreign Military Sales.................... 256
Section 524--Reimbursements...................... 256
Chapter 4--Economic Support Fund..................... 257
Section 531--Authority........................... 258
Section 532--Authorizations of Appropriations.... 259
Section 533--Emergency Assistance................ 264
Section 534--Administration of Justice........... 264
Chapter 5--International Military Education and
Training........................................... 266
Section 541--General Authority................... 266
Section 542--Authorization....................... 266
Section 543--Purposes............................ 267
Section 544--Exchange Training................... 267
Section 545--Training in Maritime Skills......... 268
Section 546--Prohibition on Grant Assistance for
Certain High Income Foreign Countries........ 268
Section 547--Consultation Requirement............ 269
Section 548--Records Regarding Foreign
Participants................................. 269
Section 549--Human Rights Report................. 270
Chapter 6--Peacekeeping Operations................... 270
Section 551--General Authority................... 270
Section 552--Authorization of Appropriations..... 270
Section 553--Administrative Authorities.......... 272
Section 554--Data on Costs Incurred in Support of
United Nations Peacekeeping Operations....... 272
Chapter 7--Air Base Construction in Israel........... 272
Section 561--General Authority................... 272
Section 562--Authorization and Utilization of
Funds........................................ 273
Section 563--Waiver Authorities.................. 273
Chapter 8--Antiterrorism Assistance.................. 273
Section 571--General Authority................... 273
Section 572--Purposes............................ 274
Section 573--Limitations......................... 274
Section 574--Authorizations of Appropriations.... 275
Section 575--Administrative Authorities.......... 276
Chapter 9--Nonproliferation and Export Control
Assistance......................................... 277
Section 581--Purposes............................ 277
Section 582--Authorization of Assistance......... 277
Section 583--Transit Interdiction................ 277
Section 584--International Nonproliferation
Export Control Training...................... 278
Section 585--Limitations......................... 278
Section 586--Authorization of Appropriations..... 279
Part III
Chapter 1--General Provisions........................ 279
Section 601--Encouragement of Free Enterprise and
Private Participation........................ 279
Section 602--Small Business...................... 282
Section 603--Shipping on United States Vessels... 283
Section 604--Procurement......................... 283
Section 605--Retention and Use of Certain Items
and Funds.................................... 285
Section 606--Patents and Technical Information... 286
Section 607--Furnishing of Services and
Commodities.................................. 286
Section 608--Advance Acquisition of Property..... 288
Section 610--Transfer Between Accounts........... 290
Section 611--Completion of Plans and Cost
Estimates.................................... 291
Section 612--Use of Foreign Currencies........... 292
Section 613--Accounting, Valuation, Reporting,
and Administration of Foreign Currencies..... 294
Section 614--Special Authorities................. 294
Section 615--Contract Authority.................. 296
Section 616--Availability of Funds............... 296
Section 617--Termination of Assistance........... 296
Section 620--Prohibitions Against Furnishing
Assistance................................... 298
Section 620A--Prohibition on Assistance to
Governments Supporting International
Terrorism.................................... 308
Section 620C--United States Policy Regarding the
Eastern Mediterranean........................ 311
Section 620D--Prohibition on Assistance to
Afghanistan.................................. 313
Section 620E--Assistance to Pakistan............. 314
Section 620F--Nuclear Non-Proliferation Policy in
South Asia................................... 318
Section 620G--Prohibition on Assistance to
Countries That Aid Terrorist States.......... 319
Section 620G--Depleted Uranium Ammunition........ 319
Section 620H--Prohibition on Assistance to
Countries That Provide Military Equipment to
Terrorist States............................. 320
Section 620I--Prohibition on Assistance to
Countries That Restrict United States
Humanitarian Assistance...................... 320
Chapter 2--Administrative Provisions................. 322
Section 621--Exercise of Functions............... 322
Section 621A--Strengthened Management Practices.. 323
Section 622--Coordination With Foreign Policy.... 323
Section 623--The Secretary of Defense............ 324
Section 624--Statutory Officers.................. 324
Section 625--Employment of Personnel............. 325
Section 626--Experts, Consultants, and Retired
Officers..................................... 327
Section 627--Detail of Personnel to Foreign
Governments.................................. 328
Section 628--Detail of Personnel to International
Organizations................................ 328
Section 629--Status of Personnel Detailed........ 329
Section 630--Terms of Detail or Assignment....... 329
Section 631--Missions and Staffs Abroad.......... 330
Section 632--Allocation and Reimbursement Among
Agencies..................................... 331
Section 633--Waivers of Certain Laws............. 333
Section 633A--Furnishing Information............. 333
Section 634--Annual Report....................... 334
Section 634A--Notification of Program Changes.... 336
Section 634B--Classification of Reports.......... 337
Section 635--General Authorities................. 337
Section 636--Provisions on Uses of Funds......... 341
Section 637--Administrative Expenses............. 345
Section 638--Exclusions.......................... 345
Section 640A--False Claims and Ineligible
Commodities.................................. 346
Section 640B--Coordination....................... 347
Section 640C--Shipping Differential.............. 349
Chapter 3--Miscellaneous Provisions.................. 349
Section 641--Effective Date and Identification of
Programs..................................... 349
Section 642--Statutes Repealed................... 349
Section 643--Saving Provisions................... 350
Section 644--Definitions......................... 350
Section 645--Unexpended Balances................. 353
Section 646--Construction........................ 353
Section 647--Dependable Fuel Supply.............. 353
Section 648--Special Authorization for Use of
Foreign Currencies........................... 353
Section 650--Use of United States Armed Forces... 354
Section 652--Limitation Upon Exercise of Special
Authorities.................................. 354
Section 653--Change in Allocation of Foreign
Assistance................................... 354
Section 654--Presidential Findings and
Determinations............................... 355
Section 655--Annual Military Assistance Report... 356
Section 656--Annual Foreign Military Training
Report....................................... 357
Section 660--Prohibiting Police Training......... 358
Section 661--Trade and Development Agency........ 361
Section 663--Exchanges of Certain Materials...... 364
Section 666--Discrimination Against United States
Personnel.................................... 365
Section 667--Operating Expenses.................. 365
Part IV
Enterprise for the Americas Initiative............... 367
Section 701--Purpose............................. 367
Section 702--Definitions......................... 367
Section 703--Eligibilty for Benefits............. 368
Section 704--Reduction of Certain Debt........... 369
Section 705--Repayment of Principal.............. 370
Section 706--Interest on New Obligations......... 370
Section 707--Enterprise for the Americas Funds... 370
Section 708--Americas Framework Agreements....... 371
Section 709--Enterprise for the Americas Board... 372
Section 710--Annual Reports to the Congress...... 373
Part V
Debt Reduction for Developing Countries with Tropical
Forests............................................ 373
Section 801--Short Title......................... 373
Section 802--Findings and Purposes............... 374
Section 803--Definitions......................... 375
Section 804--Establishment of the Facility....... 376
Section 805--Eligiblity for Benefits............. 376
Section 806--Reduction of Debt Owed to the United
States As a Result of Concessional Loans
Under the Foreign Assistance Act of 1961..... 377
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................... 378
Section 808--Authority to Engage in Debt-for-
Nature Swaps and Debt Buybacks............... 379
Section 809--Tropical Forest Agreement........... 380
Section 810--Tropical Forest Fund................ 382
Section 811--Board............................... 382
Section 812--Consultations with the Congress..... 383
Section 813--Annual Reports to the Congress...... 383
b. Arms Export Control Act (Public Law 90-629)............... 385
c. Microenterprise Report to Congress (Public Law 108-31)
(partial text)............................................. 503
d. United States Leadership Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003 (Public Law 108-25)................ 504
e. Afghanistan Freedom Support Act of 2002 (Public Law 107-
327)....................................................... 536
f. Russian Democracy Act of 2002 (Public Law 107-246)........ 553
g. Sudan Peace Act (Public Law 107-245)...................... 558
h. Security Assistance Act of 2002 (Public Law 107-228)
(partial text)............................................. 565
i. Gerald B.H. Solomon Freedom Consolidation Act of 2002
(Public Law 107-187)....................................... 596
j. Trafficking Victims Protection Act of 2000 (Public Law
106-386) (partial text).................................... 600
k. Jobs Through Trade Export Act of 1994 (Public Law 103-392)
(partial text)............................................. 624
l. Jobs Through Export Act of 1992 (Public Law 102-549)...... 626
m. Overseas Private Investment Corporation Amendments Act of
1988 (Public Law 100-461) (partial text)................... 635
n. Special Foreign Assistance Act of 1986 (Public Law 99-529)
(partial text)............................................. 637
o. International Security and Development Cooperation Act of
1985 (Public Law 99-83) (partial text)..................... 643
Section 1--Short Title and Table of Contents......... 643
Title I--Military Assistance and Sales and Related
Programs............................................... 643
Section 101--Foreign Military Sales Credits.......... 643
Section 106--Guaranty Reserve Fund................... 645
Section 129--Conventional Arms Transfers............. 645
Section 130--Foreign Military Sales for Jordan....... 646
Section 131--Certification Concerning AWACS Sold to
Saudi Arabia....................................... 647
Section 132--Cooperative Agreements on Air Defense in
Central Europe..................................... 648
Title II--Economic Support Fund.......................... 650
Section 202--Assistance for the Middle East.......... 650
Section 203--Assistance for Cyprus................... 651
Section 204--Assistance for Portugal................. 652
Section 205--Acquisition of Agricultural Commodities
Under Commodity Import Programs.................... 652
Section 206--Tied Aid Credit Program................. 652
Section 207--Restriction on Use of Funds for Nuclear
Facilities......................................... 653
Section 208--Fiscal Year 1985 Supplemental
Authorization...................................... 653
Title III--Development Assistance........................ 653
Section 305--Promotion of Immunization and Oral
Rehydration........................................ 653
Section 311--Use of Private and Voluntary
Organizations, Cooperatives, and the Private Sector 653
Section 315--Minority Set-Aside...................... 654
Title IV--Other Foreign Assistance Programs.............. 654
Section 402--Voluntary Contributions to International
Organizations and Programs......................... 654
Title V--International Terrorism and Foreign Airport
Security............................................... 654
Part A--International Terrorism Generally
Section 502--Coordination of All United States
Terrorism-Related Assistance to Foreign Countries.. 655
Section 504--Prohibition on Imports From and Exports
to Libya........................................... 655
Section 505--Ban on Importing Goods and Services from
Countries Supporting Terrorism..................... 656
Section 506--International Anti-Terrorism Committee.. 656
Section 507--International Terrorism Control Treaty.. 656
Section 508--State Terrorism......................... 657
Part B--Foreign Airport Security
Section 551--Security Standards for Foreign Air
Transportation..................................... 657
Section 554--Enforcement of International Civil
Aviation Organization Standards.................... 657
Section 555--International Civil Aviation Boycott of
Countries Supporting International Terrorism....... 657
Section 557--Research on Airport Security Techniques
for Detecting Explosives........................... 658
Section 558--Hijacking of TWA Flight 847 and Other
Acts of Terrorism.................................. 658
Section 559--Effective Date.......................... 658
Title VI--International Narcotics Control................ 658
Section 607--Procurement of Weapons to Defend
Aircraft Involved in Narcotics Control Efforts..... 658
Section 610--Assistance for Jamaica.................. 659
Section 611--Assistance for Bolivia.................. 659
Section 612--Assistance to Peru...................... 660
Section 613--Reallocation of Funds if Conditions Not
Met................................................ 661
Section 615--Latin American Regional Narcotics
Control Organization............................... 661
Section 616--Greater Effort by United States Armed
Forces to Support Narcotics Control Efforts Abroad. 661
Section 617--Cuban Drug Trafficking.................. 661
Section 619--Drug Trafficking and the Problem of
Total Confidentiality of Certain Foreign Bank
Accounts........................................... 663
Title VII--Western Hemisphere............................ 663
Section 702--El Salvador............................. 663
Section 703--Assistance for Guatemala................ 666
Section 704--Refugees in Honduras.................... 668
Section 705--Promoting the Development of the Haitian
People and Providing for Orderly Emigration from
Haiti.............................................. 668
Section 706--Military Assistance for Paraguay........ 669
Section 707--Assistance for Peru..................... 670
Section 709--Comprehensive Reports on Assistance for
Latin America and the Caribbean.................... 670
Section 710--Use of Private and Voluntary
Organizations...................................... 671
Section 713--Use of Employee Stock Ownership Plans in
Development Efforts................................ 671
Section 714--International Advisory Commission for
the Caribbean Region............................... 672
Section 716--Rural Electrification................... 673
Section 717--Facilitating International Commerce
Through Mexico..................................... 673
Section 718--Condemning Human Rights Violations and
the Subversion of Other Governments by the
Government of Cuba................................. 674
Section 719--Reports on Foreign Debt in Latin America 674
Section 720--Economic Assistance for Uruguay......... 675
Section 721--Canadian Exports to the United States... 675
Section 722--Nicaragua............................... 676
Title VIII--Africa....................................... 685
Section 801--Balance-of-Payments Support for
Countries in Africa................................ 685
Section 802--Economic Support Assistance for Southern
Africa............................................. 686
Section 803--Policy Toward South African
``Homelands''...................................... 687
Section 804--Assistance for Zaire.................... 688
Section 805--Assistance for Tunisia.................. 688
Section 806--Political Settlement in Sudan........... 689
Section 807--Elections in Liberia.................... 689
Section 808--Western Sahara.......................... 689
Section 813--Assistance for the People's Republic of
Mozambique......................................... 690
Title IX--Asia........................................... 691
Section 901--The Philippines......................... 691
Section 903--Disadvantaged Children in Asia.......... 692
Section 904--Assistance for Afghanistan.............. 693
Section 905--Assistance for the Cambodian People..... 693
Section 906--Prohibition on Certain Assistance for
the Khmer Rouge.................................... 693
Section 907--Political Settlement in Sri Lanka....... 693
Section 908--United States Policy Toward the Republic
of Korea........................................... 694
Title X--Food and Agricultural Assistance................ 695
Section 1008--Long-Term Agricultural Commodity
Agreements with Food Deficit Countries............. 695
Title XI--Peace Corps.................................... 695
Section 1103--Limitation on Length of Peace Corps
Employment......................................... 695
Section 1104--Peace Corps National Advisory Council.. 695
Title XII--Miscellaneous Provisions Relating to Foreign
Assistance............................................. 695
Section 1205--Reports on Economic Conditions in
Certain Countries.................................. 695
Section 1206--Egyptian-Israeli Relations............. 696
Section 1210--Report on United States Assistance to
Coal Exporting Nations............................. 696
Title XIII--Miscellaneous Provisions..................... 696
Section 1301--Effective Date......................... 696
Section 1302--Codification of Policy Prohibiting
Negotiations with the Palestine Liberation
Organization....................................... 696
Section 1303--Commission for the Preservation of
America's Heritage Abroad.......................... 697
Section 1304--Federal Coal Export Commission......... 699
p. International Security and Development Assistance
Authorization Act of 1983 (Public Law 98-151) (partial
text)...................................................... 701
q. International Security and Development Cooperation Act of
1981 (Public Law 97-113) (partial text).................... 705
Section 1--Short Title............................... 705
Title I--Military Sales and Related Programs............. 705
Section 108--Special Defense Acquisition Fund........ 705
Title II--Economic Support Fund.......................... 706
Section 203--Acquisition of Agricultural Commodities
and Related Products Under Commodity Import
Programs........................................... 706
Title III--Development Assistance........................ 706
Section 301--Agriculture, Rural Development, and
Nutrition.......................................... 706
Title IV--Food for Peace Programs........................ 707
Section 403--Self-Help Measures To Increase
Agricultural Production; Verification of Self-Help
Provisions......................................... 707
Title V--Other Assistance Programs....................... 707
Section 502--International Narcotics Control......... 707
Title VI--Peace Corps.................................... 708
Section 601--Establishment as an Independent Agency.. 708
Section 604--Restoration of Certain Authorities
Formerly Contained in the Foreign Service Act...... 708
Title VII--Miscellaneous Provisions...................... 708
Section 705--Inspector General....................... 708
Section 708--Emergency Humanitarian Help for the
People of Poland................................... 708
Section 709--Use of Certain Polish Currencies........ 709
Section 710--Findings Regarding Global Security...... 709
Section 711--World Food Security Reserves............ 709
Section 712--Findings and Declaration of Policy
Regarding World Hunger............................. 710
Section 713--Reaffirmation of Support for Human
Rights Provisions.................................. 710
Section 714--Immigrant Visas for Taiwan.............. 710
Section 715--Lebanon................................. 710
Section 716--Use of Chemical and Toxic Weapons....... 711
Section 717--Financial Obligations to the United
Nations............................................ 712
Section 718--Condemnation of Libya for its Support of
International Terrorist Movements.................. 712
Section 719--United States Citizens Acting in the
Service of International Terrorism................. 713
Section 720--Nonaligned Countries.................... 713
Section 721--Promoting the Development of the Haitian
People and Providing for Orderly Emigration from
Haiti.............................................. 714
Section 722--Comprehensive Analysis of Foreign
Assistance......................................... 714
Section 723--External Debt Burdens of Egypt, Israel,
and Turkey......................................... 715
Section 724--Nicaragua............................... 715
Section 726--Repeal of Limitations on Assistance,
Sales and Sales Credits for Chile.................. 716
Section 727--Assistance for El Salvador.............. 717
Section 728--Restrictions on Military Assistance and
Sales to El Salvador............................... 718
Section 729--Reporting Requirement Relating to El
Salvador........................................... 720
Section 730--Restrictions on Aid to El Salvador...... 721
Section 731--El Salvadoran Refugees.................. 721
Section 734--Repeals................................. 721
Section 735--Report on Nuclear Activities............ 721
Section 737--Prohibitions Relating to Nuclear
Transfers and Nuclear Detonations.................. 722
r. International Security and Development Cooperation Act of
1980 (Public Law 96-533) (partial text).................... 723
Section 1--Short Title............................... 723
Title I--Military and Related Assistance and Sales
Programs............................................... 723
Section 106--Foreign Military Sales Authorization and
Aggregate Ceiling.................................. 724
Section 110--Exportation of Uranium Depleted in the
Isotope 235........................................ 724
Section 119--Prohibition on Military Assistance to
Nicaragua.......................................... 725
Title III--Development Assistance Programs............... 725
Section 313--Assistance to the Eastern Caribbean..... 725
Section 314--Assistance for Equatorial Guinea........ 725
Section 315--Caribbean Development Bank.............. 725
Section 316--World Hunger............................ 725
Section 317--Reduction of Postharvest Losses of Food. 726
Title IV--Other Assistance Programs...................... 726
Section 402--International Narcotics Control......... 726
Section 408--East Timor.............................. 727
Title V--African Development Foundation.................. 727
Section 501--Short Title............................. 727
Section 502--Findings................................ 727
Section 503--Establishment........................... 728
Section 504--Purposes................................ 728
Section 505--Functions............................... 728
Section 506--Powers.................................. 729
Section 507--Management.............................. 730
Section 508--Government Corporation Control Act...... 731
Section 509--Limitation on Spending Authority........ 731
Section 510--Authorization of Appropriations......... 731
Title VII--Miscellaneous Provisions...................... 732
Section 710--Interagency Group on Human Rights and
Foreign Assistance................................. 732
Section 711--Peace in the Middle East................ 732
Section 712--Assistance for Jordan................... 733
Section 715--Cuban Refugees.......................... 733
Section 716--Incarceration and Deportation of Certain
Cubans............................................. 734
Section 717--Prohibition on Assistance to the
Governments of Cuba, Vietnam, and Cambodia......... 734
Section 718--Cooperation of Other Governments in the
Boycott of the 1980 Summer Olympic Games in Moscow. 734
Section 719--Elections in Uganda..................... 735
s. International Security Assistance Act of 1979 (Public Law
96-92) (partial text)...................................... 736
Section 1--Short Title............................... 736
Section 17--Authorization and Aggregate Ceiling for
Foreign Military Sales Credits..................... 736
Section 23--Transfer of War Reserve Material and
Other Property to Taiwan........................... 737
Section 24--Ammunition Sold to Thailand.............. 737
Section 26--Shaba Airlift............................ 737
Section 27--Fiscal Year 1979 Supplemental
Authorization for Turkey........................... 738
t. International Development Cooperation Act of 1979 (Public
Law 96-53) (partial text).................................. 739
Section 1--Short Title............................... 739
Title I--Development Assistance.......................... 739
Section 114--International Organizations and Programs 739
Section 125--Assistance to Latin American and
Caribbean Countries................................ 740
Section 126--Increased Contributions for Development
Assistance......................................... 740
Title IV--Institute for Scientific and Technological
Cooperation............................................ 740
Section 401--Statement of Policy..................... 740
Section 402--Purposes and Establishment of the
Institute.......................................... 741
Section 403--Functions of the Institute.............. 741
Section 404--General Authorities..................... 742
Section 405--Director of the Institute............... 743
Section 406--Deputy Director and Other Statutory
Officers........................................... 743
Section 407--Council on International Scientific and
Technological Cooperation.......................... 744
Section 408--Institute Fellowships................... 745
Section 409--Conflict of Interest.................... 746
Section 410--Authorization of Appropriations......... 746
Section 412--Conforming Amendments................... 746
Section 413--Establishment in International
Development Cooperation Agency..................... 747
Section 414--Expiration of Authorities............... 747
Title V--Miscellaneous Provisions........................ 747
Section 501--Earmarking for Lebanon of Unobligated
Balances in the Middle East Special Requirements
Fund............................................... 747
Section 502--Military Assistance to Sudan............ 747
Section 507--Nonproliferation of Nuclear Weapons..... 748
Section 509--Refugee Crisis in Southeast Asia........ 748
Section 510--Certain Travel Expenses................. 749
Section 512--Effective Dates......................... 749
u. International Development and Food Assistance Act of 1978
(Public Law 95-424) (partial text)......................... 750
Section 1--Short Title............................... 750
Title I--Development Assistance.......................... 750
Section 117--International Organizations and Programs 750
Section 120--Locust Plagues Control in Africa........ 751
Section 122--African Development Foundation.......... 751
Title III--Coordination and Administration of the
Development-Related Programs and Policies of the United
States................................................. 751
Section 301--Declaration of Objectives............... 751
Section 302--Implementation of Objectives............ 752
Title IV--Unified Personnel System....................... 752
Section 401--Establishment of a Unified Personnel
System............................................. 752
Title VI--Miscellaneous Provisions....................... 753
Section 601--Reduction of Authorization.............. 753
Section 602--Prohibition of Assistance to Vietnam,
Cambodia, and Cuba................................. 753
Section 603--Reports to Congress on Debt Relief
Agreements......................................... 753
Section 604--Miscellaneous Repeals................... 753
Section 605--Effective Date.......................... 753
v. International Security Assistance Act of 1978 (Public Law
95-384) (partial text)..................................... 754
Section 1--Short Title............................... 754
Section 13--United States Policy Regarding the
Eastern Mediterranean.............................. 754
Section 23--Special Security Assistance Program for
the Modernization of the Armed Forces of the
Republic of Korea.................................. 755
Section 26--United States-Republic of China Mutual
Defense Treaty..................................... 756
Section 28--Negotiations Between Israel and Egypt.... 757
Section 30--Savings Provision........................ 757
w. International Development and Food Assistance Act of 1977
(Public Law 95-88) (partial text).......................... 758
Section 1--Short Title............................... 758
Title I--International Development Assistance............ 758
Section 124--Inspector General, Foreign Assistance... 758
Section 131--Future United States Development
Assistance......................................... 759
Section 132--Limitation on Use of Funds; Missing in
Action in Vietnam.................................. 759
Section 133--Plan for Increased Minority Business
Participation in Foreign Assistance Activities..... 759
Section 215--Effective Date.......................... 761
x. International Security Assistance Act of 1977 (Public Law
95-92) (partial text)...................................... 762
Section 1--Short Title............................... 762
Section 9--Security Supporting Assistance Program for
Egypt.............................................. 762
Section 21--Fiscal Year Authorizations and
Limitations........................................ 763
Section 24--Study of Technology Transfers............ 763
Section 26--Policy Statement on United States Arms
Sales to Israel.................................... 764
Section 27--Review of Arms Sales Controls on Non-
Lethal Items....................................... 764
Section 28--Republic of Korea........................ 764
Section 29--Piaster Conversion....................... 764
y. International Security Assistance and Arms Export Control
Act of 1976 (Public Law 94-329) (partial text)............. 765
Section 106--International Military Education and
Training........................................... 765
Section 201--Arms Sales Policy....................... 766
Section 212--Control of Licenses with Respect to Arms
Exports and Imports................................ 766
Section 407--Control of Military Forces in the Indian
Ocean.............................................. 767
Section 408--United States Citizens Imprisoned in
Mexico............................................. 767
Section 409--Emergency Food Needs of Portugal........ 767
Section 410--Strife in Lebanon....................... 768
Section 412--Korea................................... 768
Section 413--Repeal of Indochina Assistance.......... 768
Section 506--Interim Quarter Authorizations.......... 769
Title VI--Miscellaneous Provision........................ 769
Section 601--Expedited Procedure in the Senate....... 769
Section 602--Procurements from Small Businesses...... 771
Section 605--Use of Personnel........................ 771
Section 607--Extortion and Illegal Payments.......... 771
Section 608--Extension of Airport at Pinecreek,
Minnesota.......................................... 772
z. International Development and Food Assistance Act of 1975
(Public Law 94-161) (partial text)......................... 773
Section 320--Limitation on Assistance to Chile....... 773
Section 321--Settlement of Debt Owed the United
States............................................. 773
Section 322--Participation by Other Countries in
Providing Assistance to Israel or Egypt............ 774
aa. Foreign Assistance Act of 1974 (Public Law 93-559)
(partial text)............................................. 775
Section 28--Famine or Disaster Relief................ 776
Section 47--Gorgas Memorial Institute................ 776
Section 48--International Commission of Control and
Supervision in Vietnam............................. 776
Section 50--Policy on the Independence of Angola,
Mozambique, and Guinea-Bissau...................... 777
Section 51--Conventional Arms Trade.................. 778
Section 52--Involvement of Puerto Rico in the
Caribbean Development Bank......................... 778
Section 55--Policy With Respect to Countries Most
Seriously Affected by Food Shortages............... 779
Section 56--Repayment of Loans in Default............ 780
bb. Foreign Assistance Act of 1973 (Public Law 93-189)
(partial text)............................................. 781
Section 28--Asian Development Bank................... 781
Section 30--Termination of Indochina War............. 781
Section 31--Limitation on Use of Funds............... 781
Section 32--Political Prisoners...................... 782
Section 33--Albert Schweitzer Hospital............... 782
Section 34--Prisoners of War and Individuals Missing
in Action.......................................... 782
Section 35--Rights in Chile.......................... 783
Section 36--Revision of Social Progress Trust Fund
Agreement.......................................... 783
Section 39--World Food Shortages..................... 785
Section 40--Use of Local Currencies.................. 785
cc. Foreign Assistance Act of 1971 (Public Law 92-226)
(partial text)............................................. 787
Section 2--Food for Peace Program.................... 787
Section 403--Position of Under Secretary of State for
Coordinating Security Assistance................... 788
Section 407--Periodic Authorizations for State and
USIA............................................... 788
Section 410--Limitation on United Nations Assessment
of United States................................... 788
dd. Special Foreign Assistance Act of 1971, as Amended
(Public Law 91-652) (partial text)......................... 789
Section 2--Authorization of Appropriations........... 789
Section 3--Transfer of Defense Articles to Korea..... 789
Section 4--Transfer Limitations...................... 790
Section 6--Foreign Currencies Held in Pakistan....... 790
Section 7--Limitation on Assistance to Cambodia...... 790
ee. Foreign Military Sales Act Amendments, 1971 (Public Law
91-672) (partial text)..................................... 791
ff. Foreign Assistance Act of 1969, as Amended (Public Law
91-175) (partial text)..................................... 794
gg. Foreign Assistance Act of 1968 (Public Law 90-554)
(partial text)............................................. 801
Part V--Reappraisal of Foreign Assistance Programs....... 801
hh. Foreign Assistance Act of 1967 (Public Law 90-137)....... 803
ii. Foreign Assistance Act of 1966 (Public Law 89-583)....... 804
jj. Foreign Assistance Act of 1965 (Public Law 89-171)....... 805
kk. Foreign Assistance Act of 1964 (Public Law 88-633)
(partial text)............................................. 806
Part V--Religious Persecution............................ 806
ll. Foreign Assistance Act of 1963 (Public Law 88-205)....... 807
mm. Foreign Assistance Act of 1962 (Public Law 87-565)....... 808
2. Foreign Assistance Appropriations............................. 809
a. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (Public Law 108-7) (partial text). 809
b. Emergency Wartime Supplemental Appropriations Act, 2003
(Public Law 108-11)........................................ 879
c. Continuing Appropriations for Fiscal Year 2003 (Public Law
107-229) (partial text).................................... 895
d. 2002 Supplemental Appropriations Act for Further Recovery
From and Response to Terrorist Attacks on the United States
(Public Law 107-206) (partial text)........................ 900
e. Kenneth M. Ludden Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2002 (Public Law
107-115)................................................... 914
f. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001 (Public Law 106-429) (partial
text)...................................................... 916
g. Emergency Supplemental Act, 2000 (Public Law 106-246)
(partial text)............................................. 923
h. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2000 (Public Law 106-113).............. 932
i. Miscellaneous Appropriations, 2000 (Public Law 106-113)
(partial text)............................................. 941
j. 1999 Emergency Supplemental Appropriations Act (Public Law
106-31) (partial text)..................................... 946
k. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1999 (Public Law 105-277) (partial
text)...................................................... 951
l. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208) (partial
text)...................................................... 959
m. Mexican Debt Disclosure Act of 1995 (Public Law 104-6)
(partial text)............................................. 966
n. Foreign Operations, Export Financing, and Related Programs
Supplemental Appropriations Act, 1994 (Public Law 103-306)
(partial text)............................................. 970
o. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1993 (Public Law 102-391) (partial
text)...................................................... 972
p. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991 (Public Law 101-513) (partial
text)...................................................... 976
q. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990 (Public Law 101-167) (partial
text)...................................................... 987
r. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (Public Law 100-202) (partial
text)...................................................... 1001
s. Foreign Assistance and Related Programs Appropriations
Act, 1984 (Deobligation of funds for Syria) (Public Law 98-
151) (partial text)........................................ 1006
t. Title 31, United States Code--Valid Obligations........... 1008
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; 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; Public Law 107-26 [H.R. 2131],
115 Stat. 206, approved August 17, 2001; Public Law 107-228
[Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646],
116 Stat. 1350, approved September 30, 2002; Public Law 107-246
[Russian Democracy Act of 2002; H.R. 2121], 116 Stat. 1511,
approved October 23, 2002; Public Law 107-372 [H.R. 4883], 116
Stat. 3078, approved December 19, 2002; Public Law 108-25 [United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act
of 2003; H.R. 1298], 117 Stat. 711, approved May 27, 2003; and by
Public Law 108-31 [H.R. 192], 117 Stat. 775, approved June 17, 2003
---------------------------------------------------------------------------
* 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.
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PART I
Chapter 1--Policy; Development Assistance Authorizations \2\
Sec. 101.\3\ General Policy.--(a) The Congress finds that
fundamental political, economic, and technological changes have
resulted in the interdependence of nations. The Congress
declares that the individual liberties, economic prosperity,
and security of the people of the United States are best
sustained and enhanced in a community of nations which respect
individual civil and economic rights and freedoms and which
work together to use wisely the world's limited resources in an
open and equitable international economic system. Furthermore,
the Congress reaffirms the traditional humanitarian ideals of
the American people and renews its commitment to assist people
in developing countries to eliminate hunger, poverty, illness,
and ignorance.
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\2\ Sec. 101(a) of the FA Act of 1963 struck out the words ``Short
Title and'' in the chapter heading, which formerly read ``Short Title
and Policy''. Sec. 2(1) of the FA Act of 1973 added the following words
to the chapter heading: ``Development Assistance Authorizations''.
\3\ 22 U.S.C. 2151. Sec. 101 was added by sec. 101 of the
International Development and Food Assistance Act of 1978 (92 Stat.
937). Previously, sec. 101 had related to the short title before being
repealed by the FA Act of 1963. This general policy statement was
formerly contained in sec. 102 before 1978.
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Therefore, the Congress declares that a principal objective
of the foreign policy of the United States is the encouragement
and sustained support of the people of developing countries in
their efforts to acquire the knowledge and resources essential
to development and to build the economic, political, and social
institutions which will improve the quality of their lives.
United States development cooperation policy should
emphasize 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''.
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(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\
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\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).
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(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) \6\ 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.
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\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. Subsequently, 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. 1413 of the Foreign Affairs Reform and Restructuring Act of
1998 (22 U.S.C. 6563; 112 Stat. 2681-791), furthermore, provided the
following:
``Sec. 1413. Status of AID.
``(a) In General.--Unless abolished pursuant to the reorganization
plan submitted under section 1601, and except as provided in section
1412, there is within the Executive branch of Government the United
States Agency for International Development as an entity described in
section 104 of title 5, United States Code.
``(b) Retention of Officers.--Nothing in this section shall require
the reappointment of any officer of the United States serving in the
Agency for International Development of the United States International
Development cooperation Agency as of the day before the effective date
of this title.''.
Sec. 1522 of that Act (22 U.S.C. 6592; 112 Stat. 2681-794),
furthermore, provided the following:
``Sec. 1522. Administrator of AID Reporting to the Secretary of
State.
``The Administrator of the Agency for International Development,
appointed pursuant to section 624(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2384(a)), shall report to and be under the direct
authority and foreign policy guidance of the Secretary of State.''.
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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\
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\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.
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\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).
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(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 2003 are included in the Foreign Operations,
Export Financing, and Related Programs Appropriations
Act, 2003 (division E of the Consolidated
Appropriations Resolution, 2003; Public Law 108-7; 117
Stat. 11), and the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat.
559). Amounts appropriated by that Act to carry out the
purposes of provisions contained in the Foreign
Assistance Act of 1961, during fiscal year 2003 unless
otherwise specified, are included in footnotes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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Note.--Prior to fiscal year 1992, Congress appropriated
funds for each of the Development Assistance functional
accounts authorized in sections 103 through 106 of the
Foreign Assistance Act of 1961. For fiscal year 1992
through fiscal year 1995, however, Congress made
appropriations in one lump sum for all programs within
sections 103 through 106, with the exception of
``Population, Development Assistance''. In fiscal year
1996, Congress made appropriations in one lump sum for
Development Assistance. Since fiscal year 1997, Congress
has made appropriations to two development accounts:
``Development Assistance'' and ``Child Survival and
Disease Programs Fund''. In fiscal year 2003, the
latter account is referred to as the ``Child Survival
and Health Programs Fund''.
For fiscal year 2003, to remain available until
September 30, 2004, for the provisions of sections
103, 105, 106, and 131, and chapter 10 of part I of
the Foreign Assistance Act of 1961 (Development
Assistance and Development Fund for Africa), Congress
appropriated $1,389,000,000. Congress also
appropriated $1,836,500,000 in fiscal year 2003, to
remain available until September 30, 2005, for
child survival, reproductive health/family planning,
assistance to combat tropical and other
infectious diseases, and related activities. Congress
also appropriated $90,000,000 to remain
available until September 30, 2004, in the Emergency
Wartime Supplemental Appropriations Act, 2003
(Public Law 108-11; 117 Stat. 572).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E
of Public Law 108-7; 117 Stat. 179), 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, 2003 (division E of Public Law
108-7; 117 Stat. 182), provided the following:
``transfers between accounts
``Sec. 509. (a) None of the funds made available by
this Act may be transferred to any department,
agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other
appropriation Act.
``(b) Notwithstanding subsection (a), in addition
to transfers made by, or authorized elsewhere in,
this Act, funds appropriated by this Act to carry out
the purposes of the Foreign Assistance Act of
1961 may be allocated or transferred to agencies of
the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961.
``(c) 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, not less than five days 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.
``(d) Any agreement for the transfer or allocation
of funds appropriated by this Act, or prior Acts,
entered into between the United States Agency for
International Development and another agency of the
United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly
provide that the Office of the Inspector General
for the agency receiving the transfer or allocation
of such funds shall perform periodic program and
financial audits of the use of such funds: Provided,
That funds transferred under such authority may
be made available for the cost of such audits.''.
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Note.--Availability of Funds. The Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7;
117 Stat. 182), 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, chapter
4 of part II of the Foreign Assistance Act of 1961, as
amended, section 23 of the Arms Export Control
Act, and funds provided under the heading ``Assistance
for Eastern Europe and the Baltic States'',
shall remain available for an additional 4 years from
the date on which the availability of such funds
would otherwise have expired, 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.''.
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note.--Notification Requirements. The Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7;
117 Stat. 184), provided the following:
``notification requirements
``Sec. 515. 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 Health Programs Fund',
`Development Assistance', `International Organizations
and Programs', `Trade and Development Agency',
`International Narcotics Control and Law Enforcement',
`Andean Counterdrug Initiative',`Assistance for Eastern
Europe and the Baltic States', `Assistance for the
Independent States of the Former Soviet Union', `Economic
Support Fund', `Peacekeeping Operations', `Capital
Investment Fund', `Operating Expenses of the United
States Agency for International Development',
`Operating Expenses of the United States 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
Committees on Appropriations 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.''.
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Note.--The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003
(division E of Public Law 108-7; 117 Stat. 193),
provided the following:
``special authorities
``Sec. 534. (a) Afghanistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated by this Act that are made
available for assistance for Afghanistan may be
made available notwithstanding section 512 of this Act
and any similar provision of law, and funds
appropriated in titles I and II of this Act that are
made available for Lebanon, Montenegro, and for
victims of war, displaced children, and displaced Burmese,
and to assist victims of trafficking in
persons and, subject to the regular notification
procedures of the Committees on Appropriations, to
combat such trafficking, may be made available
notwithstanding any other provision of law.
``(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 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 United States Agency
for International Development to employ up to 20
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
managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not
more than 7 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 Procurement; the Bureau for Africa; 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.
``(e) Contingencies.--During fiscal year 2003, the
President may use up to $45,000,000 under the
authority of section 451 of the Foreign Assistance Act,
notwithstanding the funding ceiling in section
451(a).
``(f) Small Business.--In entering into multiple
award indefinite-quantity contracts with funds
appropriated by this Act, the United States Agency
for International Development may provide an
exception to the fair opportunity process for placing
task orders under such contracts when the order
is placed with any category of small or small
disadvantaged business.
``(g) Shipment of Humanitarian Assistance.--During
fiscal year 2003, of the amounts made available by
the United States Agency for International Development
to carry out the provisions of section 123(b)
of the Foreign Assistance Act of 1961, funds may be
made available to nongovernmental organizations
for administrative costs necessary to implement a
program to obtain available donated space on
commercial ships for the shipment of humanitarian
assistance overseas.
``(h) Reconstituting Civilian Police Authority.--In
providing assistance with funds appropriated by
this Act under section 660(b)(6) of the Foreign
Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for
regional, district, municipal, or other sub-
national entity emerging from instability, as well
as a nation emerging from instability.
``(i) Repeal.--Section 545(d) of Public Law 106-429,
and comparable provisions contained in prior
Acts making appropriations for foreign operations,
export financing, and related programs, are hereby
repealed.
``(j) World Food Program.--Of the funds managed by
the Bureau for Democracy, Conflict, and
Humanitarian Assistance of the United States Agency for
International Development, from this or any
other Act, not less than $6,000,000 should be made
available as a general contribution to the World
Food Program, notwithstanding any other provision of
law.''.
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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 2002, 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 2002, 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--
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\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).
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(A) to alleviate starvation, hunger, and
malnutrition;
(B) to expand significantly the provision of basic
services to rural poor people to enhance their capacity
for self-help; and
(C) to help create productive farm and off-farm
employment in rural areas to provide a more viable
economic base and enhance opportunities for improved
incomes, living standards, and contributions by rural
poor people to the economic and social development of
their countries.
(2) There are authorized to be appropriated to the
President for purposes of this section, in addition to funds
otherwise available for such purposes, $760,000,000 for the
fiscal year 1986 and $760,000,000 for the fiscal year 1987.\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\
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\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 2003--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.
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(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.
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\15\ Paragraph 3 was added by sec. 1304 of Public Law 99-399 (100
Stat. 898).
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(b)(1) Assistance provided under this section shall be used
primarily for activities which are specifically designed to
increase the productivity and income of the rural poor, through
such means as creation and strengthening of local institutions
linked to the regional and national levels; organization of a
system of financial institutions which provide both savings and
credit services to the poor; stimulation of small, labor-
intensive enterprises in rural towns; improvement of marketing
facilities and systems; expansion of rural infrastructure and
utilities such as farm-to-market roads, water management
systems, land improvement, energy, and storage facilities;
establishment of more equitable and more secure land tenure
arrangements; and creation and strengthening of systems to
provide other services and supplies needed by farmers, such as
extension, research, training, fertilizer, water, forestry,
soil conservation, and improved seed, in ways which assure
access to them by small farmers.
(2) In circumstances where development of major
infrastructure is necessary to achieve the objectives set forth
in this section, assistance for that purpose should be
furnished under this chapter in association with significant
contributions from other countries working together in a
multilateral framework. Infrastructure projects so assisted
should be complemented by other measures to ensure that the
benefits of the infrastructure reach the poor.
(3) \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.
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\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).
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(c) The Congress finds that the greatest potential for
significantly expanding availability of food for people in
rural areas and augmenting world food production at relatively
low cost lies in increasing the productivity of small farmers
who constitute a majority of the agricultural producers in
developing countries. Increasing the emphasis on rural
development and expanded food production in the poorest nations
of the developing world is a matter of social justice and a
principal element contributing to broadly based economic
growth, as well as an important factor in alleviating inflation
in the industrialized countries. In the allocation of funds
under this section, special attention shall be given to
increasing agricultural production in countries which have been
designated as ``least developed'' by the United Nations General
Assembly.
(d) Assistance provided under this section shall also be
used in coordination with programs carried out under section
104 to help improve nutrition of the people of developing
countries through encouragement of increased production of
crops with greater nutritional value; improvement of planning,
research, and education with respect to nutrition, particularly
with reference to improvement and expanded use of indigenously
produced foodstuffs; and the undertaking of pilot or
demonstration programs explicitly addressing the problem of
malnutrition of poor and vulnerable people. In particular, the
President is encouraged--
(1) to devise and carry out in partnership with
developing countries a strategy for programs of
nutrition and health improvement for mothers and
children, including breast feeding; and
(2) to provide technical, financial, and material
support to individuals or groups at the local level for
such programs.
(e) Local currency proceeds from sales of commodities
provided under the Agricultural Trade Development and
Assistance Act of 1954 which are owned by foreign governments
shall be used whenever practicable to carry out the provisions
of this section.
(f) \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.
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\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.''.
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(2) Of the aggregate amount authorized to be appropriated
to carry out part I of this Act, up to $50,000,000 for fiscal
year 1986 and up to $50,000,000 for fiscal year 1987 may be
made available, by appropriation or by transfer, for United
States contributions to the second replenishment of the
International Fund for Agricultural Development.
Sec. 103A.\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.
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\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).
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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.
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\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).
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Large families in developing countries are the result of
complex social and economic factors which change relatively
slowly among the poor majority least affected by economic
progress, as well as the result of a lack of effective birth
control. Therefore, effective family planning depends upon
economic and social change as well as the delivery of services
and is often a matter of political and religious sensitivity.
While every country has the right to determine its own policies
with respect to population growth, voluntary population
planning programs can make a substantial contribution to
economic development, higher living standards, and improved
health and nutrition.
Good health conditions are a principal element in improved
quality of life and contribute to the individual's capacity to
participate in the development process, while poor health and
debilitating disease can limit productivity.
(b) Assistance for Population Planning.--In order to
increase the opportunities and motivation for family planning
and to reduce the rate of population growth, the President is
authorized to furnish assistance, on such terms and conditions
as he may determine, for voluntary population planning. In
addition to the provision of family planning information and
services, including also information and services which relate
to and support natural family planning methods,\21\ and the
conduct of directly relevant demographic research, population
planning programs shall emphasize motivation for small
families.
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\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).
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(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.
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\22\ Sec. 301(a)(1) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117
Stat. 711) struck out subsec. (c)(4) through (c)(7), originally added
by sec. 111(a) and sec. 203 of the Global AIDS and Tuberculosis Relief
Act of 2000 (Public Law 106-264; 114 Stat. 751, 759).which had read as
follows:
``(4)(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.
``(B) The agency primarily responsible for administering this part
shall--
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``(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.
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``(5)(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--
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``(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.
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``(6)(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)(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)--
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``(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.
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``(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.''.
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.--
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``(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.
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``(b) Authorization of Appropriations.--
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``(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.''.
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\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.
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(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.
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\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.
Titles II and V of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 161, 187), provided the following:
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``UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
``CHILD SURVIVAL AND HEALTH PROGRAMS FUND
``(including transfer of funds)
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``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, health, and family planning/reproductive health activities,
in addition to funds otherwise available for such purposes,
$1,836,500,000, to remain available until September 30, 2005: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health,
nutrition, water and sanitation programs which directly address the
needs of mothers and children, and related education programs; (4)
assistance for displaced and orphaned children; (5) programs for the
prevention, treatment, and control of, and research on, HIV/AIDS,
tuberculosis, malaria, polio and other infectious diseases; and (6)
family planning/reproductive health: 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 ongoing health activities: Provided further, That of the
funds appropriated under this heading, not to exceed $150,000, in
addition to funds otherwise available for such purposes, may be used to
monitor and provide oversight of child survival, maternal and family
planning/reproductive health, and infectious disease programs: Provided
further, That the following amounts should be allocated as follows:
$324,000,000 for child survival and maternal health; $27,000,000 for
vulnerable children; $591,500,000 for HIV/AIDS including not less than
$18,000,000 which should be made available to support the development
of microbicides as a means for combating HIV/AIDS; $155,500,000 for
other infectious diseases; $368,500,000 for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species; and $120,000,000 for
UNICEF: Provided further, That of the funds appropriated under this
heading, and in addition to funds allocated under the previous proviso,
not less than $250,000,000 shall be made available, notwithstanding any
other provision of law, for a United States contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria, and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities: Provided further, That the cumulative amount of United
States contributions to the Global Fund may not exceed the total
resources provided by other donors and available for use by the Global
Fund: Provided further, That of the funds appropriated under this
heading that are available for HIV/AIDS programs and activities, up to
$10,500,000 should be made available for the International AIDS Vaccine
Initiative, and up to $100,000,000 should be made available for the
International Mother and Child HIV Prevention Initiative: Provided
further, That of the funds appropriated under this heading, up to
$60,000,000 may be made available for a United States contribution to
The Vaccine Fund, and up to $6,000,000 may be transferred to and merged
with funds appropriated by this Act under the heading `Operating
Expenses of the United States Agency for International Development' for
costs directly related to international health, but funds made
available for such costs may not be derived from amounts made available
for contribution under the preceding provisos: Provided further, That
notwithstanding any other provision of this Act, funds appropriated
under this heading that are available for child survival and health
programs shall be apportioned to the United States Agency for
International Development, and the authority of sections 632(a) or
632(b) of the Foreign Assistance Act of 1961, or any comparable
provision of law, may not be used to transfer or allocate any part of
such funds to the Department of Health and Human Services including any
office of that agency, except that the authority of those sections may
be used to transfer or allocate up to $25,000,000 of such funds to the
Centers for Disease Control and Prevention: Provided further, That of
the funds appropriated under this heading, $5,000,000 shall be made
available to continue to support the provision of wheelchairs for needy
persons in developing countries: 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 Act 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: Provided further, That none
of the funds made available under this Act may be used to lobby for or
against abortion: Provided further, 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
Committees on Appropriations 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 the funds
under this heading that are available for the treatment and prevention
of HIV/AIDS should also include programs and activities that are
designed to maintain and preserve the families of those persons living
with HIV/AIDS and to reduce the numbers of orphans created by HIV/AIDS.
---------------------------------------------------------------------------
* * * * * * *
``CHILD SURVIVAL AND HEALTH ACTIVITIES
---------------------------------------------------------------------------
``Sec. 522. Up to $13,500,000 of the funds made available by this
Act for assistance under the heading `Child Survival and Health
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
United States Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up to
$3,500,000 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, HIV/AIDS may be made available notwithstanding any other
provision of law: 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: Provided further, That of
the funds appropriated under title II of this Act, not less than
$446,500,000 shall be made available for family planning/reproductive
health.''.
Title I, chapter 3 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 572), provided
an additional $90,000,000 for "Child Survival and Health Programs
Fund'' to remain available until September 30, 2004.
Relating to family planning, see also the President's Memorandum of
March 28, 2001, to the Administrator of the U.S. Agency for
International Development, restoring the Mexico City Policy (66 F.R.
17303).
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(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\
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\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).
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(4) \27\ Relationship to other laws.--Assistance made
available under this subsection and sections 104A, 104B, and
104C, and assistance made available under chapter 4 of part II
to carry out the purposes of this subsection and the provisions
cited in this paragraph, may be made available notwithstanding
any other provision of law that restricts assistance to foreign
countries, except for the provisions of this subsection, the
provisions of law cited in this paragraph, subsection (f),
section 634A of this Act, and provisions of law that limit
assistance to organizations that support or participate in a
program of coercive abortion or involuntary sterilization
included under the Child Survival and Health Programs Fund
heading in the Consolidated Appropriations Resolution, 2003
(Public Law 108-7).
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\27\ Sec. 303(c) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat.
711) added para. (4).
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(d) Integration of Assistance Programs.--(1) Assistance
under this chapter shall be administered so as to give
particular attention to the interrelationship between (A)
population growth, and (B) development and overall improvement
in living standards in developing countries, and to the impact
of all programs, projects, and activities on population growth.
All appropriate activities proposed for financing under this
chapter shall be designed to build motivation for smaller
families through modification of economic and social conditions
supportive of the desire for large families, in programs such
as education in and out of school, nutrition, disease control,
maternal and child health services, improvements in the status
and employment of women, agricultural production, rural
development, and assistance to the urban poor, and through
community-based development programs which give recognition to
people motivated to limit the size of their families.\28\
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.
---------------------------------------------------------------------------
\28\ 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).
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(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) \29\ 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 \30\ or coerce any person to practice abortions.
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\29\ Sec. 518 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 186), made a similar prohibition.
\30\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (Public Law 108-7; 117 Stat.
163), under ``Child Survival and Health Programs Fund'', 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:''.
Relating to family planning, see also the President's Memorandum of
March 28, 2001, to the Administrator of the U.S. Agency for
International Development, restoring the Mexico City Policy (66 F.R.
17303).
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(2) None of the funds made available to carry out this part
may be used to pay for the performance of involuntary
sterilizations as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations.
(3) \31\ 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.
---------------------------------------------------------------------------
\31\ 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).
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(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.\32\
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\32\ 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 2002--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 2003--no
authorization.
Congress did not enact an authorization for fiscal year 2003.
Instead, the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7), waived the
requirement for authorization, and title II of that Act (at 115 Stat.
162) provided the following:
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``UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
``CHILD SURVIVAL AND HEALTH PROGRAMS FUND
``(including transfer of funds
---------------------------------------------------------------------------
``* * * Provided further, That none of the funds made available in
this Act nor any unobligated balances from prior appropriations may be
made available to any organization or program which, as determined by
the President of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, That none of the funds made available
under this Act 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: Provided further, That none of the funds made
available under this Act may be used to lobby for or against abortion:
Provided further, 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 Committees on
Appropriations 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 the funds under this
heading that are available for the treatment and prevention of HIV/AIDS
should also include programs and activities that are designed to
maintain and preserve the families of those persons living with HIV/
AIDS and to reduce the numbers of orphans created by HIV/AIDS.''.
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 health activities, and sec. 572, relating to U.S.
participation in the United Nations Population Fund.
Relating to family planning, see also the President's Memorandum of
March 28, 2001, to the Administrator of the U.S. Agency for
International Development, restoring the Mexico City Policy (66 F.R.
17303).
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SEC. 104A.\33\ ASSISTANCE TO COMBAT HIV/AIDS.
(a) Finding.--Congress recognizes that the alarming spread
of HIV/AIDS in countries in sub-Saharan Africa, the Caribbean,
and other developing countries is a major global health,
national security, development, and humanitarian crisis.
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\33\ 22 U.S.C. 2151b-2. Sec. 301(a)(2) of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25; 117 Stat. 711) added sec. 104A.
---------------------------------------------------------------------------
(b) Policy.--It is a major objective of the foreign
assistance program of the United States to provide assistance
for the prevention, treatment, and control of HIV/AIDS. The
United States and other developed countries should provide
assistance to countries in sub-Saharan Africa, the Caribbean,
and other countries and areas to control this crisis through
HIV/AIDS prevention, treatment, monitoring, and related
activities, particularly activities focused on women and youth,
including strategies to protect women and prevent mother-to-
child transmission of the HIV infection.
(c) Authorization.--
(1) In general.--Consistent with section 104(c), the
President is authorized to furnish assistance, on such
terms and conditions as the President may determine,
for HIV/AIDS, including to prevent, treat, and monitor
HIV/AIDS, and carry out related activities, in
countries in sub-Saharan Africa, the Caribbean, and
other countries and areas.
(2) Role of ngos.--It is the sense of Congress that
the President should provide an appropriate level of
assistance under paragraph (1) through nongovernmental
organizations (including faith-based and community-
based organizations) in countries in sub-Saharan
Africa, the Caribbean, and other countries and areas
affected by the HIV/AIDS pandemic.
(3) Coordination of assistance efforts.--The
President shall coordinate the provision of assistance
under paragraph (1) with the provision of related
assistance by the Joint United Nations Programme on
HIV/AIDS (UNAIDS), the United Nations Children's Fund
(UNICEF), the World Health Organization (WHO), the
United Nations Development Programme (UNDP), the Global
Fund to Fight AIDS, Tuberculosis and Malaria and other
appropriate international organizations (such as the
International Bank for Reconstruction and Development),
relevant regional multilateral development
institutions, national, state, and local governments of
foreign countries, appropriate governmental and
nongovernmental organizations, and relevant executive
branch agencies.
(d) Activities Supported.--Assistance provided under
subsection (c) shall, to the maximum extent practicable, be
used to carry out the following activities:
(1) Prevention.--Prevention of HIV/AIDS through
activities including--
(A) programs and efforts that are designed or
intended to impart knowledge with the exclusive
purpose of helping individuals avoid behaviors
that place them at risk of HIV infection,
including integration of such programs into
health programs and the inclusion in counseling
programs of information on methods of avoiding
infection of HIV, including delaying sexual
debut, abstinence, fidelity and monogamy,
reduction of casual sexual partnering, reducing
sexual violence and coercion, including child
marriage, widow inheritance, and polygamy, and
where appropriate, use of condoms;
(B) assistance to establish and implement
culturally appropriate HIV/AIDS education and
prevention programs that focus on helping
individuals avoid infection of HIV/AIDS,
implemented through nongovernmental
organizations, including faith-based and
community-based organizations, particularly
those organizations that utilize both
professionals and volunteers with appropriate
skills, experience, and community presence;
(C) assistance for the purpose of encouraging
men to be responsible in their sexual behavior,
child rearing, and to respect women;
(D) assistance for the purpose of providing
voluntary testing and counseling (including the
incorporation of confidentiality protections
with respect to such testing and counseling);
(E) assistance for the purpose of preventing
mother-to-child transmission of the HIV
infection, including medications to prevent
such transmission and access to infant formula
and other alternatives for infant feeding;
(F) assistance to ensure a safe blood supply
and sterile medical equipment;
(G) assistance to help avoid substance abuse
and intravenous drug use that can lead to HIV
infection; and
(H) assistance for the purpose of increasing
women's access to employment opportunities,
income, productive resources, and microfinance
programs, where appropriate.
(2) Treatment.--The treatment and care of individuals
with HIV/AIDS, including--
(A) assistance to establish and implement
programs to strengthen and broaden indigenous
health care delivery systems and the capacity
of such systems to deliver HIV/AIDS
pharmaceuticals and otherwise provide for the
treatment of individuals with HIV/AIDS,
including clinical training for indigenous
organizations and health care providers;
(B) assistance to strengthen and expand
hospice and palliative care programs to assist
patients debilitated by HIV/AIDS, their
families, and the primary caregivers of such
patients, including programs that utilize
faith-based and community-based organizations;
and
(C) assistance for the purpose of the care
and treatment of individuals with HIV/AIDS
through the provision of pharmaceuticals,
including antiretrovirals and other
pharmaceuticals and therapies for the treatment
of opportunistic infections, nutritional
support, and other treatment modalities.
(3) Preventative intervention education and
technologies.--(A) With particular emphasis on specific
populations that represent a particularly high risk of
contracting or spreading HIV/AIDS, including those
exploited through the sex trade, victims of rape and
sexual assault, individuals already infected with HIV/
AIDS, and in cases of occupational exposure of health
care workers, assistance with efforts to reduce the
risk of HIV/AIDS infection including post-exposure
pharmaceutical prophylaxis, and necessary
pharmaceuticals and commodities, including test kits,
condoms, and, when proven effective, microbicides.
(B) Bulk purchases of available test kits, condoms,
and, when proven effective, microbicides that are
intended to reduce the risk of HIV/AIDS transmission
and for appropriate program support for the
introduction and distribution of these commodities, as
well as education and training on the use of the
technologies.
(4) Monitoring.--The monitoring of programs,
projects, and activities carried out pursuant to
paragraphs (1) through (3), including--
(A) monitoring to ensure that adequate
controls are established and implemented to
provide HIV/AIDS pharmaceuticals and other
appropriate medicines to poor individuals with
HIV/AIDS;
(B) appropriate evaluation and surveillance
activities;
(C) monitoring to ensure that appropriate
measures are being taken to maintain the
sustainability of HIV/AIDS pharmaceuticals
(especially antiretrovirals) and ensure that
drug resistance is not compromising the
benefits of such pharmaceuticals; and
(D) monitoring to ensure appropriate law
enforcement officials are working to ensure
that HIV/AIDS pharmaceuticals are not
diminished through illegal counterfeiting or
black market sales of such pharmaceuticals.
(5) Pharmaceuticals.--
(A) Procurement.--The procurement of HIV/AIDS
pharmaceuticals, antiviral therapies, and other
appropriate medicines, including medicines to
treat opportunistic infections.
(B) Mechanisms for quality control and
sustainable supply.--Mechanisms to ensure that
such HIV/AIDS pharmaceuticals, antiretroviral
therapies, and other appropriate medicines are
quality-controlled and sustainably supplied.
(C) Distribution.--The distribution of such
HIV/AIDS pharmaceuticals, antiviral therapies,
and other appropriate medicines (including
medicines to treat opportunistic infections) to
qualified national, regional, or local
organizations for the treatment of individuals
with HIV/AIDS in accordance with appropriate
HIV/AIDS testing and monitoring requirements
and treatment protocols and for the prevention
of mother-to-child transmission of the HIV
infection.
(6) Related activities.--The conduct of related
activities, including--
(A) the care and support of children who are
orphaned by the HIV/AIDS pandemic, including
services designed to care for orphaned children
in a family environment which rely on extended
family members;
(B) improved infrastructure and institutional
capacity to develop and manage education,
prevention, and treatment programs, including
training and the resources to collect and
maintain accurate HIV surveillance data to
target programs and measure the effectiveness
of interventions; and
(C) vaccine research and development
partnership programs with specific plans of
action to develop a safe, effective,
accessible, preventive HIV vaccine for use
throughout the world.
(7) Comprehensive hiv/aids public-private
partnerships.--The establishment and operation of
public-private partnership entities within countries in
sub-Saharan Africa, the Caribbean, and other countries
affected by the HIV/AIDS pandemic that are dedicated to
supporting the national strategy of such countries
regarding the prevention, treatment, and monitoring of
HIV/AIDS. Each such public-private partnership should)
(A) support the development, implementation,
and management of comprehensive HIV/AIDS plans
in support of the national HIV/AIDS strategy;
(B) operate at all times in a manner that
emphasizes efficiency, accountability, and
results-driven programs;
(C) engage both local and foreign development
partners and donors, including businesses,
government agencies, academic institutions,
nongovernmental organizations, foundations,
multilateral development agencies, and faith-
based organizations, to assist the country in
coordinating and implementing HIV/AIDS
prevention, treatment, and monitoring programs
in accordance with its national HIV/AIDS
strategy;
(D) provide technical assistance, consultant
services, financial planning, monitoring and
evaluation, and research in support of the
national HIV/AIDS strategy; and
(E) establish local human resource capacities
for the national HIV/AIDS strategy through the
transfer of medical, managerial, leadership,
and technical skills.
(e) Annual Report.--
(1) In general.--Not later than January 31 of each
year, the President 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 implementation of this section for the
prior fiscal year.
(2) Report elements.--Each report shall include--
(A) a description of efforts made by each
relevant executive branch agency to implement
the policies set forth in this section, section
104B, and section 104C;
(B) a description of the programs established
pursuant to such sections; and
(C) a detailed assessment of the impact of
programs established pursuant to such sections,
including
(i)(I) the effectiveness of such
programs in reducing the spread of the
HIV infection, particularly in women
and girls, in reducing mother-to-child
transmission of the HIV infection, and
in reducing mortality rates from HIV/
AIDS; and
(II) the number of patients currently
receiving treatment for AIDS in each
country that receives assistance under
this Act.
(ii) the progress made toward
improving health care delivery systems
(including the training of adequate
numbers of staff) and infrastructure to
ensure increased access to care and
treatment;
(iii) with respect to tuberculosis,
the increase in the number of people
treated and the increase in number of
tuberculosis patients cured through
each program, project, or activity
receiving United States foreign
assistance for tuberculosis control
purposes; and
(iv) with respect to malaria, the
increase in the number of people
treated and the increase in number of
malaria patients cured through each
program, project, or activity receiving
United States foreign assistance for
malaria control purposes.
(f) Funding Limitation.--Of the funds made available to
carry out this section in any fiscal year, not more than 7
percent may be used for the administrative expenses of the
United States Agency for International Development in support
of activities described in section 104(c), this section,
section 104B, and section 104C. Such amount shall be in
addition to other amounts otherwise available for such
purposes.
(g) Definitions.--In this section:
(1) AIDS.--The term ``AIDS'' means acquired immune
deficiency syndrome.
(2) HIV.--The term ``HIV'' means the human
immunodeficiency virus, the pathogen that causes AIDS.
(3) HIV/AIDS.--The term ``HIV/AIDS'' means, with
respect to an individual, an individual who is infected
with HIV or living with AIDS.
(4) Relevant executive branch agencies.--The term
``relevant executive branch agencies'' means the
Department of State, the United States Agency for
International Development, the Department of Health and
Human Services (including its agencies and offices),
and any other department or agency of the United States
that participates in international HIV/AIDS activities
pursuant to the authorities of such department or
agency or this Act.
SEC. 104B.\34\ ASSISTANCE TO COMBAT TUBERCULOSIS.
(a) Findings.--Congress makes the following findings:
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\34\ 22 U.S.C. 2151b-3. Sec. 302(a) of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
108-25; 117 Stat. 711) added sec. 104B.
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(1) Congress recognizes the growing international
problem of tuberculosis and the impact its continued
existence has on those countries that had previously
largely controlled the disease.
(2) Congress further recognizes that the means exist
to control and treat tuberculosis through expanded use
of the DOTS (Directly Observed Treatment Short-course)
treatment strategy, including DOTS-Plus to address
multi-drug resistant tuberculosis, and adequate
investment in newly created mechanisms to increase
access to treatment, including the Global Tuberculosis
Drug Facility established in 2001 pursuant to the
Amsterdam Declaration to Stop TB and the Global
Alliance for TB Drug Development.
(b) Policy.--It is a major objective of the foreign
assistance program of the United States to control
tuberculosis, including 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, not later than December 31,
2005, in those countries classified by the World Health
Organization as among the highest tuberculosis burden, and not
later than December 31, 2010, in all countries in which the
United States Agency for International Development has
established development programs.
(c) Authorization.--To carry out this section and
consistent with section 104(c), the President is authorized to
furnish assistance, on such terms and conditions as the
President may determine, for the prevention, treatment,
control, and elimination of tuberculosis.
(d) Coordination.--In carrying out this section, the
President shall coordinate with the World Health Organization,
the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and
other organizations with respect to the development and
implementation of a comprehensive tuberculosis control program.
(e) Priority to DOTS Coverage.--In furnishing assistance
under subsection (c), the President shall give priority to
activities that increase Directly Observed Treatment Short-
course (DOTS) coverage and treatment of multi-drug resistant
tuberculosis where needed using DOTS-Plus, including funding
for the Global Tuberculosis Drug Facility, the Stop
Tuberculosis Partnership, and the Global Alliance for TB Drug
Development. In order to meet the requirement of the preceding
sentence, the President should ensure that not less than 75
percent of the amount made available to carry out this section
for a fiscal year should be expended for antituberculosis
drugs, supplies, direct patient services, and training in
diagnosis and treatment for Directly Observed Treatment Short-
course (DOTS) coverage and treatment of multi-drug resistant
tuberculosis using DOTS-Plus, including substantially increased
funding for the Global Tuberculosis Drug Facility.
(f) Definitions.--In this section:
(1) DOTS.--The term ``DOTS'' or ``Directly Observed
Treatment Short-course'' means the World Health
Organization-recommended strategy for treating
tuberculosis.
(2) DOTS-plus.--The term ``DOTS-Plus'' means a
comprehensive tuberculosis management strategy that is
built upon and works as a supplement to the standard
DOTS strategy, and which takes into account specific
issues (such as use of second line anti-tuberculosis
drugs) that need to be addressed in areas where there
is high prevalence of multi-drug resistant
tuberculosis.
(3) Global alliance for tuberculosis drug
development.--The term ``Global Alliance for
Tuberculosis Drug Development'' means the public-
private partnership that brings together leaders in
health, science, philanthropy, and private industry to
devise new approaches to tuberculosis and to ensure
that new medications are available and affordable in
high tuberculosis burden countries and other affected
countries.
(4) Global tuberculosis drug facility.--The term
``Global Tuberculosis Drug Facility (GDF)'' means the
new initiative of the Stop Tuberculosis Partnership to
increase access to high-quality tuberculosis drugs to
facilitate DOTS expansion.
(5) Stop tuberculosis partnership.--The term ``Stop
Tuberculosis Partnership'' means the partnership of the
World Health Organization, donors including the United
States, high tuberculosis burden countries,
multilateral agencies, and nongovernmental and
technical agencies committed to short- and long-term
measures required to control and eventually eliminate
tuberculosis as a public health problem in the world.
SEC. 104C.\35\ ASSISTANCE TO COMBAT MALARIA.
(a) Finding.--Congress finds that malaria kills more people
annually than any other communicable disease except
tuberculosis, that more than 90 percent of all malaria cases
are in sub-Saharan Africa, and that children and women are
particularly at risk. Congress recognizes that there are cost-
effective tools to decrease the spread of malaria and that
malaria is a curable disease if promptly diagnosed and
adequately treated.
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\35\ 22 U.S.C. 2151b-4. Sec. 303(a) of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law
108-25; 117 Stat. 711) added sec. 104C.
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(b) Policy.--It is a major objective of the foreign
assistance program of the United States to provide assistance
for the prevention, control, and cure of malaria.
(c) Authorization.--To carry out this section and
consistent with section 104(c), the President is authorized to
furnish assistance, on such terms and conditions as the
President may determine, for the prevention, treatment,
control, and elimination of malaria.
(d) Coordination.--In carrying out this section, the
President shall coordinate with the World Health Organization,
the Global Fund to Fight AIDS, Tuberculosis, and Malaria, the
Department of Health and Human Services (the Centers for
Disease Control and Prevention and the National Institutes of
Health), and other organizations with respect to the
development and implementation of a comprehensive malaria
control program.
Sec. 105.\36\ Education and Human Resources Development.--
(a) \37\ 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.\38\
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\36\ 22 U.S.C. 2151c. Sec. 105 was added by sec. 2(3) of the FA Act
of 1973.
\37\ Sec. 305 of Public Law 94-161 (89 Stat. 849) added subsection
designation ``(a)'' and new subsecs. (b) and (c).
\38\ 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 2003--no authorization.
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(b) \37\, \39\ 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.\40\
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\39\ 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.''.
\40\ This sentence was added by sec. 103(b) of the International
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 360).
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(c) \39\, \41\ * * * [Repealed--1979]
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\41\ Subsec. (c), which authorized funds during fiscal year 1977
and fiscal year 1978 for the southern African student program and the
southern African training program, was repealed by sec. 122 of the
International Development Cooperation Act of 1979 (Public Law 96-53; 93
Stat. 366).
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Sec. 106.\42\ Energy, Private Voluntary Organizations, and
Selected Development Activities.--(a)(1)(A) \43\ 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.
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\42\ 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 2002, vol. IV, sec. L.
\43\ Sec. 304(b) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated
pars. (1), (2), (3), and (4) of subsec. (a) as subpars. (A), (B), (C),
and (D), respectively; redesignated subpars. (A), (B), and (C) of
former par. (3) as clauses (i), (ii), and (iii), respectively; and
added a new par. (2).
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(B) \43\ 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) \43\ 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) \43\ 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) \43\ 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) \43\ 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) \43\ 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) \43\ 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) \42\ (1) \44\ In order to help developing countries
alleviate their energy problems by improving their ability to
use indigenous energy resources to produce the energy needed by
their economies, the President is authorized to furnish
assistance, on such terms and conditions as he may determine,
to enable such countries to prepare for and undertake
development of their energy resources. Such assistance may
include data collection and analysis, the training of skilled
personnel, research on and development of suitable energy
sources, and pilot projects to test new methods of energy
production.
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\44\ Sec. 304(c) of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated
pars. (1) and (2) of subsec. (b) as subpars. (A) and (B), respectively,
and added a new par. (2). Subsequently, designation of subpar. (A) was
struck out and subpar. (B) was repealed by sec. 1211(a)(2) of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83; 99 Stat. 279). Subpar. (B) previously read as follows: ``Of
the funds made available to carry out this section, up to $7,000,000
for the fiscal year 1981 shall be used for purposes of paragraph (A) to
facilitate geological and geophysical survey work to locate potential
oil, natural gas, and coal reserves and to encourage exploration for
potential oil, natural gas, and coal reserves in developing countries
which are not members of the Organization of Petroleum Exporting
Countries''.
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(2) \44\ 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) \45\ The agency primarily responsible for administering
this part and the Department of Energy shall coordinate with
one another, to the maximum extent possible, the planning and
implementation of energy programs under this chapter.
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\45\ Sec. 304 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3146) redesignated
subsec. (c) as subsec. (d), amended former subsec. (d) and redesignated
it as subsec. (e), and added a new subsec. (c).
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(d) \45\ 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) \46\ programs of research into, and evaluation
of, the process of economic development in less
developed countries and areas, into the factors
affecting the relative success and costs of development
activities, and into the means, techniques, and such
other aspects of development assistance as the
President may determine in order to render such
assistance of increasing value and benefit;
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\46\ Sec. 104(b)(1) of the International Development Cooperation
Act of 1979 (Public Law 96-53; 93 Stat. 360) struck out par. (2), which
concerned various programs designed to alleviate energy problems
experienced by developing countries, and redesignated pars. (3) through
(6) as pars. (2) through (5), respectively.
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(3) \46\ programs of reconstruction following natural
or manmade disasters and programs of disaster
preparedness,\47\ including the prediction of and
contingency planning for natural disasters abroad;
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\47\ The reference to the program of disaster preparedness was
added by sec. 304(a) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533).
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(4) \46\ 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) \46\ 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) \45\ (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.\48\
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\48\ 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 2003--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.
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(2) Amounts appropriated under this section are authorized
to remain available until expended.
(f) \49\ Of the amounts authorized to be appropriated to
carry out this chapter $5,000,000 for fiscal year 1986 and
$5,000,000 for fiscal year 1987 shall be used to finance
cooperative projects among the United States, Israel, and
developing countries.
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\49\ Subsec. (f) was added by sec. 307(b) of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 190).
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Sec. 107.\50\ Appropriate Technology.--(a) In carrying out
activities under this chapter, the President shall place
special emphasis on the use of relatively smaller, cost-saving,
labor-using technologies that are generally most appropriate
for the small farms, small businesses, and small incomes of the
poor.
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\50\ 22 U.S.C. 2151e. Sec. 107, as added by sec. 306 of Public Law
94-161, was amended and restated by sec. 107 of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 947).
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(b) Funds made available to carry out this chapter should
be used to the extent practicable for activities in the field
of appropriate technology, including support of an expanded and
coordinated private effort to promote the development and
dissemination of appropriate technology in developing
countries.
Sec. 108.\51\ Application of Existing Provision. * * *
[Repealed--1978]
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\51\ Sec. 108, as added by the FA Act of 1973, was repealed by sec.
102(g)(2)(K)(i) of the International Development and Food Assistance
Act of 1978 (92 Stat. 943).
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SEC. 108.\52\ MICROENTERPRISE DEVELOPMENT CREDITS.
(a) Findings and Policy.--Congress finds and declares
that--
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\52\ 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) to read ``MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS''.
Subsequently amended by sec. 2(f) of Public Law 108-31 (117 Stat. 775)
to read ``MICROENTERPRISE DEVELOPMENT CREDITS''. 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.
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(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 access to financial
services and the development of microenterprises \53\
in developing countries and to engage the United States
private sector in that process.
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\53\ Sec. 2(a) of Public Law 108-31 (117 Stat. 775) struck out
``the development of the enterprises of the poor'' and inserted in lieu
thereof ``the access to financial services and the development of
microenterprises''.
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(b) \54\ Program.--To carry out the policy set forth in
subsection (a), the President is authorized to provide
assistance to increase the availability of financial services
to microenterprise households lacking full access to credit,
including through--
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\54\ Sec. 2(b) of Public Law 108-31 (117 Stat. 775) amended and
restated subsec. (b). It formerly read as follows:
``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--
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``(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.''.
(1) loans and guarantees to microfinance institutions
for the purpose of expanding the availability of
savings and credit to poor and low-income households;
(2) training programs for microfinance institutions
in order to enable them to better meet the financial
services needs of their clients; and
(3) training programs for clients in order to enable
them to make better use of credit, increase their
financial literacy, and to better manage their
enterprises to improve their quality of life.
(c) Eligibility Criteria.--The Administrator of the agency
primarily responsible for administering this part shall
establish criteria for determining which microfinance
institutions \55\ described in subsection (b)(1) are eligible
to carry out activities, with respect to microenterprise
households,\56\ assisted under this section. Such criteria may
include the following:
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\55\ Sec. 2(c)(1)(A) of Public Law 108-31 (117 Stat. 775) struck
out ``credit institutions'' and inserted in lieu thereof ``microfinance
institutions''.
\56\ Sec. 2(c)(1)(B) of Public Law 108-31 (117 Stat. 775) struck
out ``micro- and small enterprises'' and inserted in lieu thereof
``microenterprise households''.
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(1) The extent to which the recipients of financial
services \57\ from the entity do not have access to the
local formal financial sector.
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\57\ Sec. 2(c)(2) of Public Law 108-31 (117 Stat. 775) struck out
``credit'' and inserted in lieu thereof ``financial services''.
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(2) The extent to which the recipients of financial
services \57\ 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 programs for
microenterprise households \58\ and may not be used to support
programs not directly related to the purposes described in
subsection (b).
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\58\ Sec. 2(d) of Public Law 108-31 (117 Stat. 775) struck out
``micro- and small enterprise programs'' and inserted in lieu thereof
``programs for microenterprise households''.
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(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 through 2004 \59\ to carry out this
section.\60\
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\59\ Sec. 2(e) of Public Law 108-31 (117 Stat. 775) struck out
``for each of fiscal years 2001 and 2002'' and inserted in lieu thereof
``for each of fiscal years 2001 through 2004''.
\60\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 164), provided the following:
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``DEVELOPMENT CREDIT AUTHORITY
``(including transfer of funds)
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``For the cost of direct loans and loan guarantees, as authorized
by sections 108 and 635 of the Foreign Assistance Act of 1961, funds
may be derived by transfer from funds appropriated by this Act to carry
out part I of such Act and under the heading `Assistance for Eastern
Europe and the Baltic States': Provided, That such funds when added to
the funds transferred pursuant to the authority contained under this
heading in Public Law 107-115, shall not exceed $24,500,000, which
shall be made available only for micro and small enterprise programs,
urban programs, and other programs which further the purposes of part I
of the Act: 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 United States Agency for
International Development, $7,591,000, which may be transferred to and
merged with the appropriation for Operating Expenses of the United
States Agency for International Development: Provided further, That
funds made available under this heading shall remain available until
September 30, 2007.''.
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(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.\61\ Transfer of Funds.--Whenever \62\ 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).\63\
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\61\ 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, 2003 (division E of Public Law 108-7; 117
Stat. 182), provided the following:
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``TRANSFERS BETWEEN ACCOUNTS
---------------------------------------------------------------------------
``Sec. 509. (a) None of the funds made available by this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
``(b) Notwithstanding subsection (a), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
``(c) 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, not less than five days 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.
``(d) Any agreement for the transfer or allocation of funds
appropriated by this Act, or prior Acts, entered into between the
United States Agency for International Development and another agency
of the United States Government under the authority of section 632(a)
of the Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector General
for the agency receiving the transfer or allocation of such funds shall
perform periodic program and financial audits of the use of such funds:
Provided, That funds transferred under such authority may be made
available for the cost of such audits.''.
\62\ The words ``Notwithstanding sec. 108 of this Act,'' that had
previously appeared before ``whenever,'' were struck by sec.
102(g)(2)(K)(ii) of the International Development and Food Assistance
Act of 1978 (92 Stat. 943).
\63\ The words to this point beginning with ``except that the
authority of such sections * * *'' were added by sec. 129(b) of the
International Development and Food Assistance Act of 1977 (91 Stat.
543).
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Sec. 110.\64\ 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.\65\
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\64\ 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',''.
See also in this Act, sec. 124(d).
\65\ The following phrase, as added by Public Law 94-161 (89 Stat.
849) and previously appeared at this point, was struck by sec.
112(b)(1) of the International Development and Food Assistance Act of
1978 (92 Stat. 949): ``and except that the President may waive this
cost-sharing requirement in the case of a project or activity in a
country which the agency primarily responsible for administering part I
of this Act determines is relatively least developed based on the
United Nations Conference on Trade and Development list of `relatively
least developed countries'.''.
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Sec. 111.\66\ 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 \67\ of cooperatives in the less developed countries which
will enable and encourage greater numbers of the poor to help
themselves toward a better life.\68\ In meeting the requirement
of the preceding sentence, specific priority shall be given to
the following: \69\
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\66\ 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.''.
\67\ 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).
\68\ 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).
\69\ 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).''.
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(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.\70\ Prohibiting Police Training. * * *
[Repealed--1974]
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\70\ Sec. 112, as added by sec. 2(3) of the FA Act of 1973, was
repealed by sec. 30(b) of the FA Act of 1974. (See sec. 660 of this
Act, ``Prohibiting Police Training'').
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Sec. 113.\71\ Integrating Women Into National Economies.--
(a) In recognition of the fact that women in developing
countries play a significant role in economic production,
family support, and the overall development process of the
national economies of such countries, this part shall be
administered so as to give particular attention to those
programs, projects, and activities which tend to integrate
women into the national economies of developing countries, thus
improving their status and assisting the total development
effort.
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\71\ 22 U.S.C. 2151k. Sec. 113, as added by sec. 2(3) of the FA Act
of 1973, was amended and restated by sec. 108 of the International
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
536). Sec. 113 formerly read as follows:
``Sec. 113. Integrating Women Into National Economies.--Part I of
this Act shall be administered so as to give particular attention to
those programs, projects, and activities which tend to integrate women
into the national economies of foreign countries, thus improving their
status and assisting the total development effort.''.
Subsecs. (b) and (c), as added by Public Law 95-88 and which
required a report from the President concerning the impact of
development programs, projects, and activities on the integration of
women into the developing economies of countries receiving assistance
under this part, were repealed by sec. 122 of the International
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366)
(such report was submitted to the Congress on August 3, 1978). This
subsec. (b), originally added as subsec. (d) by Public Law 95-424 (92
Stat. 947), was redesignated as subsec. (b) by Public Law 96-53.
The current text of subsec. (c) was added by sec. 305 of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1533).
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(b) \71\ (1) Up to $10,000,000 of the funds made available
each fiscal year under this chapter and chapter 10 of this part
\72\ shall be used, in addition to funds otherwise available
for such purposes, for assistance on such terms and conditions
as the President may determine to encourage and promote the
participation and integration of women as equal partners in the
development process in the developing countries. These funds
shall be used primarily to support activities which will
increase the economic productivity and income earning capacity
of women.
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\72\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added a new chapter 10 to part I of this Act, providing
for long-term development in sub-Saharan Africa, and made a conforming
amendment by inserting ``and chapter 10 of this part'' here.
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(2) Nothing in this section shall be construed to authorize
the establishment of a separate development assistance program
for women.
(c) \71\ 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.\73\ Limiting Use of Funds for Abortions or
Involuntary Sterilization. * * * [Repealed--1978]
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\73\ Sec. 114, as added by the FA Act of 1973, was repealed by sec.
104(b) of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 947). See sec. 104(f) of this Act for new
language concerning this issue.
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Sec. 115.\74\ Prohibiting Use of Funds for Certain
Countries. * * * [Repealed--1978]
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\74\ Sec. 115, as added by the FA Act of 1974, was repealed by sec.
102(f) of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 942).
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Sec. 116.\75\ 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,\76\ or other flagrant denial of the right to life,
liberty, and the security of person, unless such assistance
will directly benefit the needy people in such country.
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\75\ 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, 2002: sec. 534,
relating to special authorities; and sec. 537, relating to eligibility
for assistance.
\76\ This phrase beginning with ``causing the disappearance of * *
*'' was added by sec. 701(a) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156).
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(b) In determining whether this standard is being met with
regard to funds allocated under this part, the Committee on
Foreign Relations of the Senate or the Committee on Foreign
Affairs \77\ of the House of Representatives may require the
Administrator primarily responsible for administering part I of
this Act to submit in writing information demonstrating that
such assistance will directly benefit the needy people in such
country, together with a detailed explanation of the assistance
to be provided (including the dollar amounts of such
assistance) and an explanation of how such assistance will
directly benefit the needy people in such country. If either
committee or either House of Congress disagrees with the
Administrator's justification it may initiate action to
terminate assistance to any country by a concurrent resolution
under section 617 of this Act.
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\77\ Sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck out
``International Relations'' and inserted in lieu thereof ``Foreign
Affairs''. Subsequently, sec. 1(a)(5) of Public Law 104-14 (109 Stat.
186) provided that references to the Committee on Foreign Affairs of
the House of Representatives shall be treated as referring to the
Committee on International Relations of the House of Representatives.
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(b) \78\ No assistance may be provided to any government
failing to take appropriate and adequate measures, within their
means, to protect children from exploitation, abuse or forced
conscription into military or paramilitary services.
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\78\ Sec. 599D of the of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2066), added this second subsec. (b).
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(c) \79\ 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 \80\ and in consultation with the Ambassador at Large for
International Religious Freedom--\81\
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\79\ 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.''.
\80\ 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).
\81\ 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''.
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(1) the extent of cooperation of such government in
permitting an unimpeded investigation of alleged
violations of internationally recognized human rights
by appropriate international organizations, including
the International Committee of the Red Cross, or groups
or persons acting under the authority of the United
Nations or of the Organization of American States; \82\
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\82\ 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).
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(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 \82\
(3) \82\ 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) \79\ 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 \83\ of each
year, a full and complete report regarding--
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\83\ 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''.
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(1) \84\ the status of internationally recognized
human rights, within the meaning of subsection (a)--
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\84\ Paragraph (1) was amended and restated by sec. 504 of the
International Development Cooperation Act of 1979 (Public Law 96-53; 93
Stat. 378) by adding the requirement contained in clause (B). Sec. 504
also required a report from the Secretary of State by November 15,
1979, on the impact on the foreign relations of the United States of
the reports required by this Act on the human rights practices of
foreign governments.
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(A) in countries that receive assistance
under this part, and
(B) in all other foreign countries which are
members of the United Nations and which are not
otherwise the subject of a human rights report
under this Act;
(2) \85\ wherever applicable, practices regarding
coercion in population control, including coerced
abortion and involuntary sterilization;
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\85\ 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
86.
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(3) \86\ the status of child labor practices in each
country, including--
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\86\ 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).
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(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) \85\, \86\ 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) \85\ the extent to which each country has
extended protection to refugees, including the
provision of first asylum and resettlement; \87\
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\87\ 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).
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(6) \85\, \87\ the steps the Administrator
has taken to alter United States programs under this
part in any country because of human rights
considerations;
(7) \86\, \87\ 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);
(8) \87\ 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);
(9) \88\ for each country with respect to which the
report indicates that extrajudicial killings, torture,
or other serious violations of human rights have
occurred in the country, the extent to which the United
States has taken or will take action to encourage an
end to such practices in the country; and
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\88\ Sec. 665(a) of the Freedom Investment Act of 2002 (subtitle E
of title VI of the Foreign Relations Authorization Act, Fiscal Year
2002; Public Law 107-228; 116 Stat. 1406) struck out ``and'' at the end
of para. (7); replaced a period at the end of para. (8) with ``; and'';
and added a new para. (9). Sec. 665(c) of that Act further provided the
following:
``(c) Separate Report.--The information to be included in the
report required by sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 pursuant to the amendments made by subsections
(a) and (b) may be submitted by the Secretary as a separate report. If
the Secretary elects to submit such information as a separate report,
such report shall be submitted not later than 30 days after the date of
submission of the report required by section 116(d) and 502B(b) of the
Foreign Assistance Act of 1961.''.
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(10) \89\ (A) wherever applicable, a description of
the nature and extent)--
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\89\ Sec. 683(a) of the Freedom Investment Act of 2002 (subtitle E
of title VI of the Foreign Relations Authorization Act, Fiscal Year
2002; Public Law 107-228; 116 Stat. 1410) struck out ``and'' at the end
of para. (8); replaced a period at the end of para (9) with ``; and '';
and added a new para. (10).
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(i) of the compulsory recruitment and
conscription of individuals under the age of 18
by armed forces of the government of the
country, government-supported paramilitaries,
or other armed groups, and the participation of
such individuals in such groups; and
(ii) that such individuals take a direct part
in hostilities;
(B) what steps, if any, taken by the government of
the country to eliminate such practices; and
(C) such other information related to the use by such
government of individuals under the age of 18 as
soldiers, as determined to be appropriate by the
Secretary.
(e) \79\, \90\ 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,\91\ 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,\92\ as set forth in the Universal
Declaration of Human Rights, in countries eligible for
assistance under this chapter or under chapter 10 of this part,
except that funds made available under chapter 10 of this part
may only be used under this subsection with respect to
countries in sub-Saharan Africa. None of these funds may be
used, directly or indirectly, to influence the outcome of any
election in any country.
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\90\ 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.''.
\91\ 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''.
\92\ 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:
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``(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) \93\ (1) The report required by subsection (d) shall
include the following:
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\93\ 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--
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``(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.\94\ Assistance for Disadvantaged South Africans.
* * * [Repealed--1993]
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\94\ 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.
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Sec. 117.\95\ Environment and Natural Resources.--(a) The
Congress finds that if current trends in the degradation of
natural resources in developing countries continue, they will
severely undermine the best efforts to meet basic human needs,
to achieve sustained economic growth, and to prevent
international tension and conflict. The Congress also finds
that the world faces enormous, urgent, and complex problems,
with respect to natural resources, which require new forms of
cooperation between the United States and developing countries
to prevent such problems from becoming unmanageable. It is,
therefore, in the economic and security interests of the United
States to provide leadership both in thoroughly reassessing
policies relating to natural resources and the environment, and
in cooperating extensively with developing countries in order
to achieve environmentally sound development.
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\95\ 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, 2003 (division E of Public Law
108-7; 117 Stat. 185), 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''.
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(b) In order to address the serious problems described in
subsection (a), the President is authorized to furnish
assistance under this part for developing and strengthening the
capacity of developing countries to protect and manage their
environment and natural resources. Special efforts shall be
made to maintain and where possible to restore the land,
vegetation, water, wildlife, and other resources upon which
depend economic growth and human well-being, especially of the
poor.
(c)(1) The President, in implementing programs and projects
under this chapter and chapter 10 of this part,\96\ shall take
fully into account the impact of such programs and projects
upon the environment and natural resources of developing
countries. Subject to such procedures as the President
considers appropriate, the President shall require all agencies
and officials responsible for programs or projects under this
chapter--
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\96\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added a new chapter 10 to part I of this Act, providing
for long-term development in sub-Saharan Africa, and made a conforming
amendment by inserting ``and chapter 10 of this part'' here.
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(A) to prepare and take fully into account an
environmental impact statement for any program or
project under this chapter significantly affecting the
environment of the global commons outside the
jurisdiction of any country, the environment of the
United States, or other aspects of the environment
which the President may specify; and
(B) to prepare and take fully into account an
environmental assessment of any proposed program or
project under this chapter significantly affecting the
environment of any foreign country.
Such agencies and officials should, where appropriate, use
local technical resources in preparing environmental impact
statements and environmental assessments pursuant to this
subsection.
(2) The President may establish exceptions from the
requirements of this subsection for emergency conditions and
for cases in which compliance with those requirements would be
seriously detrimental to the foreign policy interests of the
United States.
Sec. 118.\97\ Tropical Forests.
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\97\ 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 95.
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(a) Importance of Forests and Tree Cover.--In enacting
section 103(b)(3) of this Act the Congress recognized the
importance of forests and tree cover to the developing
countries. The Congress is particularly concerned about the
continuing and accelerating alteration, destruction, and loss
of tropical forests in developing countries, which pose a
serious threat to development and the environment. Tropical
forest destruction and loss--
(1) result in shortages of wood, especially wood for
fuel; loss of biologically productive wetlands;
siltation of lakes, reservoirs, and irrigation systems;
floods; destruction of indigenous peoples; extinction
of plant and animal species; reduced capacity for food
production; and loss of genetic resources; and
(2) can result in desertification and destabilization
of the earth's climate.
Properly managed tropical forests provide a sustained flow of
resources essential to the economic growth of developing
countries, as well as genetic resources of value to developed
and developing countries alike.
(b) Priorities.--The concerns expressed in subsection (a)
and the recommendations of the United States Interagency Task
Force on Tropical Forests shall be given high priority by the
President--
(1) in formulating and carrying out programs and
policies with respect to developing countries,
including those relating to bilateral and multilateral
assistance and those relating to private sector
activities; and
(2) in seeking opportunities to coordinate public and
private development and investment activities which
affect forests in developing countries.
(c) Assistance to Developing Countries.--In providing
assistance to developing countries, the President shall do the
following:
(1) Place a high priority on conservation and
sustainable management of tropical forests.
(2) To the fullest extent feasible, engage in
dialogues and exchanges of information with recipient
countries--
(A) which stress the importance of conserving
and sustainably managing forest resources for
the long-term economic benefit of those
countries, as well as the irreversible losses
associated with forest destruction, and
(B) which identify and focus on policies of
those countries which directly or indirectly
contribute to deforestation.
(3) To the fullest extent feasible, support projects
and activities--
(A) which offer employment and income
alternatives to those who otherwise would cause
destruction and loss of forests, and
(B) which help developing countries identify
and implement alternatives to colonizing
forested areas.
(4) To the fullest extent feasible, support training
programs, educational efforts, and the establishment or
strengthening of institutions which increase the
capacity of developing countries to formulate forest
policies, engage in relevant land-use planning, and
otherwise improve the management of their forests.
(5) To the fullest extent feasible, help end
destructive slash-and-burn agriculture by supporting
stable and productive farming practices in areas
already cleared or degraded and on lands which
inevitably will be settled, with special emphasis on
demonstrating the feasibility of agroforestry and other
techniques which use technologies and methods suited to
the local environment and traditional agricultural
techniques and feature close consultation with and
involvement of local people.
(6) To the fullest extent feasible, help conserve
forests which have not yet been degraded, by helping to
increase production on lands already cleared or
degraded through support of reforestation, fuelwood,
and other sustainable forestry projects and practices,
making sure that local people are involved at all
stages of project design and implementation.
(7) To the fullest extent feasible, support projects
and other activities to conserve forested watersheds
and rehabilitate those which have been deforested,
making sure that local people are involved at all
stages of project design and implementation.
(8) To the fullest extent feasible, support training,
research, and other actions which lead to sustainable
and more environmentally sound practices for timber
harvesting, removal, and processing, including
reforestation, soil conservation, and other activities
to rehabilitate degraded forest lands.
(9) To the fullest extent feasible, support research
to expand knowledge of tropical forests and identify
alternatives which will prevent forest destruction,
loss, or degradation, including research in
agroforestry, sustainable management of natural
forests, small-scale farms and gardens, small-scale
animal husbandry, wider application of adopted
traditional practices, and suitable crops and crop
combinations.
(10) To the fullest extent feasible, conserve
biological diversity in forest areas by--
(A) supporting and cooperating with United
States Government agencies, other donors (both
bilateral and multilateral), and other
appropriate governmental, intergovernmental,
and nongovernmental organizations in efforts to
identify, establish, and maintain a
representative network of protected tropical
forest ecosystems on a worldwide basis;
(B) whenever appropriate, making the
establishment of protected areas a condition of
support for activities involving forest
clearance of degradation; and
(C) helping developing countries identify
tropical forest ecosystems and species in need
of protection and establish and maintain
appropriate protected areas.
(11) To the fullest extent feasible, engage in
efforts to increase the awareness of United States
Government agencies and other donors, both bilateral
and multilateral, of the immediate and long-term value
of tropical forests.
(12) To the fullest extent feasible, utilize the
resources and abilities of all relevant United States
Government agencies.
(13) Require that any program or project under this
chapter significantly affecting tropical forests
(including projects involving the planting of exotic
plant species)--
(A) be based upon careful analysis of the
alternatives available to achieve the best
sustainable use of the land, and
(B) take full account of the environmental
impacts of the proposed activities on
biological diversity,
as provided for in the environmental procedures of the
Agency for International Development.
(14) Deny assistance under this chapter for--
(A) the procurement or use of logging
equipment, unless an environmental assessment
indicates that all timber harvesting operations
involved will be conducted in an
environmentally sound manner which minimizes
forest destruction and that the proposed
activity will produce positive economic
benefits and sustainable forest management
systems; and
(B) actions which significantly degrade
national parks or similar protected areas which
contain tropical forests or introduce exotic
plants or animals into such areas.
(15) Deny assistance under this chapter for the
following activities unless an environmental assessment
indicates that the proposed activity will contribute
significantly and directly to improving the livelihood
of the rural poor and will be conducted in an
environmentally sound manner which supports sustainable
development:
(A) Activities which would result in the
conversion of forest lands to the rearing of
livestock.
(B) The construction, upgrading, or
maintenance of roads (including temporary haul
roads for logging or other extractive
industries) which pass through relatively
undegraded forest lands.
(C) The colonization of forest lands.
(D) The construction of dams or other water
control structures which flood relatively
undegraded forest lands.
(d) PVOs and Other Nongovernmental Organizations.--Whenever
feasible, the President shall accomplish the objectives of this
section through projects managed by private and voluntary
organizations or international, regional, or national
nongovernmental organizations which are active in the region or
country where the project is located.
(e) Country Analysis Requirements.--Each country
development strategy statement or other country plan prepared
by the Agency for International Development shall include an
analysis of--
(1) the actions necessary in that country to achieve
conservation and sustainable management of tropical
forests, and
(2) the extent to which the actions proposed for
support by the Agency meet the needs thus identified.
(f) \98\ Annual Report.--Each annual report required by
section 634(a) of this Act shall include a report on the
implementation of this section.
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\98\ 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.''.
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Sec. 119.\99\ Renewable and Unconventional Energy
Technologies. * * * [Repealed--1980]
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\99\ Sec. 119, as added by Public Law 95-88 (91 Stat. 528), amended
by sec. 111 of the International Development and Food Assistance Act of
1978 (92 Stat. 948), and by sec. 107 of the International Development
Cooperation Act of 1979 (93 Stat. 362), was repealed by sec. 304(g) of
the International Security and Development Cooperation Act of 1980
(Public Law 96-533; 94 Stat. 3147). See sec. 106 of this Act for text
concerning energy technologies.
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Sec. 119.\100\ Endangered Species.--(a) The Congress finds
the survival of many animal and plant species is endangered by
overhunting, by the presence of toxic chemicals in water, air
and soil, and by the destruction of habitats. The Congress
further finds that the extinction of animal and plant species
is an irreparable loss with potentially serious environmental
and economic consequences for developing and developed
countries alike. Accordingly, the preservation of animal and
plant species through the regulation of the hunting and trade
in endangered species, through limitations on the pollution of
natural ecosystems, and through the protection of wildlife
habitats should be an important objective of the United States
development assistance.
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\100\ 22 U.S.C. 2151q. Sec. 119, pars. (a) and (b) were added by
sec. 702 of the International Environment Protection Act of 1983 (title
VII of the Department of State Authorization Act, Fiscal Years 1984 and
1985, Public Law 98-164; 97 Stat. 1045).
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(b) \100\ In order to preserve biological diversity, the
President is authorized to furnish assistance under this part,
notwithstanding section 660,\101\ to assist countries in
protecting and maintaining wildlife habitats and in developing
sound wildlife management and plant conservation programs.
Special efforts should be made to establish and maintain
wildlife sanctuaries, reserves, and parks; to enact and enforce
anti-poaching measures; and to identify, study, and catalog
animal and plant species, especially in tropical environments.
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\101\ Section 533(d)(4)(A) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167; 103 Stat. 1227), added ``notwithstanding section 660'' at this
point.
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(c) \102\ Funding Level.--For fiscal year 1987, not less
than $2,500,000 of the funds available to carry out this part
(excluding funds made available to carry out section 104(c)(2),
relating to the Child Survival Fund) shall be allocated for
assistance pursuant to subsection (b) for activities which were
not funded prior to fiscal year 1987. In addition, the Agency
for International Development shall, to the fullest extent
possible, continue and increase assistance pursuant to
subsection (b) for activities for which assistance was provided
in fiscal years prior to fiscal year 1987.
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\102\ Pars. (c) through (h) were added by sec. 302 of Public Law
99-529 (100 Stat. 3017).
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(d) \102\ 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) \102\ 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) \102\ 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) \102\ 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) \102\ 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.\103\ Sahel Development Program--Planning.--(a)
The Congress reaffirms its support of \104\ the initiative of
the United States Government in undertaking consultations and
planning with the countries concerned, and with other nations
providing assistance, with the United Nations, and with other
concerned international and regional organizations, toward the
development and support of a comprehensive long-term African
Sahel development program.
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\103\ 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).
\104\ The words in the first sentence of subsec. (a), ``reaffirms
its support of'', were substituted in lieu of ``supports'' by sec.
101(7)(C) of Public Law 94-161 (89 Stat. 849).
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(b) \105\ The President is authorized to develop a long-
term comprehensive development program for the Sahel and other
drought-stricken nations in Africa.
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\105\ Subsecs. (b), (c), and (d) were added by sec. 101(7)(D) of
Public Law 94-161 (89 Stat. 849). Subsec. (d) was subsequently repealed
by sec. 502(d)(1) of the International Development and Food Assistance
Act of 1978 (Public Law 95-424; 92 Stat. 959).
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(c) \105\ 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) \105\ * * * [Repealed--1978]
Sec. 121.\106\ Sahel Development Program--Implementation. *
* * [Repealed--1990]
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\106\ Sec. 562 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2026), added a new chapter 10 to part I of this Act, providing
for long-term development in sub-Saharan Africa, and made a conforming
amendment by repealing sec. 121. Sec. 121, as added by sec. 115(3) of
the International Development and Food Assistance Act of 1977 (Public
Law 95-88; 91 Stat. 53), and amended by sec. 108 of the International
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363),
sec. 809 of the International Security and Development Cooperation Act
of 1985 (Public Law 99-83; 99 Stat. 263), International Security and
Development Assistance Authorization Act of 1983 (sec. 101(b)(2) of the
Further Continuing Appropriations, 1984, Public Law 98-151; 97 Stat.
969), sec. 308 of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535), and sec.
306 of Public Law 96-533 (94 Stat. 363), formerly read as follows:
``Sec. 121. Sahel Development Program--Implementation.--(a) The
President is authorized to furnish assistance, on such terms and
conditions as he may determine, for the long-term development of the
Sahelian region. Assistance furnished under this section shall be in
accordance with a long-term, multidonor development plan which calls
for equitable burden sharing with other donors and shall be furnished,
whenever appropriate, in cooperation with an international coordinating
mechanism.
``(b) The President shall prepare an annual report on the Sahel
Development Program concerning the allocation of the United States
contribution to the Program, the extent of the contributions from other
donor countries, the effectiveness of the integrated effort through the
Club des Amis du Sahel, and the progress made in achieving the
objectives of the program.
``(c) There are authorized to be appropriated to the President for
purposes of this section beginning in the fiscal year 1978, in addition
to funds otherwise available for such purposes, $200,000,000, except
that not to exceed $50,000,000, may be appropriated under this section
for the fiscal year 1978. In addition to the amount authorized in the
preceding sentence and to funds otherwise available for such purposes,
there are authorized to be appropriated to the President for purposes
of this section $25,000,000. In addition to the amounts authorized in
the preceding sentences and to funds otherwise available for such
purposes, there are authorized to be appropriated to the President for
purposes of this section $86,558,000 for the fiscal year 1986 and
$87,750,000 for the fiscal year 1987. Amounts appropriated under this
section are authorized to remain available until expended.
``(d) Funds available to carry out this section (including foreign
currencies acquired with funds appropriated to carry out this section)
may not be made available to any foreign government for disbursement
unless the Administrator of the Agency for International Development
determines that the foreign government will maintain a system of
accounts with respect to those funds which will provide adequate
identification of and control over the receipt and expenditure of those
funds.
``(e) Grants shall be made under this section to Sahel Development
Program host governments in order to help them enhance their
administrative capabilities to meet the administrative requirements
resulting from donor country projects and activities.''.
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Sec. 122.\107\ General Authorities.--(a) In order to carry
out the purposes of this chapter, the President is authorized
to furnish assistance, on such terms and conditions as he may
determine, to countries and areas through programs of grant and
loan assistance, bilaterally or through regional, multilateral,
or private entities.
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\107\ 22 U.S.C. 2151t. Subsec. (a) of sec. 122 was added by sec.
102(a) of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 940). Sec. 102(b) of that same Act
substantially amended subsecs. (b), (c), and (d) of sec. 201 of this
Act, consolidating them into one subsec. (b), and then moving it to
become subsec. (b) of sec. 122.
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(b) \107\ 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) \108\ Dollar receipts paid during any fiscal year from
loans made under this part or from loans made under predecessor
foreign assistance legislation shall be deposited in the
Treasury as miscellaneous receipts.
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\108\ Subsecs. (c) and (d) were added by sec. 102(c)(1) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 941).
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(d) \108\ 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) \109\ The President shall establish an interagency
Development Loan Committee, consisting of such officers from
such agencies of the United States Government as he may
determine, which shall, under the direction of the President,
establish standards and criteria for lending operations under
this chapter in accordance with the foreign and financial
policies of the United States. Except in the case of officers
serving in positions to which they were appointed by the
President by and with the advice and consent of the Senate,
officers assigned to the Committee shall be so assigned by the
President by and with the advice and consent of the Senate.
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\109\ Subsec. (e) formerly appeared in this Act as sec. 204. Such
sec. 204 was redesignated as subsec. (e) of this section by sec. 102(d)
of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 941).
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Sec. 123.\110\ 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.\111\ 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.\112\
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\110\ 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).
Sec. 502 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 180; 22 U.S.C. 2151u note), provided the following:
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``PRIVATE AND VOLUNTARY ORGANIZATIONS
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``Sec. 502. (a) 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 United States Agency for International
Development, after informing the Committees on Appropriations, may, on
a case-by-case basis, waive the restriction contained in 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.
``(b) 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.''.
\111\ 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).
\112\ The words to this point beginning with ``and to establish * *
*'' were added by sec. 307(2) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147).
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(b) In order to further the efficient use of United States
voluntary contributions for development, relief, and
rehabilitation of friendly peoples, the President is authorized
to use funds made available for the purposes of this chapter
and chapter 10 of this part \113\ 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.\114\
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\113\ 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.
\114\ This reference to the Agency for International Development
was substituted in lieu of a reference to the Advisory Committee on
Voluntary Foreign Aid by sec. 121 of the International Development
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
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(c) Reimbursement under this section may be provided for
transportation charges on shipments from United States ports,
or in the case of excess or surplus property supplied by the
United States from foreign ports, to ports of entry abroad or
to points of entry abroad in cases (1) of landlocked countries,
(2) where ports cannot be used effectively because of natural
or other disturbances, (3) where carriers to a specified
country are unavailable, or (4) where a substantial savings in
costs or time can be effected by the utilization of points of
entry other than ports.
(d) Where practicable, the President shall make
arrangements with the receiving country for free entry of such
shipments and for the making available by the country of local
currencies for the purpose of defraying the transportation
costs of such shipments from the port or point of entry of the
receiving country to the designated shipping point of the
consignee.
(e) \115\ 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 \116\ after such date, to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate a report setting forth the reasons for
such continuation.
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\115\ 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, 2003 (division E of
Public Law 108-7; 117 Stat. 195), in section 537.
\116\ Sec. 309(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), substituted
the words ``one year'' in lieu of ``thirty days''.
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(f) \117\ For each of the fiscal years 1986 through 1989
\118\ 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.\118\
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\117\ 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.''.
\118\ Sec. 309(b) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended sec.
123(f) by striking out ``1982, 1983 and 1984'' and substituting ``1986
through 1989''; by striking out ``twelve'' and by inserting in lieu
thereof ``thirteen and one half'', and by adding the current last
sentence.
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(g) \117\ * * * [Repealed--1998]
(h) \119\ The Congress recognizes that, in addition to
their role in social and economic development, cooperatives
provide an opportunity for people to participate directly in
democratic decisionmaking. Therefore, assistance under this
chapter shall be provided to rural and urban cooperatives which
offer large numbers of low- and middle-income people in
developing countries an opportunity to participate directly in
democratic decisionmaking. Such assistance shall be designed to
encourage the adoption of self-help, private sector cooperative
techniques and practices which have been successful in the
United States.
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\119\ Subsec. (h) was added by sec. 310 of Public Law 99-83 (99
Stat. 190).
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Sec. 124.\120\ Relatively Least Developed Countries.--(a)
Relatively least developed countries (as determined on the
basis of criteria comparable to those used for the United
Nations General Assembly list of ``least developed countries'')
are characterized by extreme poverty, very limited
infrastructure, and limited administrative capacity to
implement basic human needs growth strategies. In such
countries special measures may be necessary to insure the full
effectiveness of assistance furnished under this part.
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\120\ 22 U.S.C. 2151v. Sec. 124 was added by sec. 112(a)(1) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 948).
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(b) For the purpose of promoting economic growth in these
countries, the President is authorized and encouraged to make
assistance under this chapter available on a grant basis to the
maximum extent that is consistent with the attainment of United
States development objectives.
(c) \121\ (1) The Congress recognizes that the relatively
least developed countries have virtually no access to private
international capital markets. Insofar as possible, prior
assistance terms should be consistent with present grant
assistance terms for relatively least developed countries.
Therefore, notwithstanding section 620(r) of this Act and
section 321 of the International Development and Food
Assistance Act of 1975 but subject to paragraph (2) of this
subsection, the President on a case-by-case basis, taking into
account the needs of the country for financial resources and
the commitment of the country to the development objectives set
forth in sections 101 and 102--
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\121\ Sec. 112(a)(2) of the International Development and Food
Assistance Act of 1978 (92 Stat. 949) stated that the authority granted
by subsec. (c) shall not become effective until October 1, 1979.
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(A) may permit a relatively least developed country
to place amounts, which would otherwise be paid to the
United States as payments on principal or interest on
liability incurred by that country under this part (or
any predecessor legislation) into local currency
accounts (in equivalent amounts of local currencies as
determined by the official exchange rate for United
States dollars) for use by the relatively least
developed country, with the concurrence of the
Administrator of the agency primarily responsible for
administering this part, for activities which are
consistent with section 102; and
(B) may waive interest payments on liability incurred
by a relatively least developed country under this part
(or any predecessor legislation) if the President
determines that that country would be unable to use for
development purposes the equivalent amounts of local
currencies which could be made available under
subparagraph (A).
(2) The aggregate amount of interest waived and interest
and principal paid into local currency accounts under this
subsection in any fiscal year may not exceed the amount
approved for such purpose in an Act appropriating funds to
carry out this chapter for that fiscal year, which amount may
not exceed the amount authorized to be so approved by the
annual authorizing legislation for development assistance
programs. Amounts due and payable during fiscal year 1981 to
the United States from relatively least developed countries on
loans made under this part (or any predecessor legislation) are
authorized to be approved for use, in accordance with the
provisions of paragraph (1) of this subsection, in an amount
not to exceed $10,845,000.\122\
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\122\ This sentence was added by sec. 109 of the International
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363).
The authorization figure for fiscal year 1981 was substituted in lieu
of the fiscal year 1980 authorization ($18,800,000) by sec. 308 of the
International Security and Development Cooperation Act of 1980 (Public
Law 96-533; 94 Stat. 3147).
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(3) In exercising the authority granted by this subsection,
the President should act in concert with other creditor
countries.
(d) The President may on a case-by-case basis waive the
requirement of section 110(a) for financial or ``in kind''
contributions in the case of programs, projects, or activities
in relatively least developed countries.
(e) Section 110(b) shall not apply with respect to grants
to relatively least developed countries.
Sec. 125.\123\ Project and Program Evaluation.--(a) The
Administrator of the agency primarily responsible for
administering this part is directed to improve the assessment
and evaluation of the programs and projects carried out by that
agency under this chapter. The Administrator shall consult with
the appropriate committees of the Congress in establishing
standards for such evaluations.
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\123\ 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).
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(b) \124\ * * * [Repealed--1981]
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\124\ Subsec. (b), which required the President to report to
Congress on improvements to the evaluation of projects and programs
conducted by the international financial institutions and the United
Nations Development Program, was repealed by sec. 734(a)(1) of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1560). Such report was submitted on March 26,
1979.
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Sec. 126.\125\ Development and Illicit Narcotics
Production.--(a) The Congress recognizes that illicit narcotics
cultivation is related to overall development problems and that
the vast majority of all individuals employed in the
cultivation of illicit narcotics reside in the developing
countries and are among the poorest of the poor in those
countries and that therefore the ultimate success of any effort
to eliminate illicit narcotics production depends upon the
availability of alternative economic opportunities for those
individuals, upon other factors which assistance under this
chapter could address, as well as upon direct narcotics control
efforts.
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\125\ 22 U.S.C. 2151x. Sec. 126 was added by sec. 110 of the
International Development Cooperation Act of 1979 (Public Law 96-53; 93
Stat. 363).
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(b)(1) \126\ In planning programs of assistance under this
chapter, and chapter 10 of this part,\126\ and under chapter 4
of part II \126\ for countries in which there is illicit
narcotics cultivation, the agency primarily responsible for
administering this part should give priority consideration to
programs which would help reduce illicit narcotics cultivation
by stimulating broader development opportunities.
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\126\ Sec. 603 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), amended
subsec. (b) by inserting the words: ``and under chapter 4 of Part II''
and by inserting the paragraph designation ``(1)'', and by adding a new
paragraph (2).
Sec. 562 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1991 (Public Law 101-513; 104 Stat. 2026),
added a new chapter 10 to part I of this Act, providing for long-term
development in sub-Saharan Africa, and made a conforming amendment by
inserting ``, and chapter 10 of this part,''.
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(2) \126\ 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.\127\ 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 \128\ of the
House of Representatives and the Committee on Foreign Relations
of the Senate.
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\127\ 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.
\128\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 128.\129\ Targeted Assistance.--(a) The President
shall use poverty measurement standards, such as those
developed by the International Bank for Reconstruction and
Development, and other appropriate measurements in determining
target populations for United States development assistance,
and shall strengthen United States efforts to assure that a
substantial percentage of development assistance under this
chapter directly improves the lives of the poor majority, with
special emphasis on those individuals living in absolute
poverty.
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\129\ 22 U.S.C. 2151z. Sec. 128 was added by sec. 101(b)(2) of
Public Law 97-377 (96 Stat. 1832). Sec. 121(b)(2) of such Act also
required a report to Congress within six months from the Administrator
of AID on the implementation of this provision, the types of projects
determined to meet these requirements, and the effect on the overall
U.S. foreign assistance program.
Sec. 312(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) amended sec.
128 by replacing its previous text into new paragraphs ``(a)'' and
``(b).'' Previously sec. 128 read as follows:
``Sec. 128. Targeting Assistance for Those Living in Absolute
Poverty.--In carrying out this chapter, the President in fiscal year
1983, shall attempt to use not less than 40 per centum of the funds
made available to carry out this chapter to finance productive
facilities, goods, and services which will expeditiously and directly
benefit those living in absolute poverty (as determined under the
standards for absolute poverty adopted by the International Bank for
Reconstruction and Development and the International Development
Association). Such facilities, goods, and services may include, for
example, irrigation facilities, extension services, credit for small
farmers, roads, safe drinking water supplies, and health services. Such
facilities, goods, and services may not include studies, reports,
technical advice, consulting services, or any other items unless (A)
they are used primarily by those living in absolute poverty themselves,
or (B) they constitute research which produces or aims to produce
techniques, seeds, or other items to be primarily used by those living
in absolute poverty. Research shall not constitute the major part of
such facilities, goods, and services.''.
Sec. 312(b) of Public Law 99-83 (99 Stat. 190), amended sec.
634(a)(1) of this Act, requiring annual reports to Congress to include
an evaluation of the extent to which programs under chapter 1 part I
directly benefit the poor majority.
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(b) To the maximum extent possible, activities under this
chapter that attempt to increase the institutional capabilities
of private organizations or governments, or that attempt to
stimulate scientific and technological research, shall be
designed and monitored to ensure that the ultimate
beneficiaries of these activities are the poor majority.
SEC. 129.\130\ 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.
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\130\ 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, 2003 (division E of Public Law 108-7; 117
Stat. 172, 175), provided the following:
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``Department of State
``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
---------------------------------------------------------------------------
``For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $197,000,000, to remain available until
expended: Provided, That during fiscal year 2003, 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: Provided further, That of the funds
appropriated under this heading, not less than $5,000,000 shall be
apportioned directly to the Department of the Treasury, International
Affairs Technical Assistance, to be used for financial crimes and law
enforcement technical assistance programs: Provided further, That of
the funds appropriated under this heading, $10,000,000 should be made
available for the demand reduction program: Provided further, That of
the funds appropriated under this heading, $10,000,000 should be made
available for anti-trafficking in persons programs, including
trafficking prevention, protection and assistance for victims, and
prosecution of traffickers: Provided further, That of the funds
appropriated under this heading, not more than $24,180,000 may be
available for administrative expenses.
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* * * * * * *
``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), $10,800,000, to remain
available until expended, which shall be available notwithstanding any
other provision of law.''.
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(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) \131\ 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.
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\131\ 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).
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(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.\132\ ASSISTANCE FOR VICTIMS OF TORTURE.
(a) In General.--The President is authorized to provide
assistance for the rehabilitation of victims of torture.
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\132\ 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.
Sec. 2 of the Torture Victims Relief Reauthorization Act of 1999
(Public Law 106-87; 113 Stat. 1301) provided the following:
``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.''.
See also legislation relating to torture victims relief in
Legislation on Foreign Relations Through 2002, vol. I-B.
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(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.\133\ MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE.
(a) \134\ Findings and Policy.--Congress finds and declares
that--
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\133\ 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)--
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``(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.
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``(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.''.
\134\ Sec. 3(a) of Public Law 108-31 (117 Stat. 775) amended and
restated subsec. (a). It formerly read as follows:
``(a) Findings and Policy.--Congress finds and declares that--
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``(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.''.
(1) access to financial services and the development
of microenterprise are vital factors 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 facilitate access to financial
services and assist the development of microenterprise
in developing countries;
(3) access to financial services and the development
of microenterprises can be supported by programs
providing credit, savings, training, technical
assistance, business development services, and other
financial and non-financial services; and
(4) given the relatively high percentage of
populations living in rural areas of developing
countries, and the combined high incidence of poverty
in rural areas and growing income inequality between
rural and urban markets, microenterprise programs
should target both rural and urban poor.
(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 clients \135\ who
are very poor, with loans in 1995
United States dollars of--
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\135\ Sec. 3(b)(1) of Public Law 108-31 (117 Stat. 775) struck out
``entrepreneurs'' and inserted in lieu thereof ``clients''.
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(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 financial
services to poor entrepreneurs \136\
through a significant grassroots
infrastructure based on market
principles; and
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\136\ Sec. 3(b)(2)(A) of Public Law 108-31 (117 Stat. 775) struck
out ``very small loans'' and inserted in lieu thereof ``financial
services to poor entrepreneurs''.
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(ii) act as wholesale intermediaries
providing a range of services to
microenterprise \137\ retail
institutions, including financing,
technical assistance, capacity-
building, and safety and soundness
accreditation.
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\137\ Sec. 3(b)(2)(B) of Public Law 108-31 (117 Stat. 775) struck
out ``microfinance'' and inserted in lieu thereof ``microenterprise''.
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(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) \138\ adopts the widespread use of proven and
effective poverty assessment tools to successfully
identify the very poor and ensure that they receive
needed microenterprise loans, savings, and assistance.
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\138\ Sec. 3(c) of Public Law 108-31 (117 Stat. 775) amended and
restated para. (4), which formerly read as follows:
``(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).''.
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(d) \139\ Development and Certification of Poverty
Measurement Methods; Application of Methods.--
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\139\ Sec. 3(d) of Public Law 108-31 (117 Stat. 775) redesignated
subsecs. (d) and (e) as subsecs. (e) and (f), respectively, and added a
new subsec. (d).
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(1) Development and certification.--(A) The
Administrator of the United States Agency for
International Development, in consultation with
microenterprise institutions and other appropriate
organizations, shall develop no fewer than two low-cost
methods for partner institutions to use to assess the
poverty levels of their current or prospective clients.
The United States Agency for International Development
shall develop poverty indicators that correlate with
the circumstances of the very poor.
(B) The Administrator shall field-test the methods
developed under subparagraph (A). As part of the
testing, institutions and programs may use the methods
on a voluntary basis to demonstrate their ability to
reach the very poor.
(C) Not later than October 1, 2004, the Administrator
shall, from among the low-cost poverty measurement
methods developed under subparagraph (A), certify no
fewer than two such methods as approved methods for
measuring the poverty levels of current or prospective
clients of microenterprise institutions for purposes of
assistance under this section.
(2) Application.--The Administrator shall require
that, with reasonable exceptions, all organizations
applying for microenterprise assistance under this Act
use one of the certified methods, beginning no later
than October 1, 2005, to determine and report the
poverty levels of current or prospective clients.
(e) \139\ 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 and $175,000,000 for fiscal year 2003 and $200,000,000 for
fiscal year 2004,\140\ to carry out this section.
---------------------------------------------------------------------------
\140\ Sec. 3(e) of Public Law 108-31 (117 Stat. 775) added ``and
$175,000,000 for fiscal year 2003 and $200,000,000 for fiscal year
2004''.
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(f) \139\ 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.
(5) \141\ Very poor.--The term ``very poor'' means
those individuals--
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\141\ Sec. 3(f) of Public Law 108-31 (117 Stat. 775) added para.
(5). Sec. 4 of that Act required the following:
``SEC. 4. REPORT TO CONGRESS.
``(a) In General.--Not later than September 30, 2005, the
Administrator of the United States Agency for International Development
shall submit to Congress a report that documents the process of
developing and applying poverty assessment procedures with its
partners.
``(b) Reports for Fiscal Year 2006 and Beyond.--Beginning with
fiscal year 2006, the Administrator of the United States Agency for
International Development shall annually submit to Congress on a timely
basis a report that addresses the United States Agency for
International Development's compliance with the Microenterprise for
Self-Reliance Act of 2000 by documenting--
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``(1) the percentage of its resources that were allocated to
the very poor (as defined in paragraph (5) of section 131(f) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(f)(5)))
based on the data collected from its partners using the
certified methods; and
``(2) the absolute number of the very poor reached.''.
(A) living in the bottom 50 percent below the
poverty line established by the national
government of the country in which those
individuals live; or
(B) living on less than the equivalent of $1
per day.
SEC. 132.\142\ 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.
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\142\ 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).''.
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(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.\143\ PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
(a) Establishment of Programs.--
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\143\ 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).
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(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) \144\ Biennial Reports.--
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\144\ Sec. 672(a)(1) of the Freedom Investment Act of 2002
(subtitle E of title VI of the Foreign Relations Authorization Act,
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out
``Annual Report'' and inserted in lieu thereof ``Biennial Reports.''.
Subsec. (b) of that section further provided the following:
``(b) Transition.--The first biennial report under section 133(d)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)), as amended
by subsection (a), is required to be submitted not later than two years
after the date of submission of the last annual report required under
such section 133 (as in effect before the date of enactment of this
Act).''.
Previously, 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.''.
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(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 a
biennial report \145\ on--
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\145\ Sec. 672(a)(2)(A) of the Freedom Investment Act of 2002
(subtitle E of title VI of the Foreign Relations Authorization Act,
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out ``an
annual report'' and inserted in lieu thereof ``a biennial report''.
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(A) projects and activities carried out under
programs established under subsection (a) for
the preceding two-year period \146\ in priority
countries identified pursuant to subsection
(a)(3); and
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\146\ Sec. 672(a)(2)(B) of the Freedom Investment Act of 2002
(subtitle E of title VI of the Foreign Relations Authorization Act,
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out
``prior year'' and inserted in lieu thereof ``preceding two-year
period''.
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(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 preceding
two-year period \147\ in such countries.
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\147\ Sec. 672(a)(2)(C) of the Freedom Investment Act of 2002
(subtitle E of title VI of the Foreign Relations Authorization Act,
Fiscal Year 2002; Public Law 107-228; 116 Stat. 1408) struck out
``prior year'' and inserted in lieu thereof ``preceding two-year
period''.
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(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.\148\ 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--
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\148\ 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.--
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``(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 \149\
Sec. 201.\150\ General Authority. * * * [Repealed--1978]
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\149\ 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).
\150\ Secs. 201, 202, 203, 204, 207, and 208 were repealed by sec.
102(g)(1)(A) of the International Development and Food Assistance Act
of 1978 (Public Law 95-424; 92 Stat. 942). The text of sec. 204 was
subsequently reinserted as subsec. (e) of sec. 122 of this Act.
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Sec. 202.\150\ Authorization. * * * [Repealed--1978]
Sec. 203.\150\ Fiscal Provisions. * * * [Repealed--1978]
Sec. 204.\150\ Development Loan Committee. * * *
[Repealed--1978]
Sec. 205.\151\ Relating to Transfers to International
Financial Institutions. * * * [Repealed--1972]
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\151\ Sec. 205 was repealed by sec. 101(d) of the FA Act of 1971
(Public Law 92-226; 86 Stat. 21).
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Title I--Multilateral and Regional Development Programs \152\
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\152\ Sec. 102(g)(1)(C) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new
title heading.
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Sec. 206.\153\ Regional Development in Africa.--The
President is requested to seek and to take appropriate action,
in cooperation and consultation with African and other
interested nations and with international development
organizations, to further and assist in the advancement of
African regional development institutions, including the
African Development Bank, with the view toward promoting
African economic development.
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\153\ 22 U.S.C. 2166. Sec. 206 was added by sec. 102(b) of the FA
Act of 1965.
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Sec. 207.\150\ Purposes of Development Assistance. * * *
[Repealed--1978]
Sec. 208.\150\ Self-Help Criteria. * * * [Repealed--1978]
Sec. 209.\154\ Multilateral and Regional Programs.--(a) The
Congress recognizes that the planning and administration of
development assistance by, or under the sponsorship of the
United Nations, multilateral lending institutions, and other
multilateral organizations may contribute to the efficiency and
effectiveness of that assistance through participation of other
donors in the development effort, improved coordination of
policies and programs, pooling of knowledge, avoidance of
duplication of facilities and manpower, and greater
encouragement of self-help performance.
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\154\ 22 U.S.C. 2169. Sec. 209 was added by sec. 102(e) of the FA
Act of 1967. Sec. 101(c)(1) of the FA Act of 1971 (Public Law 92-226;
86 Stat. 21) amended subsection (a), which formerly read as follows:
``(a) Multilateral Programs.--The Congress recognizes that planning
and administration of development assistance by, or under the
sponsorship of, multilateral lending institutions and other
international organizations may, in some instances, contribute to the
efficiency and effectiveness of that assistance through participation
of other donors in the development effort, improved coordination of
policies and programs, pooling of knowledge, avoidance of duplication
of facilities and manpower, and greater encouragement of self-help
performance.''.
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(b) \155\ It is further the sense of the Congress (1) that
where problems or opportunities are common to two or more
countries in a region, in such fields as agriculture,
education, transportation, communications, power, watershed
development, disease control, and establishment of development
banks, these countries often can more effectively resolve such
problems and exploit such opportunities by joining together in
regional organizations or working together on regional
programs, (2) that assistance often can be utilized more
efficiently in regional programs than in separate country
programs, and (3) that to the maximum extent practicable
consistent with the purposes of this Act assistance under this
Act should be furnished so as to encourage less developed
countries to cooperate with each other in regional development
programs.
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\155\ The words ``Regional Programs.--,'' which appeared at this
point, were struck out by sec. 101(c)(3) of the FA Act of 1971 (Public
Law 92-226; 86 Stat. 21).
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(c) \156\ It is the sense of the Congress that the
President should increase, to the extent practicable, the funds
provided by the United States to multilateral lending
institutions and multilateral organizations in which the United
States participates for use by such institutions and
organizations in making loans to foreign countries.
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\156\ Subsec. (c), which was added by sec. 101(c)(2) of the FA Act
of 1971 (Public Law 92-226; 86 Stat. 21), was amended by sec. 311 of
Public Law 94-161 (89 Stat. 849). It formerly read as follows:
``Notwithstanding any other provision of law, the President should
reduce the amounts and numbers of loans made by the United States
directly to individual foreign countries with the objective of reducing
the total amount of bilateral loans made under this Act so that, by not
later than June 30, 1975, such total amount shall not exceed
$100,000,000.''.
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(d) \157\ * * * [Repealed--2000]
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\157\ 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.''.
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Sec. 211.\158\ General Authority. * * * [Repealed--1978]
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\158\ Secs. 211, 212, 215, 216, 217, 218, 220, and 220A were
repealed by sec. 102(g)(1)(A) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942).
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Sec. 212.\158\ Authorization. * * * [Repealed--1978]
Sec. 213.\159\ Atoms for Peace. * * * [Repealed--1962]
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\159\ Sec. 213 was repealed by sec. 103(c) of the FA Act of 1962
(76 Stat. 256).
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Title II--American Schools and Hospitals Abroad; Prototype Desalting
Plant \160\
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\160\ This new title heading was added by sec. 102(g)(1)(D) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 942).
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Sec. 214.\161\ American Schools and Hospitals Abroad.--(a)
The President is authorized to furnish \162\ assistance, on
such terms and conditions as he may specify, to schools and
libraries outside the United States founded or sponsored by
United States citizens and serving as study and demonstration
centers for ideas and practices of the United States.
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\161\ 22 U.S.C. 2174.
\162\ Sec. 103(b)(1) of the FA Act of 1963 substituted the word
``furnish'' for the words ``use, in addition to other funds available
for such purposes, funds made available for the purposes of sec. 211
for''.
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(b) The President is authorized,\163\ notwithstanding the
provisions of the Mutual Defense Assistance Control Act of 1951
(22 U.S.C. 1611 et seq.) \164\ to furnish \165\ 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.\166\
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\163\ Sec. 103(b)(2) of the FA Act of 1963 struck out the words
``to use'' which appeared at this point.
\164\ Superseded by the Export Administration Act of 1979.
\165\ 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''.
\166\ Sec. 103(c)(1) of the FA Act of 1966 substituted the words to
this point, beginning with ``to institutions referred to'' in lieu of
``to hospitals outside the United States founded or sponsored by United
States citizens and serving as centers for medical education and
research''.
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(c) \167\ (1) To carry out the purposes of this section,
there are authorized to be appropriated to the President
$35,000,000 for fiscal year 1986 and $35,000,000 for fiscal
year 1987.
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\167\ Sec. 4(2) of the FA Act of 1973 amended and restated subsec.
(c).
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(2) Amounts appropriated under paragraph (1) are authorized
to remain available until expended.\168\
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\168\ 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 2003--no authorization.
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(d) \169\ Notwithstanding the provisions of subsection (b),
funds appropriated under this section may be used for
assistance to centers for pediatric plastic and reconstructive
surgery established by Children's Medical Relief International,
except that assistance may not be furnished for the domestic
operations of any such center located in the United States, its
territories or possessions.
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\169\ Sec. 114(2) of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950) repealed
subsecs. (d) and (e) (which had been added by the FA Act of 1973), and
redesignated subsec. (f) (which had been added by Public Law 95-88; 91
Stat. 539) as subsec. (d).
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Sec. 215.\168\ Loans to Small Farmers. * * * [Repealed--
1978]
Sec. 216.\168\ Voluntary Agencies. * * * [Repealed--1978]
Sec. 217.\168\ Used Equipment. * * * [Repealed--1978]
Sec. 218.\168\ Fish and Other Protein Concentrates. * * *
[Repealed--1978]
Sec. 219.\170\ Prototype Desalting Plant.--(a) In
furtherance of purposes of this part and for the purpose of
improving existing, and developing and advancing new technology
and experience in the design, construction, and operation of
large-scale desalting plants of advanced concepts which will
contribute materially to low-cost desalination in all
countries, including the United States, the President, if he
determines it to be feasible, is authorized to participate in
the development of a large-scale water treatment and desalting
prototype plant and necessary appurtenances to be constructed
in Israel as an integral part of a dual-purpose power
generating and desalting project. Such participation shall
include financial, technical, and such other assistance as the
President deems appropriate to provide for the study, design,
construction, and, for a limited demonstration period of not to
exceed five years, operation and maintenance of the water
treatment and desalting facilities of the dual-purpose project.
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\170\ 22 U.S.C. 2179. Sec. 219 was added by sec. 104 of the FA Act
of 1969 (Public Law 91-175; 83 Stat. 806).
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(b) Any agreement entered into under subsection (a) of this
section shall include such terms and conditions as the
President deems appropriate to insure, among other things, that
all information, products, uses, processes, patents, and other
developments obtained or utilized in the development of this
prototype plant will be available without further cost to the
United States for the use and benefit of the United States
throughout the world, and to insure that the United States, its
officers and employees have a permanent right to review data
and have access to such plant for the purpose of observing its
operations and improving science and technology in the field of
desalination.
(c) In carrying out the provisions of this section, the
President may enter into contracts with public or private
agencies and with any person without regard to sections 3648
and 3709 of the Revised Statutes of the United States (31
U.S.C. 529 and 41 U.S.C. 5).
(d) Nothing in this section shall be construed as intending
to deprive the owner of any background patent or any right
which such owner may have under that patent.
(e) In carrying out the provisions of this section, the
President may utilize the personnel, services, and facilities
of any Federal agency.
(f) The United States costs, other than its administrative
costs, for the study, design, construction, and operation of a
prototype plant under this section shall not exceed either 50
per centum of the total capital costs of the facilities
associated with the production of water, and 50 per centum of
the operation and maintenance costs for the demonstration
period, or $20,000,000, whichever is less. There are authorized
to be appropriated, subject to the limitations of this
subsection, such sums as may be necessary to carry out the
provisions of this section, including administrative costs
thereof. Such sums are authorized to remain available until
expended.
(g) No funds appropriated for the Office of Saline Water
pursuant to the appropriation authorized by the Act of July 11,
1969 (83 Stat. 45, Public Law 91-43), or prior authorization
Acts, shall be used to carry out the purposes of this section.
Sec. 220.\168\ Programs for Peaceful Communication. * * *
[Repealed--1978]
Sec. 220A.\168\ Suez Canal. * * * [Repealed--1978]
Title III--Housing and Other Credit Guaranty Programs \171\
Sec. 221.\172\ Housing Guaranties.--The Congress recognizes
that shelter, including essential urban development services,
is \173\ 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 \174\ 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 \174\ and related services for low-income people by
demonstrating to local entrepreneurs and institutions that
providing low-cost shelter \174\ 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.\174\ Particular attention
should be given to programs which will support pilot projects
for low-cost shelter or which will have a maximum demonstration
impact on local institutions and national policy. The Congress
declares that the long run goal of all such programs should be
to develop domestic construction capabilities and to stimulate
local credit institutions to make available domestic capital
and other management and technological resources required for
effective low-cost shelter programs and policies.
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\171\ 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''.
\172\ 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).
\173\ 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.
\174\ The word ``shelter'' was inserted in lieu of the word
``housing'' by sec. 541(a) of the Foreign Assistance Appropriations
Act, 1985, as contained in the Continuing Appropriations Act, 1985
(Public Law 98-473; 98 Stat. 1903). This amendment had been included as
sec. 311(a)(2) of H.R. 5119, the International Security and Development
Cooperation Act of 1984, as passed by the House on May 10, 1984. Sec.
541(a) enacted sec. 311 of H.R. 5119.
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Sec. 222.\175\ 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.\176\ The authority of this section shall
continue through September 30, 1992.\177\ The President may
issue regulations from time to time with regard to the terms
and conditions upon which such guaranties shall be issued and
the eligibility of lenders.
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\175\ 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).
\176\ 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 2003.
Instead, the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7), waived the
requirements for authorization and title II of that Act (at 117 Stat.
164) provided the following:
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``DEVELOPMENT CREDIT PROGRAM ACCOUNT
``(including transfer of funds)
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``For the cost of direct loans and loan guarantees, as authorized
by sections 108 and 635 of the Foreign Assistance Act of 1961, funds
may be derived by transfer from funds appropriated by this Act to carry
out part I of such Act and under the heading `Assistance for Eastern
Europe and the Baltic States': Provided, That such funds when added to
the funds transferred pursuant to the authority contained under this
heading in Public Law 107-115, shall not exceed $24,500,000, which
shall be made available only for micro and small enterprise programs,
urban programs, and other programs which further the purposes of part I
of the Act: 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 United States Agency for
International Development, $7,591,000, which may be transferred to and
merged with the appropriation for Operating Expenses of the United
States Agency for International Development: Provided further, That
funds made available under this heading shall remain available until
September 30, 2007.''.
See notes at paragraph on Development Credit Program Account in the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002, this volume, for text of sec. 306 of H.R.
1486.
\177\ 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).
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(b) Activities carried out under this section shall
emphasize--
(1) projects which provide improved home sites to
poor families on which to build shelter, and related
services;
(2) projects comprised of expandable core shelter
units on serviced sites;
(3) slum upgrading projects designed to conserve and
improve existing shelter;
(4) shelter projects for low income people designed
for demonstration or institution building purposes; and
(5) community facilities and services in support of
projects authorized under this section to improve the
shelter occupied by the poor.
(c) In issuing guaranties under this section with respect
to projects in a country which require the use or conservation
of energy, the President shall give consideration to the use of
solar energy technologies, where such technologies are
economically and technically feasible. Technologies which may
be used include solar hot water systems, solar heating and
cooling, passive solar heating, biomass conversion,
photovoltaic and wind applications, and community-scale solar
thermal applications.
(k) \178\ The total principal amount of guaranties issued
under this section for each of the fiscal years 1986 and 1987
shall be comparable to the total principal amount of such
guaranties issued for fiscal year 1984, subject to the dollar
limitations on the issuance of guaranties under this section
which are contained in subsection (a) and in appropriation
Acts.
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\178\ Sec. 313(c) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat 190) added subsec.
(k). This subsection should probably be labeled ``(d)'' instead of
``(k)''.
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Sec. 222A.\179\ 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,\180\ the authority conferred by this
section should be used to establish pilot programs \181\ to
encourage private banks, credit institutions, similar private
lending organizations, cooperatives, and private nonprofit
development organizations to make loans on reasonable terms to
organized groups and individuals residing in a community for
the purpose of enabling such groups and individuals to carry
out agricultural credit and self-help community development
projects for which they are unable to obtain financial
assistance on reasonable terms. Agricultural credit and
assistance for self-help community development projects should
include, but not be limited to, material and such projects as
wells, pumps, farm machinery, improved seed, fertilizer,
pesticides, vocational training, food industry development,
nutrition projects, improved breeding stock for farm animals,
sanitation facilities, and looms and other handicraft aids.
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\179\ 22 U.S.C. 2182a. Sec. 222A was added by sec. 8(a)(2) of the
FA Act of 1974.
\180\ 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.
\181\ Previously such programs were limited to not more than six
Latin American countries (Public Law 99-53; 99 Stat. 364).
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(b) To carry out the purposes of subsection (a), the agency
primarily responsible for administering part I is authorized to
issue guaranties, on such terms and conditions as it shall
determine, to private lending institutions, cooperatives, and
private nonprofit development organizations \182\ assuring
against loss of not to exceed 50 per centum of the portfolio of
such loans made by any lender to organized groups or
individuals residing in a community to enable such groups or
individuals to carry out agricultural credit and self-help
community development projects for which they are unable to
obtain financial assistance on reasonable terms. In no event
shall the liability of the United States exceed 75 per centum
of any one loan.
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\182\ The words ``in not more than five Latin American countries'',
that previously appeared at this point, were struck out by sec. 541(a)
of the Foreign Assistance Appropriations Act, 1985, as contained in the
Continuing Appropriations Act, 1985 (Public Law 98-473; 98 Stat. 1903).
This amendment had been included as sec. 312(a)(2) of H.R. 5119, the
International Security and Development Cooperation Act of 1984, as
passed by the House on May 10, 1984. Sec. 541(a) enacted sec. 312 of
H.R. 5119.
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(c) The total face amount of guaranties issued under this
section outstanding at any one time shall not exceed
$20,000,000.\183\ Not more than 10 per centum of such sum shall
be provided for any one institution, cooperative, or
organization.
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\183\ This figure was increased from $15,000,000 by sec. 112(b)(2)
of the International Development Cooperation Act of 1979 (Public Law
96-53; 93 Stat. 364).
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(d) \184\ The Inter-American Foundation shall be consulted
in developing criteria for making loans eligible for guaranty
coverage in Latin America under this section.
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\184\ 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).
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(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.\185\
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\185\ This authority was extended from Sept. 30, 1986, to Sept. 30,
1988, by sec. 313 (d) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190). This
authority was previously extended from Sept. 30, 1983 to Sept. 30,
1986, by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985
(Public Law 98-473). This amendment had been included as sec. 312(b) of
H.R. 5119, the International Security and Development Cooperation Act
of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted
sec. 312 of H.R. 5119. Such authority had previously been extended from
Dec. 31, 1977 to Sept. 30, 1978, by Public Law 95-88 (91 Stat. 540),
from Sept. 30, 1978 to Sept. 30, 1979, by Public Law 95-424 (92 Stat.
951), from Sept. 30, 1979 to Sept. 30, 1982, by Public Law 96-53 (93
Stat. 364), and from Sept. 30, 1982 to Sept. 30, 1983, by Public Law
97-438 (96 Stat. 2286).
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(i) Notwithstanding the limitations in subsection (c) of
this section, foreign currencies owned by the United States and
determined by the Secretary of the Treasury to be excess to the
needs of the United States may be utilized to carry out the
purposes of this section, including the discharge of
liabilities under this subsection. The authority conferred by
this subsection shall be in addition to authority conferred by
any other provision of law to implement guaranty programs
utilizing excess local currency.\186\
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\186\ Subsec. (j), which previously appeared at this point and
concerned a one-time reporting requirement, was repealed by sec.
502(d)(1) of the International Development and Food Assistance Act of
1978 (Public Law 95-424; 92 Stat. 959).
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Sec. 223.\187\ General Provisions.--(a) A fee shall be
charged for each guaranty issued under section 222 or 222A
\188\ in an amount to be determined by the President. In the
event the fee to be charged for such type guaranty is reduced,
fees to be paid under existing contracts for the same type of
guaranty may be similarly reduced.
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\187\ 22 U.S.C. 2183. Sec. 223 was added by sec. 105 of the FA Act
of 1969.
\188\ Sec. 8(a)(3) of the FA Act of 1974 inserted ``section 221,
222, or 222A'' in lieu of ``section 221 or section 222''. Subsequently,
the reference to sec. 221 was struck by sec. 115 of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 951).
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(b) The amount of $50,000,000 of fees accumulated under
prior investment guaranty provisions repealed by the Foreign
Assistance Act of 1969, together with all fees collected in
connection with guaranties issued under section 222 \189\ or
under prior housing guaranty authorities,\190\ 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 \191\ 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 \189\ or
heretofore pursuant to this title or \192\ 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.\193\ 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.\194\
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\189\ 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.
\190\ 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''.
\191\ 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).
\192\ 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).
\193\ 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).
\194\ The final three sentences of subsec. (b) were added by sec.
310(b) of the International Security and Development Cooperation Act of
1981 (Public Law 97-113; 95 Stat. 1535).
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(c) Any payments made to discharge liabilities under
guaranties issued under this title or \195\ section 222 or
heretofore under prior Latin American or other housing guaranty
authorities repealed by the Foreign Assistance Act of 1969,
shall be paid first out of fees referred to in subsection (b)
(excluding amounts required for purposes other than the
discharge of liabilities under guaranties) as long as such fees
are available, and thereafter shall be paid out of funds, if
any, realized from the sale of currencies or other assets
acquired in connection with any payment made to discharge
liabilities under such guaranties as long as funds are
available, and finally out of funds hereafter made available
pursuant to subsection (e).
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\195\ The words ``under this title or'' were inserted in lieu of
``section 221 or'' by sec. 115(e) of the International Development and
Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951).
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(d) All guaranties issued under section 222 or 222A or
previously under section 240 of this Act \196\ or heretofore
under this title or \197\ under prior Latin American or other
housing guaranty authority repealed by the Foreign Assistance
Act of 1969 shall constitute obligations, in accordance with
the terms of such guaranties of the United States of America
and the full faith and credit of the United States of America
is hereby pledged for the full payment and performance of such
obligations.
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\196\ 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.
\197\ The words ``under this title or'' were added by sec.
115(f)(2) of the International Development and Food Assistance Act of
1978 (Public Law 95-424; 92 Stat. 951).
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(e)(1) \198\ There is hereby authorized to be appropriated
to the President such amounts, to remain available until
expended, as may be necessary from time to time to carry out
the purposes of this title.
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\198\ The para. designation ``(1)'' and a new para. (2) were added
by sec. 541(a) of the Foreign Assistance Appropriations Act, 1985, as
contained in the Continuing Appropriations Act, 1985 (Public Law 98-
473; 98 Stat. 1903). This amendment had been included as sec. 311(c) of
H.R. 5119, the International Security and Development Cooperation Act
of 1984, as passed by the House on May 10, 1984. Sec. 541(a) enacted
sec. 311 of H.R. 5119.
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(2) \198\ (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.\199\
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\199\ $100,000,000 was substituted in lieu of $40,000,000 by title
II of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations
for 1988, Public Law 100-202; 101 Stat. 1329).
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(B) Any such borrowing shall bear interest at a rate
determined by the Secretary of the Treasury, taking into
account the current average market yield on outstanding
marketable obligations of the United States of comparable
maturities. The Secretary of the Treasury shall make loans
under this paragraph and for such purpose may borrow on the
credit of the United States in accordance with subchapter I of
chapter 31 of title 31 of the United States Code.
(f) In the case of any loan investment guaranteed under
section 222,\199\ 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.\200\ The maximum
allowable rate of interest under this subsection shall be
prescribed by the agency as of the date the project covered by
the investment is officially authorized and, prior to the
execution of the contract, the agency may amend such rate at
its discretion, consistent with the provisions of subsection
(f).
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\200\ Language which specified that the maximum rate of interest
should not be less than one-half of 1 per centum above the then current
rate of interest applicable to housing mortgages insured by HUD, was
struck out by sec. 112(c) of the International Development Cooperation
Act of 1979 (Public Law 96-53; 93 Stat. 364).
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(g) Housing guaranties committed, authorized, or
outstanding heretofore under this title or \201\ under prior
housing guaranty authorities repealed by the Foreign Assistance
Act of 1969 shall continue subject to provisions of law
originally applicable thereto and fees collected hereafter with
respect to such guaranties shall be available for the purposes
specified in subsection (b).
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\201\ The words ``heretofore under this title or'' were added by
sec. 115(h) of the International Development and Food Assistance Act of
1978 (Public Law 95-424; 92 Stat. 951).
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(h) No payment may be made under any guaranty issued
pursuant to this title for any loss arising out of fraud or
misrepresentation for which the party seeking payment is
responsible.
(i) \202\ * * * [Repealed--1978]
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\202\ Subsec. (i), which had authorized sections 221 and 222 to
continue in force until Sept. 30, 1979, was repealed by sec. 115(i) of
the International Development and Food Assistance Act of 1978 (Public
Law 95-424; 92 Stat. 952).
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(j) \203\ Guaranties shall be issued under section 222
\189\ only for housing projects which are coordinated with and
complementary to any development assistance being furnished
under chapter 1 of this part and which \204\ 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.\205\
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\203\ Sec. 311(5)(B) of Public Law 94-161 (89 Stat. 849) added
subsection (j).
\204\ 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)''.
\205\ 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.''.
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Sec. 224.\206\ 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,\207\ the agency primarily
responsible for administering part I of this Act (hereafter in
this section referred to as the ``Agency'') is authorized to
provide guarantees to the Bank for liabilities to be incurred
by the Bank in connection with guarantees or insurance provided
under the Export-Import Bank Act of 1945 for financing for
transactions involving the export of goods and services for the
use of the private sector in Central American countries.
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\206\ 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).
\207\ For text, see Legislation on Foreign Relations Through 2000,
vol. III.
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(b)(1) Guarantees provided by the Agency pursuant to the
authority of subsection (a) shall be for short-term guarantees
and insurance extended by the Bank which shall be repayable
within a period not to exceed one year from the date of arrival
at the port of importation of the goods and services covered by
such guarantees or insurance. Guarantees or insurance extended
by the Bank and guaranteed by the Agency pursuant to subsection
(a) shall be provided by the Bank in accordance with criteria
and procedures agreed to by the Agency and the Bank. Such
agreement shall also provide for the establishment of a reserve
fund by the Agency, with such funds made available to the
reserve as the Agency deems necessary to discharge liabilities
under guarantees provided by the Agency pursuant to subsection
(a).
(2) The administrator of such agency shall transmit a copy
of such agreement to the Speaker of the House of
Representatives and to the Committee on Foreign Relations and
the Committee on Banking, Housing, and Urban Affairs of the
Senate.
(c) The Agency shall not enter into any commitments to
guarantee under subsection (a) after September 30, 1991.\208\
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\208\ Title IV of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2001), struck out ``September 30, 1990'' and inserted in lieu
thereof ``September 30, 1991''.
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(d) Of the funds authorized to be appropriated for chapter
4 of part II of this Act, there are authorized to be made
available such sums as may be deemed necessary by the Agency to
discharge liabilities under guarantees entered into under
subsection (a).
(e) Commitments to guarantee under subsection (a) are
authorized only to the extent and in the amounts provided in
appropriations Acts, except that the aggregate amount of
outstanding commitments under subsection (a) may not exceed
$300,000,000 of contingent liability for loan principal during
fiscal year 1986 and may not exceed $400,000,000 of contingent
liability for loan principal during fiscal year 1987.\209\
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\209\ Sec. 314 of the International Security and Development
Cooperation Act of 1985 substituted the text following the word
``Acts,'' in lieu of the words ``not to exceed $300,000,000 in the
fiscal year 1985.''.
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(f) To the extent that any of the funds made available
pursuant to subsection (d) are paid out for a claim arising out
of liabilities guaranteed under subsection (a), amounts
received after the date of such payment, with respect to such
claim, shall be credited to the reserve fund referred to in
subsection (b), shall be merged with the funds in such reserve,
and shall be available for the purpose of payments by the
Agency to the Bank for guarantees under subsection (a).
(g) Beginning on a date six months after the date of
enactment of this section, and at intervals of six months
thereafter, the administrator of the agency primarily
responsible for administering part I of this Act and the
President of the Export-Import Bank of the United States shall
prepare and transmit to the Speaker of the House of
Representatives and the Chairman of the Committee on Foreign
Relations of the Senate a report on the amount and extension of
credits during the preceding six-month period.
(h) The Export-Import Bank shall provide without
reimbursement such administrative and technical assistance to
the Agency as the Bank and the Agency deem appropriate to
assist the Agency in carrying out this section.
Sec. 225.\210\ Trade Credit Insurance Program for Poland.
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\210\ 22 U.S.C. 2185. Section 304 of the Support for East European
Democracy (SEED) Act of 1989 (Public Law 101-179; 103 Stat. 1312) added
sec. 225.
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(a) General Authority.--
(1) Assurance to export-import bank of repayment.--
The President is authorized to provide guarantees to
the Bank for liabilities described in paragraph (2) in
order to satisfy the requirement of section 2(b)(1)(B)
of the Export-Import Bank Act of 1945 (12 U.S.C.
635(b)(1)(B)) that the Bank have reasonable assurance
of repayment.
(2) Liabilities which may be guaranteed.--The
liabilities that may be guaranteed under paragraph (1)
are liabilities incurred by the Bank in connection with
guarantees or insurance provided under the Export-
Import Bank Act of 1945 for financing for transactions
involving the export of goods and services for the use
of the private sector in Poland.
(b) Guarantees Available Only for Short-Term Guarantees and
Insurance.--Guarantees provided under subsection (a) shall be
for short-term guarantees and insurance extended by the Bank
which shall be repayable within a period not to exceed one year
from the date of arrival at the port of importation of the
goods and services covered by such guarantees or insurance.
(c) Agreement on Criteria and Procedures.--Guarantees or
insurance extended by the Bank and guaranteed pursuant to
subsection (a) shall be provided by the Bank in accordance with
criteria and procedures agreed to by the Administrator and the
Bank.
(d) Reserve Fund.--The agreement referred to in subsection
(c) shall also provide for the establishment of a reserve fund
by the administering agency, with such funds made available to
the reserve as the Administrator deems necessary to discharge
liabilities under guarantees provided under subsection (a).
(e) Discharge of Liabilities.--
(1) Funds which may be used.--Such amounts of the
funds made available to carry out chapter 4 of part II
of this Act (relating to the economic support fund) as
the President determines are necessary may be made
available to discharge liabilities under guarantees
entered into under subsection (a).
(2) Crediting of subsequent payments.--To the extent
that any of the funds made available pursuant to
paragraph (1) are paid out for a claim arising out of
liabilities guaranteed under subsection (a), amounts
received after the date of such payment, with respect
to such claim, shall be credited to the reserve fund
established pursuant to subsection (d), shall be merged
with the funds in such reserve, and shall be available
for the purpose of payments by the Administrator to the
Bank for guarantees under subsection (a).
(f) Appropriations Action Required.--Commitments to guarantee
under subsection (a) are authorized only to the extent and in
the amounts provided in advance in appropriations Acts.
(g) Limitation on Outstanding Commitments.--The aggregate
amount of outstanding commitments under subsection (a) may not
exceed $200,000,000 of contingent liability for loan principal
during any fiscal year.
(h) Biannual Reports to Congress.--Every 6 months, the
Administrator and the President of the Bank shall prepare and
transmit to the Speaker of the House of Representatives and the
Chairman of the Committee on Foreign Relations of the Senate a
report on the amount and extension of guarantees and insurance
provided by the Bank and guaranteed under this section during
the preceding 6-month period.
(i) Administrative and Technical Assistance.--The Bank shall
provide, without reimbursement, such administrative and
technical assistance to the administering agency as the Bank
and the Administrator determine appropriate to assist the
administering agency in carrying out this section.
(j) Fees and Premiums.--The Bank is authorized to charge fees
and premiums, in connection with guarantees or insurance
guaranteed by the administering agency under subsection (a),
that are commensurate (in the judgment of the Bank) with the
Bank's administrative costs and the risks covered by the
agency's guarantees. Any amounts received by the Bank in excess
of the estimated costs incurred by the Bank in administering
such guarantees or insurance--
(1) shall be credited to the reserve fund established
pursuant to subsection (d),
(2) shall be merged with the funds in such reserve,
and
(3) shall be available for the purpose of payments by
the administering agency to the Bank for guarantees
under subsection (a).
(k) Restrictions Not Applicable.--Prohibitions on the use of
foreign assistance funds for assistance for Poland shall not
apply with respect to the funds made available to carry out
this section.
(l) Expiration of Authority.--The President may not enter
into any commitments to guarantee under subsection (a) after
September 30, 1992.
(m) Definitions.--For purposes of this section--
(1) the term ``administering agency'' means the
Agency for International Development;
(2) the term ``Administrator'' means the
Administrator of the Agency for International
Development; and
(3) the term ``Bank'' means the Export-Import Bank of
the United States.
SEC. 226.\211\ LOAN GUARANTEES TO ISRAEL PROGRAM.
(a) In General.--Subject to the terms and conditions of
this section, during the period beginning October 1, 1992, and
ending September 30, 1997, the President is authorized to issue
guarantees against losses incurred in connection with loans to
Israel made as a result of Israel's extraordinary humanitarian
effort to resettle and absorb immigrants into Israel from the
republics of the former Soviet Union, Ethiopia and other
countries. In the event that less than the full amount
authorized to be issued under subsection (b) of this section is
issued in such period, the authority to issue the balance of
such guarantees shall be available in the fiscal year ending on
September 30, 1998.
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\211\ 22 U.S.C. 2186. Added by sec. 601 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1993 (Public
Law 102-391; 106 Stat. 1699).
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(b) \212\ Fiscal Year Levels.--The President is authorized
to issue guarantees in furtherance of the purposes of this
section. Subject to subsection (d), the total principal amount
of guarantees which may be issued by the President under this
section shall be up to $10,000,000,000 which may be issued as
follows:
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\212\ In past years, the President has determined, pursuant to sec.
226(d), that amounts authorized under this section for loan guarantees
be reduced. See Presidential Determination No. 93-44 of September 30,
1993 (58 F.R. 52209); Presidential Determination No. 94-57 of September
30, 1994 (59 F.R. 52057); Presidential Determination No. 95-46 of
September 29, 1995 (60 F.R. 53087).
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(1) in fiscal year 1993, up to $2,000,000,000 may be
issued on October 1, 1992 or thereafter;
(2) subject to subsection (d), in fiscal years 1994
through 1997, up to $2,000,000,000 in each fiscal year
may be issued on October 1 or thereafter.
(3) If less than the full amount of guarantees
authorized to be made available in a fiscal year
pursuant to paragraphs (1) and (2) of this subsection
is issued to Israel during that fiscal year, the
authority to issue the balance of such guarantees shall
extend to any subsequent fiscal year ending on or
before September 30, 1998.
(4)(A) Not later than September 1 of each year during
the period in which the President is authorized to
issue loan guarantees under subsection (a), beginning
in fiscal year 1993, the President shall notify the
appropriate congressional committees in writing of his
intentions regarding the exercise of that authority for
the fiscal year beginning on October 1 of that year,
including a statement of the total principal amount of
guarantees, if any, that the President proposes to
issue for that fiscal year.
(B) For purposes of this paragraph, the term
``appropriate congressional committees'' means the
Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on Foreign Affairs
\213\ of the House of Representatives.
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\213\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(c) Use of Guarantees.--Guarantees may be issued under this
section only to support activities in the geographic areas
which were subject to the administration of the Government of
Israel before June 5, 1967.
(d) \212\ 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 \214\
Sec. 231.\215\ Creation, Purpose and Policy.--To mobilize
and facilitate the participation of United States private
capital and skills in the economic and social development \216\
of less developed countries and areas, and countries in
transition from nonmarket to market economies,\217\ thereby
complementing the development assistance objectives of the
United States, there is hereby created the Overseas Private
Investment Corporation (hereinafter called the
``Corporation''), which shall be an agency of the United States
under the policy guidance of the Secretary of State.
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\214\ 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 2002, 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 2002, vol. II, sec. E.
\215\ 22 U.S.C. 2191. Sec. 231 was added by sec. 105 of the FA Act
of 1969.
\216\ Sec. 2(1)(A) of the OPIC Amendments Act of 1974 (Public Law
93-390; 83 Stat. 809) substituted ``development'' in lieu of
``progress''.
\217\ Sec. 101 of the Jobs Through Exports Act of 1992 (Public Law
102-549; 106 Stat. 3651) struck out ``friendly countries and areas,''
and inserted in lieu thereof ``countries and areas, and countries in
transition from nonmarket to market economies,''.
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The \218\ Corporation, in determining whether to provide
insurance, financing, or reinsurance for a project, shall
especially--
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\218\ This paragraph was added by sec. 2(1) of Public Law 95-268
(92 Stat. 213).
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(1) be guided by the economic and social development
impact and benefits of such a project and the ways in
which such a project complements, or is compatible
with, other development assistance programs or projects
of the United States or other donors;
(2) give preferential consideration to investment
projects in less developed countries that have per
capita incomes of $984 or less in 1986 United States
dollars, and restrict its activities with respect to
investment projects in less developed countries that
have per capita incomes of $4,269 or more in 1986
United States dollars (other than countries designated
as beneficiary countries under section 212 of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2702),
Ireland, and Northern Ireland); and \219\
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\219\ The per capita income levels were increased from $896 and
$3,887 in 1983 U.S. dollars by sec. 102 of the OPIC Amendments Act of
1988, S. 2757, enacted into law by reference in the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1989 (Public
Law 100-461; 102 Stat. 2268). Sec. 102 also added ``(other than
countries designated as beneficiary countries under section 212 of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2702))''. Previously
the per capita income levels were increased from $680 and $2,950 in
1979 U.S. dollars to $896 and $3,887 in 1983 U.S. dollars by sec. 3 of
the OPIC Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1669), and
from $520 and $1,000 in 1975 U.S. dollars to $680 and $2,950 in 1979
U.S. dollars, respectively, by sec. 2(1) of the OPIC Amendments Act of
1981 (Public Law 97-65; 95 Stat. 1021).
Sec. 105 of the Jobs Through Trade Expansion Act of 1994 (Public
Law 103-392; 108 Stat. 4099) inserted ``, Ireland, and Northern
Ireland'' in the parentheses.
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(3) \220\ ensures that the project is consistent with
the provisions of section 117 \220\ (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 \220\ in, developing
countries, and consistent with the intent of
regulations issued pursuant to sections 118 and 119 of
this Act.
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\220\ Par. (3) was added by sec. 4(a)(1)(C) of the OPIC Amendments
Act of 1985 (Public Law 99-204; 99 Stat. 1669). The OPIC Amendments Act
of 1988, S. 2757, enacted into law by reference in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989 (Public Law 100-461; 102 Stat. 2268), made a correction to include
section 117. S. 2757 also struck out ``biological diversity'' and
inserted in lieu thereof ``tropical forests and endangered species''.
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In carrying out its purpose, the Corporation, utilizing
broad criteria, shall undertake--
(a) \221\ to conduct financing, insurance, and
reinsurance operations on a self-sustaining basis,
taking into account in its financing operations the
economic and financial soundness of projects;
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\221\ Subsec. (a) was amended by sec. 2(1)(B) of the OPIC
Amendments Act of 1974 (Public Law 93-390; 83 Stat. 809). It formerly
read as follows: ``(a) to conduct financial soundness of projects and
the availability of financing from other sources on appropriate
terms;''.
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(b) to utilize private credit and investment
institutions and the Corporation's guaranty authority
as the principal means of mobilizing capital investment
funds;
(c) to broaden private participation and revolve its
funds through selling its direct investments to private
investors whenever it can appropriately do so on
satisfactory terms;
(d) to conduct its insurance operations with due
regard to principles of risk management including \222\
efforts to share its insurance risks and reinsurance
\223\ risks;
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\222\ 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.
\223\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law
93-390) added the words ``and reinsurance''.
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(e) \224\ to the maximum degree possible consistent
with its purposes--
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\224\ Subsec. (e), as amended by Public Law 93-390, was amended and
restated by sec. 2(2) of Public Law 95-268 (92 Stat. 213). It formerly
read as follows:
``(e) to give preferential consideration in its investment
insurance, financing, and reinsurance activities (to the maximum extent
practicable consistent with the Corporation's purposes) to investment
projects involving businesses of not more than $2,500,000 net worth or
with not more than $7,500,000 in total assets;''.
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(1) to give preferential consideration in its
investment insurance, reinsurance, and guaranty
activities to investment projects sponsored by
or involving United States small business; and
(2) to increase the proportion of projects
sponsored by or significantly involving United
States small business to at least 30 percent of
all projects insured, reinsured, or guaranteed
by the Corporation;
(f) \225\ to consider in the conduct of its
operations the extent to which less developed country
governments are receptive to private enterprise,
domestic and foreign, and their willingness and ability
to maintain conditions which enable private enterprise
to make its full contribution to the development
process;
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\225\ Sec. 2(5) of Public Law 95-268 (92 Stat. 214) struck subsecs.
(f) and (l) and redesignated subsecs. (g) through (n) as (f) through
(l), respectively. Subsecs. (f) and (l) formerly read as follows:
``(f) to encourage and support only those private investments in
less developed friendly countries and areas which are sensitive and
responsive to the special needs and requirements of their economies,
and which contribute to the social and economic development of their
people;''
``(l) to the maximum extent practicable, to give preferential
consideration in the Corporation's investment insurance, financing, and
reinsurance activities to investment projects in the less developed
friendly countries which have per capita incomes of $450 or less in
1973 United States dollars; and''.
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(g) \225\ to foster private initiative and
competition and discourage monopolistic practices;
(h) \225\ to further to the greatest degree possible,
in a manner consistent with its goals, the balance-of-
payments and employment \226\ objectives of the United
States;
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\226\ Sec. 2(1)(E) of the OPIC Amendments Act of 1974 (Public Law
93-390) added the words ``and employment''.
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(i) \225\ 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; \227\
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\227\ The words ``, and to seek to support those developmental
projects having positive trade benefits for the United States'' were
added by sec. 2(2) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1021).
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(j) \225\ 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) \228\ (1) to decline to issue any contract of
insurance or reinsurance, or any guaranty, or to enter
into any agreement to provide financing for an eligible
investor's proposed investment if the Corporation
determines that such investment is likely to cause such
investor (or the sponsor of an investment project in
which such investor is involved) significantly to
reduce the number of his employees in the United States
because he is replacing his United States production
with production from such investment which involves
substantially the same product for substantially the
same market as his United States production; and (2) to
monitor conformance with the representations of the
investor on which the Corporation relied in making the
determination required by clause (1);
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\228\ This subsection was originally added as subsec. (m) by sec.
2(1)(H) of the OPIC Amendments Act of 1974 (Public Law 93-390). It was
redesignated as subsec. (k) by sec. 2(5) of Public Law 95-268; 92 Stat.
214.
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(l) \229\ to decline to issue any contract of
insurance or reinsurance, or any guaranty, or to enter
into any agreement to provide financing for an eligible
investor's proposed investment if the Corporation
determines that such investment is likely to cause a
significant reduction in the number of employees in the
United States;
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\229\ This subsection was added as subsec. (n) by sec. 2(4) of
Public Law 95-268 (92 Stat. 213), and redesignated as subsec. (l) by
sec. 2(5) of the same Act.
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(m) \230\ to refuse to insure, reinsure, or finance
any investment subject to performance requirements
which would reduce substantially the positive trade
benefits likely to accrue to the United States from the
investment; and
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\230\ Subsec. (m) was added by sec. 2(3)(C) of the OPIC Amendments
Act of 1981 (Public Law 97-65; 95 Stat. 1021).
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(n) \231\ to refuse to insure, reinsure, guarantee,
or finance any investment in connection with a project
which the Corporation determines will pose an
unreasonable or major environmental, health, or safety
hazard, or will result in the significant degradation
of national parks or similar protected areas.
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\231\ Sec. 4(a)(4) of the OPIC Amendments Act of 1985 (Public Law
99-204; 99 Stat. 1669) added subsec. (n).
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Sec. 231A.\232\ Additional Requirements.--(a) Worker
Rights.--
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\232\ 22 U.S.C. 2191a. Sec. 231A was added by sec. 5(a) of the OPIC
Amendments Act of 1985 (Public Law 99-204; 99 Stat. 1670). Sec. 5(b) of
the Act provides that sec. 231A(a) ``shall not apply to projects
insured, reinsured, guaranteed, or financed before the date of the
enactment of this Act.''.
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(1) Limitation on OPIC Activities.--The Corporation
may insure, reinsure, guarantee, or finance a project
only if the country in which the project is to be
undertaken is taking steps to adopt and implement laws
that extend internationally recognized worker rights,
as defined in section 507(4) of the Trade Act of
1974,\233\ 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: \234\
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\233\ 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''.
\234\ Sec. 102(a) of the Jobs Through Exports Act of 1992 (Public
Law 102-549; 106 Stat. 3651) added the last sentence, including the
language required in contracts, to sec. 231A(a)(1).
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``The investor agrees not to take actions to prevent
employees of the foreign enterprise from lawfully
exercising their right of association and their right
to organize and bargain collectively. The investor
further agrees to observe applicable laws relating to a
minimum age for employment of children, acceptable
conditions of work with respect to minimum wages, hours
of work, and occupational health and safety, and not to
use forced labor. The investor is not responsible under
this paragraph for the actions of a foreign
government.''
(2) Use of Annual Reports on Workers Rights.--The
Corporation shall, in making its determinations under
paragraph (1), use the reports submitted to the
Congress pursuant to section 504 of the Trade Act of
1974.\235\ The restriction set forth in paragraph (1)
shall not apply until the first such report is
submitted to the Congress.
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\235\ Sec. 1954(b)(3)(B) of Public Law 104-188 (110 Stat. 1928)
struck out ``505(c) of the Trade Act of 1974 (19 U.S.C. 2465(c))'' and
inserted in lieu thereof ``504 of the Trade Act of 1974''.
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(3) Waiver.--Paragraph (1) shall not prohibit the
Corporation from providing any insurance, reinsurance,
guaranty, or financing with respect to a country if the
President determines that such activities by the
Corporation would be in the national economic interests
of the United States. Any such determination shall be
reported in writing to the Congress, together with the
reasons for the determination.\236\
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\236\ 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).
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(4) \237\ 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) \238\ of the Trade Act of
1974.
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\237\ 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 2002, vol.
II, sec. D.
\238\ 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)''.
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(b) \239\ 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--
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\239\ 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).
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(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) \239\ Public Hearings.--(1) \240\ 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.
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\240\ 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).
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(2) \240\ 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.\241\ 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.
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\241\ 22 U.S.C. 2192. Sec. 232 was added by sec. 105 of the FA Act
of 1969.
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Sec. 233.\242\ 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.
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\242\ 22 U.S.C. 2193. Sec. 233 was added by sec. 105 of the FA Act
of 1969.
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(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,\243\ including the Chairman, with eight
Directors \244\ constituting a quorum for the transaction of
business.\245\ Eight Directors \245\, \246\ 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 \247\ 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 \248\ shall expire
in any one year. Such Directors shall serve until their
successors are appointed and qualified and may be reappointed.
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\243\ 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.
\244\ 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.
\245\ 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.
\246\ 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.
\247\ 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.
\248\ 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.
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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 \249\ an official
of the Department of Labor,\250\ 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.\251\
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\249\ 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''.
\250\ 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.
\251\ 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.''.
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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.\252\
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\252\ Sec. 4(4) of the Export Enhancement Act of 1999 (Public Law
106-158; 113 Stat. 1746) added this para.
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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) \253\ 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.
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\253\ The current rate of compensation at level IV of the Executive
Schedule is $134,000 per annum (Executive Order 13282; 68 F.R. 1133;
December 31, 2002).
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(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) \254\ 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.
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\254\ 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.--
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``(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.
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``(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.\255\ Investment Insurance and Other
Programs.\256\--The Corporation is hereby authorized to do the
following:
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\255\ 22 U.S.C. 2194. Sec. 234 was added by sec. 105 of the FA Act
of 1969.
\256\ 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''.
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(a) \257\ 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--
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\257\ 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.''.
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(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 \258\
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\258\ 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).
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(D) \259\ loss due to business interruption caused by
any of the risks set forth in subparagraphs (A), (B),
and (C).
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\259\ Sec. 6(a)(1)(D) of the OPIC Amendments Act of 1985 (Public
Law 99-204; 99 Stat. 1671) added subpar. (D)
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(2) \260\ 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.\261\
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\260\ 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.''.
\261\ 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.''.
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(3) Not more than 10 per centum of the maximum contingent
liability \262\ of investment insurance which the Corporation
is permitted to have outstanding under section 235(a)(1) \263\
shall be issued to a single investor.
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\262\ 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).
\263\ 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).
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(4) \264\ 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 \265\ 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.\266\
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\264\ 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'''.
\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.
\266\ 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).
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(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 \267\ per centum of the maximum
contingent liability of investment guaranties which the
Corporation is permitted to have outstanding under section
235(a)(2) \268\ shall be issued to a single investor.
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\267\ Sec. 7 of the OPIC Amendments Act of 1985 (Public Law 99-204;
99 Stat. 1672) changed the per centum from 10 to 15.
\268\ 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).
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(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.\269\ Loans may be
made under this subsection only for projects that are sponsored
by or significantly involve United States small business or
cooperatives.\270\
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\269\ 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.''.
\270\ This sentence was added by sec. 3(4) of Public Law 95-268 (92
Stat. 214).
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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.\271\
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\271\ 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).
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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.\272\
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\272\ 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.''.
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(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.\273\
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\273\ 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--''.
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(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.\274\ 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.\275\
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\274\ 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''.
\275\ 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.
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(f) \276\ 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.\277\
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\276\ Subsec. (f) was added by sec. 2(2)(D) of the OPIC Amendments
Act of 1974 (Public Law 93-390).
\277\ 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.''.
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(2) To enter into pooling or other risk-sharing agreements
with \278\ multinational insurance or financing agencies or
groups of such agencies.
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\278\ 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.
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(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 \279\ 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.\280\,
\281\
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\279\ 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).
\280\ 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).
\281\ 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.''.
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(g) \282\ Pilot Equity Finance Program.--
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\282\ 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).
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(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) \283\ 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 \284\ and
in marine transportation projects in countries and
areas eligible for OPIC support worldwide using United
States commercial maritime expertise.\285\
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\283\ 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''.
\284\ Should read ``Caribbean Basin Economic Recovery Act''; see
Legislation on Foreign Relations Through 2000, vol. III, sec. J.
\285\ 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.
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(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) \286\ 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.
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\286\ Sec. 6001(3) of Public Law 106-31 (113 Stat. 113) added para.
(5).
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(6) Consultations with congress.--The Corporation
shall consult annually with the Committee on Foreign
Affairs \287\ 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.
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\287\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 234A.\288\ Enhancing Private Political Risk Insurance
Industry.
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\288\ 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.--
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``(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.).
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``(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).''.
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(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.\289\ Issuing Authority, Direct Investment
Authority and Reserves.--
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\289\ 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''.
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(a) \290\ Issuing Authority.--
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\290\ 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.''.
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(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) \291\ of section 234
shall continue until September 30, 2003.\292\
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\291\ 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)''.
\292\ 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, 2003 (division E of Public Law 108-7; 117
Stat. 160), provided the following:
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``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 $39,885,000: 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.
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``PROGRAM ACCOUNT
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``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
Non-Credit 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 2003 and 2004:
Provided further, That such sums shall remain available through fiscal
year 2011 for the disbursement of direct and guaranteed loans obligated
in fiscal year 2003, and through fiscal year 2012 for the disbursement
of direct and guaranteed loans obligated in fiscal year 2004.
``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 paragraph in title II of that Act, relating to assistance
for the independent states of the former Soviet Union; sec. 513,
relating to commerce and trade; sec. 531, relating to compliance with
U.N. sanctions against Iraq; and sec. 583, relating to restricting OPIC
and Export-Import Bank activities in countries that fail to meet
requirements established to control trade in conflict diamonds.
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(b) \290\ * * * [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 \293\ 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 \293\
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.
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\293\ 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''.
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(d) Any payment made to discharge liabilities under
investment insurance or reinsurance issued under section 234
\294\ under similar predecessor guaranty authority or under
section 234A,\294\ 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.\293\
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\294\ 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).
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(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) \295\ 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.
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\295\ 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).
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Sec. 236.\296\ 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--
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\296\ 22 U.S.C. 2196. Sec. 236 was added by sec. 105 of the FA Act
of 1969.
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(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.\297\ General Provisions Relating to Insurance
Guaranty, and Financing Program.--(a) Insurance guaranties, and
reinsurance \298\ 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.\298\
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\297\ 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''.
\298\ Sec. 2(4) of the OPIC Amendments Act of 1974 (Public Law 93-
390) added the reference to reinsurance.
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(b) The Corporation shall determine that suitable
arrangements exist for protecting the interest of the
Corporation in connection with any insurance, guaranty or
reinsurance \298\ 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 \298\ 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,\298\ and guaranties issued pursuant to
this title shall constitute obligations, in accordance with the
terms of such insurance, reinsurance,\298\ 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) \299\ Fees.--
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\299\ 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).
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(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 \298\ 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.\300\
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 \301\ (3) \302\
compensation for loss due to business interruption may be
computed on a basis to be determined by the Corporation which
reflects amounts lost.
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\300\ 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).
\301\ 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.''.
\302\ Subpara. (3) as added by sec. 6(b) of the OPIC Amendments Act
of 1985 (Public Law 99-204).
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(g) No payment may be made under any guaranty, insurance or
reinsurance \298\ 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 \303\ 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.
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\303\ 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''.
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(i) Claims arising as a result of insurance, reinsurance
\304\ 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.
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\304\ Sec. 2(4)(J) of the OPIC Amendments Act of 1974 (Public Law
93-390) added the word ``, reinsurance''.
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(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) \305\ 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.
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\305\ 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''.
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(l) \306\ (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.
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\306\ Subsec. (l) was added by sec. 6 of Public Law 95-268 (92
Stat. 215); the subsec. became effective April 24, 1978.
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(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) \307\ (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--
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\307\ Subsec. (m) was added by sec. 4(b) of the OPIC Amendments Act
of 1985 (Public Law 99-204).
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(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) \308\ 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.
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\308\ Sec. 105(b) of the Jobs Through Exports Act of 1992 (Public
Law 102-549; 106 Stat. 3653) added subsec. (n).
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(o) \309\ 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.
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\309\ Sec. 105(c) of the Jobs Through Exports Act of 1992 (Public
Law 102-549; 106 Stat. 3653) added subsec. (o).
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Sec. 238.\310\ Definitions.--As used in this title--
---------------------------------------------------------------------------
\310\ 22 U.S.C. 2198. Sec. 238 was added by sec. 105 of the FA Act
of 1969.
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(a) the term ``investment'' includes any contribution
or commitment \311\ 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;
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\311\ The words ``or commitment'' were added by sec. 7 of the OPIC
Amendments Act of 1981 (Public Law 97-65; 95 Stat. 1024).
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(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,\312\
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,\313\ 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; \314\
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\312\ Reference to the District of Columbia was added by sec. 17(a)
of the OPIC Amendments Act of 1985 (Public Law 99-204).
\313\ 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.
\314\ 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).
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(d) \314\ the term ``noncredit account revolving
fund'' means the account in which funds under section
236 and all funds from noncredit activities are held;
and \315\
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\315\ So in original.
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(e) \314\ 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); \315\
(f) \314\ 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.\316\ 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.
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\316\ 22 U.S.C. 2199. Sec. 239 was added by sec. 105 of the FA Act
of 1969.
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(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.\317\, \318\
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\317\ 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.
\318\ 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.
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(c) \319\ (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.
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\319\ 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.''.
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(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; \320\ 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)); \321\ 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; \322\ and to take such actions as
may be necessary or appropriate to carry out the powers herein
or hereafter specifically conferred upon it.
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\320\ 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;''.
\321\ The words to this point beginning with ``or participation
certificates * * *'' were added by sec. 7(2) of Public Law 95-268 (92
Stat. 215).
\322\ 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).
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(e) The Inspector General \323\ of the Agency for
International Development (1) may conduct \324\ 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 \323\ 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
\323\ in connection with his responsibilities under this
subsection.
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\323\ 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).
\324\ 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).
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(f) \325\, \326\ 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,\327\ or any other East European country,\328\ or the
People's Republic of China, or Pakistan \329\ 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.
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\325\ 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.
\326\ 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).
\327\ 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.
\328\ 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''.
\329\ 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.''.
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(g) \325\, \330\ 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.
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\330\ 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)''.
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(h) \325\, \331\ 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.\332\
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\331\ Subsec. (h) was originally added as subsec. (i) by sec. 7(3)
of Public Law 95-268 (92 Stat. 215).
\332\ 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).
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(i) \325\, \333\ 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.
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\333\ Subsec. (i) was originally added as subsec. (l) by sec. 8 of
Public Law 95-268 (92 Stat. 216).
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(j) \334\ 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.
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\334\ Secs. 12 and 13 of the OPIC Amendments Act of 1985 (Public
Law 99-204; 99 Stat. 1674), added subsecs. (j) and (k), respectively.
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(k) \334\ 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.\335\ 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.
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\335\ 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.
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Sec. 240A.\336\ 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--
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\336\ 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).
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(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) \337\ (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--
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\337\ 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).
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(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) \338\ The projections required by this subsection shall
be based on an analysis of each of the projects described in
paragraph (1).
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\338\ 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).
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(3) \338\ 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) \339\ * * * [Repealed--1988]
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\339\ 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.
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(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),\340\ whether the
information was collected by the Corporation itself or
by a contractor; and
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\340\ 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)''.
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(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).\340\
(e) \341\ 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:
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\341\ 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).
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(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) \341\ 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.\342\ PROHIBITION ON NONCOMPETITIVE AWARDING OF INSURANCE
CONTRACTS ON OPIC SUPPORTED EXPORTS.
(a) Requirement for Certification.--
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\342\ 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.
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(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 \343\
Sec. 241.\344\ 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.
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\343\ 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.
\344\ 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).
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(b) Accordingly, the President is authorized to expend up
to $3,000,000 \345\ 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.
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\345\ 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.
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Title VI--Alliance for Progress \346\ * * * [Repealed--1978]
Title VII--Evaluation of Programs \347\ * * * [Repealed--1978]
Title VIII--Southeast Asia Multilateral and Regional Programs \348\ * *
* [Repealed--1978]
Title IX--Utilization of Democratic Institutions in Development \349\
Sec. 281.\350\ Utilization of Democratic Institutions in
Development.--(a) \351\ In carrying out programs authorized in
this chapter and chapter 1,\352\ 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.
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\346\ 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).
\347\ 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).
\348\ 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).
\349\ Title IX was added by sec. 106 of the FA Act of 1966.
\350\ 22 U.S.C. 2218. Sec. 281 was added by sec. 106 of the FA Act
of 1966.
\351\ Subsec. designation ``(a)'' and subsecs. (b), (c) and (d)
were added by sec. 108, of the FA Act of 1967.
\352\ 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).
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(b) \351\ In order to carry out the purposes of this title,
programs under this chapter and chapter 1 \352\ 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) \351\ In the allocation of funds for research under
this chapter and chapter 1,\352\ 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.\353\
---------------------------------------------------------------------------
\353\ The last sentence was added by sec. 106(a) of the FA Act of
1968.
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(d) \351\ 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) \354\ 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 \352\ may be used for carrying out
the objectives of this subsection.
---------------------------------------------------------------------------
\354\ Subsec. (e) was added by sec. 106(b) of the FA Act of 1968.
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Title X--Programs Relating to Population Growth \355\ * * * [Repealed--
1978]
Title XI--Food Production Targets and Reports \356\ * * * [Repealed--
1978]
Title XII--Famine Prevention and Freedom From Hunger \357\
Sec. 296.\357\ General Provisions.--(a) \358\ 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.
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\355\ 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).
\356\ 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).
\357\ 22 U.S.C. 2220a. Sec. 312 of Public Law 94-161 (89 Stat. 849)
added title XII and new sec. 296.
\358\ 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.''.
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The Congress so declares because it finds--
(A) \359\ 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; \360\
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\359\ 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;
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* * * * * * *
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``(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.''.
\360\ 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''.
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(B) \361\ 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;
---------------------------------------------------------------------------
\361\ 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;''.
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(C) \362\ 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;
---------------------------------------------------------------------------
\362\ 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;''.
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(D) \359\ that increasing and making more secure the
supply of food is of greatest benefit to the poorest
majority in the developing world;
(E) \363\ 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;
---------------------------------------------------------------------------
\363\ 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).
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(F) \363\ 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) \364\ 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; \365\
---------------------------------------------------------------------------
\364\ 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).
\365\ 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''.
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(H) \366\ 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
---------------------------------------------------------------------------
\366\ 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) \366\ 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) \367\ 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--
---------------------------------------------------------------------------
\367\ 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); \368\
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\368\ 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)''.
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(2) provide mechanisms for the universities and
public and private partners of universities \369\ to
participate and advise in the planning, development,
implementation, and administration of each component;
\369\
---------------------------------------------------------------------------
\369\ 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 \370\ in cooperative joint
efforts with--
---------------------------------------------------------------------------
\370\ 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''.
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(A) agricultural institutions in developing
nations; \371\
---------------------------------------------------------------------------
\371\ 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.
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(B) regional and international agricultural
research centers; \372\
---------------------------------------------------------------------------
\372\ 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.''.
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(C) \373\ multilateral banks and agencies
receiving United States funds;
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\373\ 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).
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(D) \373\ development agencies of other
countries; and
(E) \373\ United States Government foreign
assistance and economic cooperation programs;
(4) \374\ 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
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\374\ 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).
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(5) \374\ 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);
\375\ and other United States colleges and universities which--
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\375\ 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;''.
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(1) have demonstrable capacity in teaching, research,
and extension (including outreach) \376\ activities in
the agricultural sciences; and
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\376\ 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)''.
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(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 \377\ Agency for
International Development.\378\
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\377\ 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''.
\378\ 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).
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(f) \379\ 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.
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\379\ 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.
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(g) \380\ 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.
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\380\ Added by sec. 2(g) of the Famine Prevention and Freedom From
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430).
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(h) \381\ 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.
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\381\ 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).
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Sec. 297.\382\ 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--
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\382\ 22 U.S.C. 2220b. Sec. 297 was added by sec. 312 of Public Law
94-161 (89 Stat. 849).
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(1) \383\ to implement program components through
United States universities as authorized by paragraphs
(2) through (5) of this subsection;
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\383\ 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;''.
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(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) \384\ 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;
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\384\ 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;''.
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(4) to involve United States \385\ universities more
fully in the international network of agricultural
science, including the international agricultural \386\
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; \387\ and
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\385\ 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''.
\386\ 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''.
\387\ 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''.
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(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 \388\ in--
---------------------------------------------------------------------------
\388\ 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''.
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(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,\389\ and
related subjects will be made available
directly to agriculturalists \390\ in the
agriculturally developing nations by means of
education and demonstration; or
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\389\ 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''.
\390\ 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''.
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(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,\391\ so as to maximize the contribution to the
development of agriculture in the United States and in
agriculturally developing nations; and
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\391\ 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''.
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(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.\392\
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\392\ 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.''.
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(c) \393\ To the maximum extent practicable, activities
under this section shall--
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\393\ 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.''
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(1) be directly related to the food and agricultural
needs of developing countries;
(2) \394\ focus primarily on the needs of
agricultural producers, rural families, processors,
traders, consumers, and natural resources managers;
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\394\ 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;''.
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(3) be adapted to local circumstances;
(4) \395\ be carried out within the developing
countries and transition countries comprising newly
emerging democracies and newly liberalized economies;
and
---------------------------------------------------------------------------
\395\ 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''.
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(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.\396\
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\396\ 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).
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(e) \397\ 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.
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\397\ 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).
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Sec. 298.\398\ 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.\399\
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\398\ 22 U.S.C. 2220c. Sec. 298 was added by sec. 312 of Public Law
94-161 (89 Stat. 849).
\399\ 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''.
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(b) \400\ 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.
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\400\ 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--
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``(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; \401\
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\401\ 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;''.
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(B) having capacity in the agricultural,
environmental, and related social \402\
sciences,
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\402\ 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''.
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(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 \403\ participating in
programs under this title;
---------------------------------------------------------------------------
\403\ 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''.
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(5) reviewing and evaluating agreements and
activities authorized by this title and undertaken by
universities and public and private partners of
universities \404\ to assure compliance with the
purposes of this title;
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\404\ 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''.
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(6) \405\ recommending to the Administrator the
apportionment of funds under section 297 of this title;
\406\
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\405\ 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).
\406\ 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).
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(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 \407\
Performance and Results Act of 1993 (Public Law 103-62;
107 Stat. 285), and the amendments made by that Act;
\408\
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\407\ As enrolled. Should read ``Government''.
\408\ 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;''.
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(8) \409\ 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;
---------------------------------------------------------------------------
\409\ 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).
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(9) \409\ investigating and resolving issues
concerning implementation of this title as requested by
universities; and
(10) \409\ 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 \410\ Committee to participate in
the design \411\ and development of the collaborative
activities described in section 297; \412\ and
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\410\ 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''.
\411\ 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''.
\412\ 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''.
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(2) a Joint Operations Committee \413\ which shall
assist in and advise on the mechanisms and processes
for implementation of activities described in section
297.\414\
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\413\ 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''.
\414\ 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.''.
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(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.\415\ 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)
\416\ of this Act.
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\415\ 22 U.S.C. 2220d. Sec. 299 was added by sec. 312 of Public Law
94-161 (89 Stat. 849).
\416\ 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).
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(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.\417\
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\417\ 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).
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Sec. 300.\418\ Annual Report.--The President shall transmit
to the Congress, not later than September 1 \419\ 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.
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\418\ 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.
\419\ 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''.
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Chapter 3--International Organizations and Programs
Sec. 301.\420\ 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),\421\ on such terms
and conditions as he may determine, in order to further the
purposes of this part.
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\420\ 22 U.S.C. 2221.
\421\ 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) \422\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\422\ 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.''.
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(c) \423\ 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.
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\423\ 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.''.
Sec. 580 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 213), provided the following:
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``GAO REPORT
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``Sec. 580. Not later than November 1, 2003, the Comptroller
General of the United States shall provide a report to the Committees
on Appropriations on the extent to which the Department of State is
complying with section 301(c) of the Foreign Assistance Act of 1961,
and on the implementation of procedures that have been established to
meet the standards of the Department of State regarding compliance with
the requirements of section 301(c).''.
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(d) \424\ 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.\425\
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\424\ Subsec. (d) was added by sec. 110(a) of the FA Act of 1967.
\425\ 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).
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(e) \426\ (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
\427\ of appropriate size for the purpose of providing an
independent and continuous program of selective examinations,
review, evaluation, and audits \428\ of the programs and
activities of such organizations. Such proposal shall provide
that such groups \427\ shall be established in accordance with
such terms of reference as such governing authority may
prescribe and that the reports of such groups \427\ on each
examination, review, evaluation or audits \428\ 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.\427\
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\426\ Subsec. (e) was added by sec. 9(1) of the FA Act of 1973.
\427\ 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).
\428\ 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).
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(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 \428\ 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 \428\ 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) \429\ * * * [Repealed--1981]
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\429\ 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.
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(f) \430\ 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.
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\430\ Subsec. (f) was added by sec. 313(c) of Public Law 94-161 (89
Stat. 849).
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(g) \431\ 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.
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\431\ 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).
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(h) \432\ 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.
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\432\ 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).
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Sec. 302.\433\ 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 \434\ 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--
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\433\ 22 U.S.C. 2222.
\434\ 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); fiscal year 2003--no
authorization.
Congress did not enact an authorization for fiscal year 2003.
Instead, the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7), waived the
requirements for authorization, and title IV of that Act (at 117 Stat.
179) provided the following:
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``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, $195,150,000:
Provided, That none of the funds appropriated under this heading may be
made available to the Korean Peninsula Energy Development Organization
(KEDO) or the International Atomic Energy Agency (IAEA): Provided
further, That of the funds appropriated under this heading, not less
than $500,000 should be made available for a United States contribution
to the International Coffee Organization (ICO) if the United States
becomes a member of the ICO prior to June 1, 2003: Provided further,
That if the United States does not rejoin the International Coffee
Organization by June 1, 2003, the amount allocated under the previous
proviso should be made available for the United Nations Center for
Human Settlements (UN-HABITAT) in addition to other funds made
available for UN-HABITAT under this heading.''.
See also paragraph in title II on nonproliferation, anti-terrorism,
demining and related programs; 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 health activities; sec. 541, relating to prohibiting
payments to U.N. members; sec. 562, relating to the Korean Peninsula
Energy Development Organization; sec. 572, relating to contributions to
the U.N. Population Fund; and sec. 584, relating to trade capacity
building.
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(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.\435\
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\435\ 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.
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(2) \436\ 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.
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\436\ Par. (2) was added by sec. 313(a)(1)(C) of Public Law 94-161
(89 Stat. 849)
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(3) \437\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\437\ 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).
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(b)(1) \438\ 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.\439\ Such
amounts are authorized to remain available until expended.
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\438\ Paragraph designation ``(1)'' and par. (2) were added by sec.
108(c) of the FA Act of 1969.
\439\ 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.''
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(2) \438\ 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,\440\ and for use in the fiscal
year 1975, $14,500,000,\440\ and for use beginning in the
fiscal year 1976, $27,000,000,\441\ 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.\442\
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\440\ 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''.
\441\ 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.''.
\442\ The last sentence was added by sec. 107(b)(2) of the FA Act
of 1971.
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(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) \443\ * * * [Repealed--1978]
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\443\ 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).
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(i) \444\ 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.\445\ Amounts appropriated under this subsection are
authorized to remain available until expended.
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\444\ Subsec. (i) was added by sec. 505 of the International
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
392).
\445\ 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.''.
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(j) \446\ 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--
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\446\ Sec. 4107 of Public Law 100-690 (102 Stat. 4266) added sec.
(j).
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(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) \447\ In addition to amounts otherwise available under
this section, there is authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 \448\ to be available only for United
States contributions to the Vaccine Fund.\449\
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\447\ 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--
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``(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.''.
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\448\ Sec. 203(a)(1) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117
Stat. 711) struck out ``$50,000,000 for each of the fiscal years 2001
and 2002'' and inserted in lieu thereof ``such sums as may be necessary
for each of the fiscal years 2004 through 2008''.
\449\ Sec. 203(a)(2) of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117
Stat. 711) struck out ``Global Alliance for Vaccines and
Immunizations'' and inserted in lieu thereof ``Vaccine Fund''.
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(l) \447\ In addition to amounts otherwise available under
this section, there is authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 \450\ to be available only for United
States contributions to the International AIDS Vaccine
Initiative.
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\450\ Sec. 203(b) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat.
711) struck out ``$10,000,000 for each of the fiscal years 2001 and
2002'' and inserted in lieu thereof ``such sums as may be necessary for
each of the fiscal years 2004 through 2008''.
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(m) \451\ In addition to amounts otherwise available under
this section, there are authorized to be appropriated to the
President such sums as may be necessary for each of the fiscal
years 2004 through 2008 to be available for United States
contributions to malaria vaccine development programs,
including the Malaria Vaccine Initiative of the Program for
Appropriate Technologies in Health (PATH).
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\451\ Sec. 203(c) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25; 117 Stat.
711) added subsec. (m).
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Sec. 303.\452\ 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),\453\
whenever the President determines that such provisions cannot
be fully satisfied without seriously impeding or preventing
accomplishment of the purposes of such programs: Provided, That
compensating allowances are made in the administration of other
programs to the same or other areas to which the requirements
of said section 901(b) are applicable.
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\452\ 22 U.S.C. 2223.
\453\ For text, see Legislation on Foreign Relations Through 2002,
vol. I-B.
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Sec. 304.\454\ United Nations Peacekeeping. * * *
[Repealed--1978]
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\454\ 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).
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Sec. 305.\455\ 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.\456\
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\455\ 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.
\456\ 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).
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Sec. 306.\457\ 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.
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\457\ 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.
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Sec. 307.\458\ 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,\459\ 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,\460\ or
at the discretion of the President, Communist countries listed
in section 620(f) of this Act.\461\
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\458\ 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, 2003 (division E of Public Law 108-7; 117 Stat. 185
and 2155), 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, 2004.
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* * * * * * *
``LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
---------------------------------------------------------------------------
``Sec. 545. 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.''.
Title I, chapter 3 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 579), provided
the following:
``Sec. 1503. The President may suspend the application of any
provision of the Iraq Sanctions Act of 1990: Provided, That nothing in
this section shall affect the applicability of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484), except that such Act
shall not apply to humanitarian assistance and supplies: Provided
further, That the President may make inapplicable with respect to Iraq
section 620A of the Foreign Assistance Act of 1961 or any other
provision of law that applies to countries that have supported
terrorism: Provided further, That military equipment, as defined by
title XVI, section 1608(1)(A) of Public Law 102-484, shall not be
exported under the authority of this section: Provided further, That
section 307 of the Foreign Assistance Act of 1961 shall not apply with
respect to programs of international organizations for Iraq: Provided
further, That provisions of law that direct the United States
Government to vote against or oppose loans or other uses of funds,
including for financial or technical assistance, in international
financial institutions for Iraq shall not be construed as applying to
Iraq: Provided further, That the President shall submit a notification
5 days prior to exercising any of the authorities described in this
section to the Committee on Appropriations of each House of the
Congress, the Committee on Foreign Relations of the Senate, and the
Committee on International Relations of the House of Representatives:
Provided further, That not more than 60 days after enactment of this
Act and every 90 days thereafter the President shall submit a report to
the Committee on Appropriations of each House of the Congress, the
Committee on Foreign Relations of the Senate, and the Committee on
International Relations of the House of Representatives containing a
summary of all licenses approved for export to Iraq of any item on the
Commerce Control List contained in the Export Administration
Regulations, 15 CFR Part 774, Supplement 1, including identification of
end users of such items: Provided further, That the authorities
contained in this section shall expire on September 30, 2004, or on the
date of enactment of a subsequent Act authorizing assistance for Iraq
and that specifically amends, repeals or otherwise makes inapplicable
the authorities of this section, whichever occurs first.''.
\459\ 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.--
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``(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.''.
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\460\ 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 this
Act, and in 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 certifications, as provided for in the 1993,
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607);
until July 1, 1995, by Presidential Determination No. 95-12 of December
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60
F.R. 44725); until November 1, 1995, by Presidential Determination No.
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995,
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R.
57821); until March 31, 1996, by Presidential Determination No. 96-8 of
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61
F.R. 32629); until February 12, 1997, by Presidential Determination No.
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R.
9903).
Authority to waive certain provisions is continued in general
provisions of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7); see
secs. 534(d), 545, 548, and 552 (117 Stat. 194, 198, 199, and 200,
respectively). See also sec. 563 (117 Stat. 204), restricting aid
unless the Secretary of State certifies that certain conditions have
been met pertaining to Palestinian statehood, and sec. 566 (117 Stat.
206), prohibiting 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. 98-5; November 25, 1998; 63 F.R.
68145); through October 21, 1999 (Presidential Determination No. 99-25;
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential
Determination 00-2; October 21, 1999; 64 F.R. 58755); through October
21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65
F.R. 24852); through October 17, 2001 (Presidential Determination No.
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R.
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R.
65471); and through October 16, 2003 (Presidential Determination No.
2003-20; April 16, 2003; 68 F.R. 20327).
\461\ 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, 2003 (division E of Public Law 108-7; 117
Stat. 185), provides the following:
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``LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS
AND PROGRAMS
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``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, 2004.''.
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(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) \462\ (1) Subject to paragraph (2), the limitations
\463\ of subsection (a) shall not apply to contributions to the
International Atomic Energy Agency or the United Nations
Children's Fund (UNICEF).
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\462\ 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).
\463\ 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 2002, vol. II.
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(2) \463\ (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.
(d) \464\ (1) Notwithstanding subsection (c), if the
Secretary of State determines that programs and projects of the
International Atomic Energy Agency in Iran are inconsistent
with United States nuclear nonproliferation and safety goals,
will provide Iran with training or expertise relevant to the
development of nuclear weapons, or are being used as a cover
for the acquisition of sensitive nuclear technology, the
limitations of subsection (a) shall apply to such programs and
projects, and the Secretary of State shall so notify the
appropriate congressional committees (as defined in section 3
of the Foreign Relations Authorization Act, Fiscal Year 2003).
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\464\ Sec. 1342 of the Iran Nuclear Proliferation Prevention Act of
2002 (subtitle D of title XIII of the Foreign Relations Authorization
Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1451) added
subsec. (d).
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(2) A determination made by the Secretary of State under
paragraph (1) shall be effective for the 1-year period
beginning on the date of the determination.
Chapter 4--Supporting Assistance \465\ [Repealed--1972]
Chapter 5--Contingencies \466\
Sec. 451.\467\ Contingencies.\466\--(a) \468\ (1)
Notwithstanding any other provision of law, the President is
authorized to use \469\ 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,\470\ 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.\471\
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\465\ 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\466\ 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\467\ 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).''.
Pursuant to the authority stated in sec. 451, the Secretary of
State, on September 9, 2002, authorized, "notwithstanding any other
provision of law, the use of up to $5.0 million in FY 2002 Peacekeeping
Operations (PKO) funds made available under Chapter 6 of Part II of the
Act, in order to provide assistance authorized by Part I of the Act to
support the South African Special Protection Unit to help protect
returning opposition leaders participating in the Transitional
Government inaugurated in Burundi on November 1, 2001.'' (Department of
State Public Notice 4123; 67 F.R. 58671).
T\468\ Subsec. (a) was amended and restated by sec. 2 of the
International Security Assistance Act of 1979 (Public Law 96-92; 93
Stat. 701).
\469\ 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.
\470\ 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''.
\471\ 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.''.
Sec. 534(e) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 194) provided the following:
``Sec. 534. special authorities. * * *
``(e) Contingencies.--During fiscal year 2003, the President may
use up to $45,000,000 under the authority of section 451 of the Foreign
Assistance Act, notwithstanding the funding ceiling in section
451(a).''.
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(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) \472\ * * * [Repealed--1981]
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\472\ 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).
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(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.\473\
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\473\ 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).
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Chapter 6--Central America Democracy, Peace, and Development Initiative
\474\
Sec. 461.\474\, \475\ Statement of Policy.--(a)
The Congress finds that--
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\474\ 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).
\475\ 22 U.S.C. 2271.
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(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.\474\, \476\ Conditions on Furnishing
Assistance.--The President shall ensure that assistance
authorized by this Act and the Arms Export Control Act to
Central American countries is furnished in a manner which
fosters demonstrated progress toward and commitment to the
objectives set forth in section 461. Where necessary to achieve
this purpose, the President shall impose conditions on the
furnishing of such assistance. In carrying out this section,
the President shall consult with the Congress in regard to
progress toward the objectives set forth in section 461, and
any conditions imposed on the furnishing of assistance in
furtherance of those objectives.
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\476\ 22 U.S.C. 2272.
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Sec. 463.\474\, \477\ Peace Process in Central
America.--The Congress--
---------------------------------------------------------------------------
\477\ 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.\474\, \478\ 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.
---------------------------------------------------------------------------
\478\ 22 U.S.C. 2274.
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(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 \479\ of the House of
Representatives and the Committee on Foreign Relations of the
Senate fully and currently informed concerning the development
of this proposal.
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\479\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(2) The President shall transmit to the Committee on
Foreign Affairs \479\ 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.\474\, \480\ Authorization for Fiscal
Years 1988 and 1989.--(a) In addition to amounts otherwise
available for such purposes, there are authorized to be
appropriated to the President, for the purpose of furnishing
nonmilitary assistance for Central American countries,
$1,200,000,000 for each of the fiscal years 1988 and 1989,
which are authorized to remain available until expended.
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\480\ 22 U.S.C. 2275.
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(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.\474\, \481\ Definitions.--For the
purposes of this chapter, the term ``Central American
countries'' includes Belize, Costa Rica, El Salvador,
Guatemala, Honduras, Nicaragua, Panama, and regional programs
which benefit such countries.
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\481\ 22 U.S.C. 2276.
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Chapter 7--Debt-For-Nature Exchanges \482\
Sec. 461.\483\ Definition.--For purpose of this chapter,
the term ``debt-for-nature exchange'' means the cancellation or
redemption of the foreign debt of the government of a country
in exchange for--
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\482\ 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).
\483\ 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, 2003 (division E of Public Law 108-7; 117 Stat.
190), provided the following:
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``DEBT-FOR-DEVELOPMENT
---------------------------------------------------------------------------
``Sec. 528. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title II of this Act and any interest earned on such investment shall
be used for the purpose for which the assistance was provided to that
organization.''.
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(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); \484\ or
---------------------------------------------------------------------------
\484\ 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.\485\ 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.
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\485\ 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''.
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(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.\486\ 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:
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\486\ 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''.
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(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.\487\ 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--
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\487\ 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.\488\ 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.
---------------------------------------------------------------------------
\488\ 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.\489\ Pilot Program for Sub-Saharan Africa.--(a) The
Administrator of the Agency for International Development, in
cooperation with nongovernmental conservation organizations,
shall invite the government of each country in sub-Saharan
Africa to submit a list of those areas of severely degraded
national resources which threaten human survival and well-being
and the opportunity for future economic growth or those areas
of biological or ecological importance within the territory of
that country.
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\489\ 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 \490\
SEC. 481.\491\ POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN
POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.
(a) Policy and General Authorities.--
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\490\ 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 2002, 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).
\491\ 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 2002, 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.
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(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) \492\ International criminal activities,
particularly international narcotics trafficking, money
laundering, and corruption, endanger political and
economic stability and democratic development, and
assistance for the prevention and suppression of
international criminal activities should be a priority
for the United States.
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\492\ 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).
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(E) \492\ The international community should provide
assistance, where appropriate, to those producer and
transit countries which require assistance in
discharging these primary obligations.
(F) \492\ 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) \492\ 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,\493\ 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.
---------------------------------------------------------------------------
\493\ Sec. 4(b) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4915) inserted ``, including reciprocal
maritime agreements,''.
---------------------------------------------------------------------------
(3) \494\ 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.
---------------------------------------------------------------------------
\494\ 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) \494\ 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.\495\
---------------------------------------------------------------------------
\495\ Sec. 131(a)(2) of Public Law 104-164 (110 Stat. 1429) added
``, or for other anticrime purposes''.
---------------------------------------------------------------------------
(b) \496\ Coordination of All United States Antinarcotics
Assistance to Foreign Countries.--
---------------------------------------------------------------------------
\496\ 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.
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(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.\497\
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\497\ For text, see Legislation on Foreign Relations Through 2002,
vol. II, sec. D.
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(c) \498\ Participation in Foreign Police Actions.--
---------------------------------------------------------------------------
\498\ 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 \499\ of that country.
---------------------------------------------------------------------------
\499\ 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) \500\ Use of Herbicides for Aerial Eradication.--
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\500\ 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.''.
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(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) \501\ Annual reports.--In the annual report
required by section 489(a),\502\ 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.
---------------------------------------------------------------------------
\501\ 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.
\502\ 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)''.
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(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
\503\ of the House of Representatives and the Committee
on Foreign Relations of the Senate, together with such
recommendations as the President deems appropriate.
---------------------------------------------------------------------------
\503\ 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) \504\ Definitions.--For purposes of this chapter and
other provisions of this Act relating specifically to
international narcotics matters--
---------------------------------------------------------------------------
\504\ 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).
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(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) \505\ the term ``major illicit drug producing
country'' means a country in which--
---------------------------------------------------------------------------
\505\ 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.
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(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) \506\ the term ``United States assistance''
means--
---------------------------------------------------------------------------
\506\ 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) \507\ the term ``major drug-transit country''
means a country--
---------------------------------------------------------------------------
\507\ 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 \508\
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\508\ Sec. 1519(c) of the Housing and Community Development Act of
1992 (Public Law 102-550; 106 Stat. 4060) (1) inserted ``or'' to 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; \509\
---------------------------------------------------------------------------
\509\ 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).
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(6) \509\ 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); \510\
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\510\ 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).
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(7) \509\ 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) \509\ the term ``appropriate congressional
committees'' means the Committee on Foreign Affairs
\511\ and the Committee on Appropriations of the House
of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the
Senate.
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\511\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 482.\512\ Authorization.--(a) \513\ (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.\514\
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\512\ 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.''.
\513\ 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.''.
\514\ 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 2003--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 2003.
Instead, the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7), waived the
requirements for authorization, and title II of that Act (117 Stat.
172) provided the following:
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``Department of State
``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
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``For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $197,000,000, to remain available until
expended: Provided, That during fiscal year 2003, 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: Provided further, That of the funds
appropriated under this heading, not less than $5,000,000 shall be
apportioned directly to the Department of the Treasury, International
Affairs Technical Assistance, to be used for financial crimes and law
enforcement technical assistance programs: Provided further, That of
the funds appropriated under this heading, $10,000,000 should be made
available for the demand reduction program: Provided further, That of
the funds appropriated under this heading, $10,000,000 should be made
available for anti-trafficking in persons programs, including
trafficking prevention, protection and assistance for victims, and
prosecution of traffickers: Provided further, That of the funds
appropriated under this heading, not more than $24,180,000 may be
available for administrative expenses.
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``ANDEAN COUNTERDRUG INITIATIVE
---------------------------------------------------------------------------
``For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $700,000,000, to remain available until
expended: Provided, That in addition to the funds appropriated under
this heading and subject to the regular notification procedures of the
Committees on Appropriations, the President may make available up to an
additional $31,000,000 for the Andean Counterdrug Initiative, which may
be derived from funds appropriated under the heading `International
Narcotics Control and Law Enforcement' in this Act and in prior Acts
making appropriations for foreign operations, export financing, and
related programs: Provided further, That in fiscal year 2003, funds
available to the Department of State for assistance to the Government
of Colombia shall be available to support a unified campaign against
narcotics trafficking, against activities by organizations designated
as terrorist organizations such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN), and the United
Self-Defense Forces of Colombia (AUC), and to take actions to protect
human health and welfare in emergency circumstances, including
undertaking rescue operations: Provided further, That this authority
shall cease to be effective if the Secretary of State has credible
evidence that the Colombian Armed Forces are not conducting vigorous
operations to restore government authority and respect for human rights
in areas under the effective control of paramilitary and guerrilla
organizations: 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 any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately returned to
the United States: Provided further, That none of the funds
appropriated by this Act may be made available to support a Peruvian
air interdiction program until the Secretary of State and Director of
Central Intelligence certify to the Congress, 30 days before any
resumption of United States involvement in a Peruvian air interdiction
program, that an air interdiction program that permits the ability of
the Peruvian Air Force to shoot down aircraft will include enhanced
safeguards and procedures to prevent the occurrence of any incident
similar to the April 20, 2001 incident: Provided further, That the
Secretary of State, in consultation with the Administrator of the
United States Agency for International Development, shall provide to
the Committees on Appropriations not later than 45 days after the date
of the enactment of this Act and prior to the initial obligation of
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 of the
amount appropriated under this heading, not less than $250,000,000
shall be apportioned directly to the United States Agency for
International Development, to be used for economic and social programs:
Provided further, That of the funds appropriated under this heading and
under the heading `Foreign Military Financing Program', not less than
$5,000,000 should be made available to support a Colombian Armed Forces
unit dedicated to apprehending the leaders of paramilitary
organizations: Provided further, That of the funds made available for
assistance for Colombia under this heading, up to $3,000,000 should be
made available for commercially developed, web monitoring software, and
training on the usage thereof, for the Colombian National Police:
Provided further, That of the funds made available for assistance for
Colombia under this heading, not less than $1,500,000 should be made
available for vehicles, equipment, and other assistance for the human
rights unit of the Procurador General: Provided further, That not more
than 20 percent of the funds appropriated by this Act that are used for
the procurement of chemicals for aerial coca and poppy fumigation
programs may be made available for such programs unless the Secretary
of State, after consultation with the Administrator of the
Environmental Protection Agency (EPA), certifies to the Committees on
Appropriations that: (1) the herbicide mixture is being used in
accordance with EPA label requirements for comparable use in the United
States and any additional controls recommended by the EPA for this
program, and with the Colombian Environmental Management Plan for
aerial fumigation; (2) the herbicide mixture, in the manner it is being
used, does not pose unreasonable risks or adverse effects to humans or
the environment; (3) complaints of harm to health or licit crops caused
by such fumigation are evaluated and fair compensation is being paid
for meritorious claims; and such funds may not be made available for
such purposes unless programs are being implemented by the United
States Agency for International Development, the Government of
Colombia, or other organizations, in consultation with local
communities, to provide alternative sources of income in areas where
security permits for small-acreage growers whose illicit crops are
targeted for fumigation: 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 assistance provided with
funds appropriated under this heading that is made available
notwithstanding section 482(b) of the Foreign Assistance Act of 1961,
as amended, shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the provisions of section 3204(b) through (d) of Public Law 106-246, as
amended by Public Law 107-115, shall be applicable to funds
appropriated for fiscal year 2003: Provided further, That no United
States Armed Forces personnel or United States civilian contractor
employed by the United States will participate in any combat operation
in connection with assistance made available by this Act for Colombia:
Provided further, That of the funds appropriated under this heading,
not less than $3,500,000 shall be made available for assistance for the
Colombian National Park Service for training, equipment, and other
assistance to protect Colombia's national parks and reserves: Provided
further, That of the funds appropriated under this heading, not more
than $15,680,000 may be available for administrative expenses of the
Department of State, and not more than $4,500,000 may be available, in
addition to amounts otherwise available for such purposes, for
administrative expenses of the United States Agency for International
Development.''.
See also in that Act: under title II--Assistance for Eastern Europe
and the Baltic States (117 Stat. 168); and under title V--sec. 515--
Notification Requirements (117 Stat. 184).
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(2) Amounts appropriated under this subsection are
authorized to remain available until expended.
(b) \515\ Procurement of Weapons and Ammunition.--
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\515\ 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.
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(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) \516\ Contributions and Reimbursement.--(1) To \517\
ensure local commitment to the activities assisted under this
chapter, a country receiving assistance under this chapter
should bear an appropriate share of the costs of any narcotics
control program, project, or activity for which such assistance
is to be provided. A country may bear such costs on an ``in
kind'' basis.
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\516\ 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.
\517\ 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''.
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(2) \518\ (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.
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\518\ Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added
paras. (2) and (3).
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(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) \518\ 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) \519\ Administrative Assistance.--(1) Except as
provided in paragraph (2), personnel funded pursuant to this
section are authorized to provide administrative assistance to
personnel assigned to the bureau designated by the Secretary of
State to replace the Bureau for International Narcotics
Matters.
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\519\ Sec. 164(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 411), added
subsec. (d).
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(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) \520\ Advance Notification of Transfer of Seized
Assets.--The President shall notify the appropriate
congressional committees at least 10 days prior to any transfer
by the United States Government to a foreign country for
narcotics control purposes of any property or funds seized by
or otherwise forfeited to the United States Government in
connection with narcotics-related activity.
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\520\ Sec. 101(c) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) added
subsec. (e).
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(f) \521\ Treatment of Funds.--Funds transferred to and
consolidated with funds appropriated pursuant to this chapter
may be made available on such terms and conditions as are
applicable to funds appropriated pursuant to this chapter.
Funds so transferred or consolidated shall be apportioned
directly to the bureau within the Department of State
responsible for administering this chapter.
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\521\ Sec. 131(c) of Public Law 104-164 (110 Stat. 1429) added
secs. (f) and (g).
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(g) \521\ 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.\522\ Prohibition on Use of Foreign Assistance for
Reimbursements for Drug Crop Eradications.--Funds made
available to carry out this Act may not be used to reimburse
persons whose illicit drug crops are eradicated.
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\522\ 22 U.S.C. 2291b. Sec. 483 was added by sec. 609 of Public Law
99-83 (99 Stat. 230).
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SEC. 484.\523\ REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT.
(a) Retention of Title to Aircraft.--
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\523\ 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.
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(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) \524\ Permissible Uses of Aircraft and Other
Equipment.--The President shall take all reasonable steps to
ensure that aircraft and other equipment made available to
foreign countries under this chapter are used only in ways that
are consistent with the purposes for which such equipment was
made available.
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\524\ 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).
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(c) \525\ Reports.--In the reports submitted pursuant to
section 489(a),\526\ the President shall discuss--
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\525\ 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).
\526\ 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)''.
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(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.\527\ Records of Aircraft Use.--(a) Requirement To
Maintain Records.--The President \528\ shall maintain detailed
records on the use of any aircraft made available to a foreign
country under this chapter, including aircraft made available
before the enactment of this section.
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\527\ 22 U.S.C. 2291d. Sec. 485 was added by sec. 2003 of Public
Law 99-570 (100 Stat. 3207-61).
\528\ 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''.
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(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 \529\ of the House of
Representatives or the Chairman of the Committee on Foreign
Relations of the Senate.
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\529\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 486.\530\ Reallocation of Funds Withheld from
Countries Which Fail to Take Adequate Steps to Halt Illicit
Drug Production or Trafficking.
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\530\ 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.''.
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(a) \531\ If any funds authorized to be appropriated for
any fiscal year for assistance under this Act \532\ are not
used for assistance for the country for which those funds were
allocated because of the requirements of section 490 \533\ or
any other provision of law requiring the withholding of
assistance for countries that have not taken adequate steps to
halt illicit drug production or trafficking, the President
shall use those funds for additional assistance for those
countries which have met their illicit drug eradication targets
or have otherwise taken significant steps to halt illicit drug
production or trafficking, as follows:
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\531\ 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.--''.
\532\ 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''.
\533\ 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''.
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(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 \534\ 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 \535\ assistance
for those countries.
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\534\ 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''.
\535\ 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.
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Sec. 487.\536\ Prohibition on Assistance to Drug
Traffickers.
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\536\ 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).
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(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 \537\ narcotic or
psychotropic drugs or other controlled substances;
\538\ or
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\537\ Sec. 101(e) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) inserted
``to'' after ``relating''.
\538\ 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.
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(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) \539\ Regulations.--The President shall issue
regulations specifying the steps to be taken in carrying out
this section.
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\539\ 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).
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(c) Congressional Review of Regulations.--Regulations
issued pursuant to subsection (b) shall be submitted to the
Congress before they take effect.
SEC. 488.\540\ LIMITATIONS ON ACQUISITION OF REAL PROPERTY AND
CONSTRUCTION OF FACILITIES.
(a) Acquisition of Real Property.--
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\540\ 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. Sec. 671(3) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116
Stat. 1407), struck out subsec. (a)(3), which had required the
Secretary of State to report to Congress at the end of each quarter on
all leases entered into pursuant to para. (2).
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(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.
(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.\541\ REPORTING REQUIREMENTS.
(a) International Narcotics Control Strategy Report.--Not
later than March 1 \542\ of each year, the President shall
transmit to the Speaker of the House of Representatives, and to
the Committee on Foreign Relations of the Senate, a report
containing the following:
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\541\ 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.''.
\542\ 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''.
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(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) \543\ The identity of those countries which are--
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\543\ Sec. 101(f)(1)(B)(ii) of the International Narcotics Control
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) 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;''.
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(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.
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\544\ 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''.
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SEC. 489A.\544\ * * * [Repealed--1995]
SEC. 490.\545\ ANNUAL CERTIFICATION PROCEDURES.
(a) Withholding of Bilateral Assistance and Opposition to
Multilateral Development Assistance.--
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\545\ 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.''.
Sec. 706 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 116 Stat. 1424; 22 U.S.C. 2291j-1), provided
the following:
``SEC. 706. INTERNATIONAL DRUG CONTROL CERTIFICATION PROCEDURES.
---------------------------------------------------------------------------
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``During any fiscal year, funds that would otherwise be withheld
from obligation or expenditure under section 490 of the Foreign
Assistance Act of 1961 may be obligated or expended beginning October 1
of such fiscal year provided that:
---------------------------------------------------------------------------
``(1) Report.--Not later than September 15 of the previous
fiscal year the President has submitted to the appropriate
congressional committees a report identifying each country
determined by the President to be a major drug transit country
or major illicit drug producing country as defined in section
481(e) of the Foreign Assistance Act of 1961.
``(2) Designation and justification.--In each report under
paragraph (1), the President shall also--
``(A) designate each country, if any, identified in
such report that has failed demonstrably, during the
previous 12 months, to make substantial efforts--
``(i) to adhere to its obligations under
international counternarcotics agreements; and
``(ii) to take the counternarcotics measures set
forth in section 489(a)(1) of the Foreign Assistance
Act of 1961; and
``(B) include a justification for each country so
designated.
``(3) Limitation on assistance for designated countries.--In
the case of a country identified in a report under paragraph
(1) that is also designated under paragraph (2) in the report,
United States assistance may be provided to such country in the
subsequent fiscal year only if the President determines and
reports to the appropriate congressional committees that--
``(A) provision of such assistance to the country in
such fiscal year is vital to the national interests of
the United States; or
``(B) subsequent to the designation being made under
paragraph (2)(A), the country has made substantial
efforts--
``(i) to adhere to its obligations under
international counternarcotics agreements; and
``(ii) to take the counternarcotics measures set
forth in section 489(a)(1) of the Foreign Assistance
Act of 1961.
``(4) International counternarcotics agreement defined.--In
this section, the term ``international counternarcotics
agreement'' means--
``(A) the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances;
or
``(B) any bilateral or multilateral agreement in
force between the United States and another country or
countries that addresses issues relating to the control
of illicit drugs, such as--
``(i) the production, distribution, and
interdiction of illicit drugs;
``(ii) demand reduction;
``(iii) the activities of criminal organizations;
``(iv) international legal cooperation among
courts, prosecutors, and law enforcement agencies
(including the exchange of information and evidence);
``(v) the extradition of nationals and individuals
involved in drug-related criminal activity;
``(vi) the temporary transfer for prosecution of
nationals and individuals involved in drug-related
criminal activity;
``(vii) border security;
``(viii) money laundering;
``(ix) illicit firearms trafficking;
``(x) corruption;
``(xi) control of precursor chemicals;
``(xii) asset forfeiture; and
``(xiii) related training and technical assistance,
and includes, where appropriate, timetables and objective and
measurable standards to assess the progress made by
participating countries with respect to such issues.
``(5) Application.--(A) Section 490 (a) through (h) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)-(h)) shall
not apply during any fiscal year with respect to any country
identified in the report required by paragraph (1) of this
section.
``(B) Notwithstanding paragraphs (1) through (5)(A) of this
section, the President may apply the procedures set forth in
section 490 (a) through (h) of the Foreign Assistance Act of
1961 during any fiscal year with respect to any country
determined to be a major drug transit country or major illicit
drug producing country as defined in section 481(e) of the
Foreign Assistance Act of 1961.
``(6) Statutory construction.--Nothing in this section
supersedes or modifies the requirement in section 489(a) of the
Foreign Assistance Act of 1961 (with respect to the
International Narcotics Control Strategy Report) for the
transmittal of a report not later than March 1, each fiscal
year under that section.
``(7) Transition rule.--For funds obligated or expended under
this section in fiscal year 2003, the date for submission of
the report required by paragraph (1) of this section shall be
at least 15 days before funds are obligated or expended.
``(8) Effective date.--This section shall take effect upon
the date of enactment of this Act into law and shall remain in
effect thereafter unless Congress enacts subsequent legislation
repealing such section.''.
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Pursuant to sec. 706, the President submitted the following
determination on January 30, 2003 (Presidential Determination No. 2003-
14; 68 F.R. 5787):
``Pursuant to section 706(1) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228) (FRAA), which was enacted on
September 30, 2002, I hereby identify the following countries as major
drug transit or major illicit drug producing countries: Afghanistan,
The Bahamas, Bolivia, Brazil, Burma, China, Colombia, Dominican
Republic, Ecuador, Guatemala, Haiti, India, Jamaica, Laos, Mexico,
Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and
Vietnam.
``The Majors List applies by its terms to countries. The United
States Government interprets the term broadly to include entities that
exercise autonomy over actions or omissions that could lead to a
decision to place them on the list and, subsequently, to determine
their eligibility for certification. A country's presence on the Majors
List is not necessarily an adverse reflection of its government's
counternarcotics efforts or level of cooperation with the United
States. Consistent with the statutory definition of a major drug
transit or drug producing country set forth in section 481(e)(5) of the
Foreign Assistance Act of 1961, as amended (FAA), one of the reasons
that major drug transit or drug producing countries are placed on the
list is the combination of geographical, commercial, and economic
factors that allow drugs to transit or be produced despite the
concerned government's most assiduous enforcement measures.
``Pursuant to section 706(2)(A) of the FRAA, I hereby designated
Burma, Guatemala, and Haiti as countries that have failed demonstrably
during the previous 12 months to adhere to their obligations under
international counternarcotics agreements and take the measures set
forth in section 489(a)(1) of the FAA. Attached to this memorandum are
justifications for each of the countries so designated, as required by
section 706(2)(B).
``I have also determined, in accordance with provisions of section
706(3)(A) of the FRAA, that provision of United States assistance to
Guatemala and Haiti in FY 2003 is vital to the national interests of
the United States.
``Additionally, the alarming increase in the quantity of illegal
synthetic drugs entering to the United States, especially ecstasy from
Europe, is of particular concern. A significant amount of the ecstasy
consumed in the United States is manufactured clandestinely in The
Netherlands (in 2001, a total of 9.5 million ecstasy tablets were
seized in the United States, and the Drug Enforcement Administration
believes that the majority of tablets originated in The Netherlands).
We are working closely with Dutch authorities to stop the production
and export of ecstasy, which we both regards as a serious threat to our
citizens. We expect Dutch authorities to move effectively and
measurably in the coming year against the production and export of this
drug, including dismantling labs and proceeding against trafficking
organizations. Early in the year, we plan to discuss specific steps we
can take together to reduce drug trafficking.
``Although the United States enjoys an excellent level of bilateral
cooperation with Canada, the United States Government is concerned that
Canada is a primary source of pseudoephedrine and an increasing source
of high potency marijuana, which are exported to the United States.
Over the past few years there has been an alarming increase in the
amount of pseudoephedrine diverted from Canadian sources to clandestine
drug laboratories in the United States, where it is used to make
methamphetamine. The Government of Canada, for the most part, has not
regulated the sale and distribution of precursor chemicals. The
regulations to restrict the availability of pseudoephedrine, which the
Government of Canada has just promulgated, should be stronger.
Notwithstanding Canada's inadequate control of illicit diversion of
precursor chemicals, I commend Canada's law enforcement agencies, which
continue to work energetically to support our joint law enforcement
efforts.''.
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(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 \546\ shall be withheld from obligation and
expenditure, except as provided in subsection (b). This
paragraph shall not apply with respect to a country if
the President determines that its application to that
country would be contrary to the national interest of
the United States, except that any such determination
shall not take effect until at least 15 days after the
President submits written notification of that
determination to the appropriate congressional
committees in accordance with the procedures applicable
to reprogramming notifications under section 634A.
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\546\ 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''.
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(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 \547\ of each year, against any
loan or other utilization of the funds of their
respective institution to or for any major illicit drug
producing country or major drug-transit country (as
determined under subsection (h)), except as provided in
subsection (b). For purposes of this paragraph, the
term ``multilateral development bank'' means the
International Bank for Reconstruction and Development,
the International Development Association, the Inter-
American Development Bank, the Asian Development Bank,
the African Development Bank, and the European Bank for
Reconstruction and Development.
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\547\ 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''.
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(b) Certification Procedures.--
(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) 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) 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) 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.\548\
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\548\ 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.''.
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(d) Congressional Review.--Subsection (e) shall apply if,
within 30 \549\ calendar days after receipt of a certification
submitted under subsection (b) at the time of submission of the
report required by section 489(a), the Congress enacts a joint
resolution disapproving the determination of the President
contained in such certification.
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\549\ 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''.
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(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) \550\ Senate Procedures.--Any joint resolution under this
section shall be considered in the Senate in accordance with
the provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
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\550\ 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.''.
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(h) \551\ Determining Major Drug-Transit and Major Illicit
Drug Producing Countries.--Not later than November 1 \551\ of
each year, the President shall notify the appropriate
committees of the Congress of which countries have been
determined to be major drug-transit countries, and which
countries have been determined to be major illicit drug
producing countries, for purposes of this Act.
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\551\ 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.
\552\ 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''.
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SEC. 490A.\552\ * * * [Repealed--1995]
Chapter 9--International Disaster Assistance \553\
Sec. 491.\554\ 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.
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\553\ Sec. 101(1) of Public Law 94-161 (89 Stat. 849) inserted
``International Disaster Assistance'' in lieu of ``Refugee Relief
Assistance''.
See also Executive Order 13151 (April 27, 2000; 65 F.R. 25617),
establishing an Interagency Coordinating Committee to provide
leadership and oversight through a Global Disaster Information Network
``to use information technology more effectively to reduce loss of life
and property from natural and man-made disasters''.
\554\ 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.''.
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(b) Subject to the limitations \555\ 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,\556\ on such terms and conditions as he
may determine, for international disaster relief and
rehabilitation, including assistance relating to disaster
preparedness, and to the prediction of, and contingency
planning for, natural disasters abroad.
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\555\ 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).
\556\ 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).
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(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.\557\ Authorization.--(a) \558\ 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.\559\ Amounts appropriated
under this section are authorized to remain available until
expended.\560\
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\557\ 22 U.S.C. 2292a. Sec. 492 was added by sec. 101(3) of Public
Law 94-161 (89 Stat. 849).
\558\ 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).
\559\ 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 2003--no authorization.
Congress did not enact an authorization for fiscal year 2003.
Instead, the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7), waived the
requirements for authorization, and title II of that Act (at 117 Stat.
164) provided the following:
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``INTERNATIONAL DISASTER ASSISTANCE
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``For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491
of the Foreign Assistance Act of 1961, as amended, $230,000,000, to
remain available until expended.
``In addition, for assistance for Afghanistan, $60,000,000 to
remain available until expended: Provided, That these funds shall be
used for humanitarian and reconstruction assistance for the Afghan
people including health and education programs, housing, to improve the
status of women, infrastructure, and assistance for victims of war and
displaced persons.
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``TRANSITION INITIATIVES
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``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 (117 Stat. 179), relating to
obligations during last month of availability, and sec. 523 (117 Stat.
188), relating to Afghanistan.
Title I, chapter 3 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 573, 578),
provided the following:
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``INTERNATIONAL DISASTER ASSISTANCE
---------------------------------------------------------------------------
``For an additional amount for `International Disaster Assistance',
$143,800,000, to remain available until expended: Provided, That
amounts made available pursuant to section 492(b) of the Foreign
Assistance Act of 1961 for the purpose of addressing relief and
rehabilitation needs in Iraq, prior to enactment of this Act, shall be
in addition to the amount that may be obligated in any fiscal year
under that section: Provided further, That during the remainder of
fiscal year 2003 the authority referenced in the preceding proviso may
not be utilized unless written notice has been provided to the
Committees on Appropriations not less than 5 days prior to the exercise
of such authority.
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* * * * * * *
``GENERAL PROVISIONS, THIS CHAPTER
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``Sec. 1501. Any appropriation made available in this chapter under
the headings `International Disaster Assistance', `United States
Emergency Refugee and Migration Assistance Fund', `Nonproliferation,
Anti-Terrorism, Demining and Related Programs', `Peacekeeping
Operations', or `Iraq Relief and Reconstruction Fund' may be
transferred between such appropriations for use for any of the purposes
for which the funds in such receiving account may be used: Provided,
That the total amount transferred from funds appropriated under these
headings shall not exceed $100,000,000: Provided further, That the
Secretary of State shall consult with the Committees on Appropriations
prior to exercising the authority contained in this section: 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, except that notification shall be
transmitted at least 5 days in advance of the obligations of funds.''.
\560\ A sentence that 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).
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(b) \558\ 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.\561\ Disaster Assistance--Coordination.--The
President is authorized to appoint a Special Coordinator for
International Disaster Assistance whose responsibility shall be
to promote maximum effectiveness and coordination in responses
to foreign disasters by United States agencies and between the
United States and other donors. Included among the Special
Coordinator's responsibilities shall be the formulation and
updating of contingency plans for providing disaster relief.
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\561\ 22 U.S.C. 2292b. Sec. 493 was added by sec. 101(3) of Public
Law 94-161 (89 Stat. 849).
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Sec. 494.\562\ Disaster Relief Assistance.--There is
authorized to be appropriated, in addition to other sums
available for such purposes, $65,000,000 for use by the
President for disaster relief and emergency recovery needs in
Pakistan, and Nicaragua, under such terms and conditions as he
may determine, such sums to remain available until expended.
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\562\ 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).
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Sec. 494A.\563\ Famine and Disaster Relief to Drought-
Stricken African Nations. * * * [Repealed--1978]
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\563\ 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).
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Sec. 494B.\564\ African Development Program. * * *
[Redesignated--1977]
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\564\ 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).
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Sec. 495.\565\ 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.\566\ Such amount is authorized to remain
available until expended. Assistance under this section shall
be provided in accordance with the policy and general authority
contained in section 491.
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\565\ 22 U.S.C. 2292f. Sec. 495 was added by sec. 101(8) of Public
Law 94-161 (89 Stat. 849).
\566\ 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.
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Sec. 495A.\567\ Guatemala Relief and Rehabilitation. * * *
[Repealed--1978]
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\567\ 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).
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Sec. 495B.\568\ 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.
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\568\ 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).
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(b) \569\ 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.
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\569\ 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.''.
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(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) \570\ (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.
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\570\ 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.''.
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(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.\571\ 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.
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\571\ 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).
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(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.\572\
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\572\ The FA Appropriations Act, 1977, provided the following:
``For necessary expenses to carry out the provisions of section 495C,
$20,000,000.''.
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(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) \573\ * * * [Repealed--1978]
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\573\ 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).
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Sec. 495D.\574\ 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.
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\574\ 22 U.S.C. 2292j. Sec. 495D was added by Public Law 95-21 (91
Stat. 48).
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(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.\575\
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\575\ 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.''.
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(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) \576\ * * * [Repealed--1981]
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\576\ 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).
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(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.\577\ Turkey Relief, Rehabilitation, and
Reconstruction.--The President is requested to use up to
$10,000,000 of the funds made available under section 492 of
this Act to provide relief, rehabilitation, and reconstruction
assistance to the victims of the recent earthquakes in Turkey.
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\577\ 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).
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Sec. 495F.\578\ 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.
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\578\ 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.''.
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(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.\579\ Amounts appropriated under this
subsection are authorized to remain available until expended.
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\579\ 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.''.
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(c) Assistance under this section shall be provided in
accordance with the policies and general authorities contained
in section 491.
Sec. 495G.\580\ 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.\581\ Assistance under this section shall be provided
in accordance with the policies and general authorities
contained in section 491.
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\580\ 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.
\581\ The Supplemental Appropriation and Rescission Bill, 1980
(Public Law 96-304; 94 Stat. 873), contained $10 million intended for
special Caribbean hurricane disaster relief.
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Sec. 495H.\582\ 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.
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\582\ 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.
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(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) \583\ * * * [Repealed--1981]
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\583\ 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.
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(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.\584\
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\584\ The Supplemental Appropriation and Rescission Bill, 1980
(Public Law 96-304; 94 Stat. 873), included $30 million intended for
Cambodian Disaster Relief Assistance.
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(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.\585\ Assistance for Displaced Persons in Central
America.--(a)(1) The Congress recognizes that prompt United
States assistance is necessary to help meet the basic human
needs of persons displaced by strife in El Salvador. Therefore,
the President is authorized to furnish assistance, on such
terms and conditions as he may determine, to help alleviate the
suffering of these displaced persons. Assistance provided under
this section shall be for humanitarian purposes, with emphasis
on the provision of food, medicine, medical care, and shelter
and, where possible, implementation of other relief and
rehabilitation activities. The Congress encourages the use,
where appropriate of the services of private and voluntary
organizations and international relief agencies in the
provision of assistance under this section.
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\585\ 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).
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(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.\586\ Amounts appropriated under this section are
authorized to remain available until expended.
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\586\ 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.
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(c) Assistance under this section shall be provided in
accordance with the policies and utilizing the general
authorities provided in section 491.
Sec. 495J.\587\ Lebanon Emergency Relief, Rehabilitation,
and Reconstruction Assistance.--(a) The Congress recognizes
that prompt United States assistance is necessary to alleviate
the human suffering and resettlement needs of the innocent
victims of recent strife in Lebanon. Therefore, the President
is authorized to furnish assistance, on such terms and
conditions as he may determine, for the relief, rehabilitation,
and reconstruction needs of such victims. Assistance provided
under this section shall emphasize the provision of food,
medicine, clothing, shelter, and water supply systems, and
similar efforts to ameliorate the suffering of the people in
Lebanon.
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\587\ 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.''.
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(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.\588\ African Famine Assistance.--
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\588\ 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.
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``OPERATING EXPENSES
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``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.''.
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(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 \589\
Sec. 496.\590\ Long-Term Development Assistance for Sub-
Saharan Africa.--(a) Findings.--The Congress finds that--
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\589\ 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--
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``(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.''.
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See related legislation in ``Assistance to Africa,'' in Legislation
on Foreign Relations Through 2002, vol. I-B.
\590\ 22 U.S.C. 2293.
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(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) \591\ Democratization and conflict resolution
capabilities.--Assistance under this section may also
include program assistance--
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\591\ 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).
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(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) \591\ 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).\592\ 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.
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\592\ 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)''.
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(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.\593\
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\593\ Sec. 111(b) of the Global AIDS and Tuberculosis Relief Act of
2000 (Public Law 106-264; 114 Stat. 752) added this sentence.
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(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
\594\ Act of 1986.
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\594\ Should read ``Anti-Apartheid''.
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(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.\595\ 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 \596\ should be used to extend the period of
availability of those funds whenever appropriate to improve the
quality of assistance provided under section 496.
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\595\ 22 U.S.C. 2294.
\596\ Congress did not enact an authorization for fiscal year 2003.
Instead, the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7), waived the
requirements for authorization, and title II of that Act (at 117 Stat.
161) provided the following:
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``UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
``CHILD SURVIVAL AND HEALTH PROGRAMS FUND
``(including transfer of funds)
---------------------------------------------------------------------------
``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, health, and family planning/reproductive health activities,
in addition to funds otherwise available for such purposes,
$1,836,500,000, to remain available until September 30, 2005: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health,
nutrition, water and sanitation programs which directly address the
needs of mothers and children, and related education programs; (4)
assistance for displaced and orphaned children; (5) programs for the
prevention, treatment, and control of, and research on, HIV/AIDS,
tuberculosis, malaria, polio and other infectious diseases; and (6)
family planning/reproductive health: 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 ongoing health activities: Provided further, That of the
funds appropriated under this heading, not to exceed $150,000, in
addition to funds otherwise available for such purposes, may be used to
monitor and provide oversight of child survival, maternal and family
planning/reproductive health, and infectious disease programs: Provided
further, That the following amounts should be allocated as follows:
$324,000,000 for child survival and maternal health; $27,000,000 for
vulnerable children; $591,500,000 for HIV/AIDS including not less than
$18,000,000 which should be made available to support the development
of microbicides as a means for combating HIV/AIDS; $155,500,000 for
other infectious diseases; $368,500,000 for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species; and $120,000,000 for
UNICEF: Provided further, That of the funds appropriated under this
heading, and in addition to funds allocated under the previous proviso,
not less than $250,000,000 shall be made available, notwithstanding any
other provision of law, for a United States contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria, and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities: Provided further, That the cumulative amount of United
States contributions to the Global Fund may not exceed the total
resources provided by other donors and available for use by the Global
Fund: Provided further, That of the funds appropriated under this
heading that are available for HIV/AIDS programs and activities, up to
$10,500,000 should be made available for the International AIDS Vaccine
Initiative, and up to $100,000,000 should be made available for the
International Mother and Child HIV Prevention Initiative: Provided
further, That of the funds appropriated under this heading, up to
$60,000,000 may be made available for a United States contribution to
The Vaccine Fund, and up to $6,000,000 may be transferred to and merged
with funds appropriated by this Act under the heading `Operating
Expenses of the United States Agency for International Development' for
costs directly related to international health, but funds made
available for such costs may not be derived from amounts made available
for contribution under the preceding provisos: Provided further, That
notwithstanding any other provision of this Act, funds appropriated
under this heading that are available for child survival and health
programs shall be apportioned to the United States Agency for
International Development, and the authority of sections 632(a) or
632(b) of the Foreign Assistance Act of 1961, or any comparable
provision of law, may not be used to transfer or allocate any part of
such funds to the Department of Health and Human Services including any
office of that agency, except that the authority of those sections may
be used to transfer or allocate up to $25,000,000 of such funds to the
Centers for Disease Control and Prevention: Provided further, That of
the funds appropriated under this heading, $5,000,000 shall be made
available to continue to support the provision of wheelchairs for needy
persons in developing countries: 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 Act 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: Provided further, That none
of the funds made available under this Act may be used to lobby for or
against abortion: Provided further, 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
Committees on Appropriations 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 the funds
under this heading that are available for the treatment and prevention
of HIV/AIDS should also include programs and activities that are
designed to maintain and preserve the families of those persons living
with HIV/AIDS and to reduce the numbers of orphans created by HIV/AIDS.
---------------------------------------------------------------------------
``DEVELOPMENT ASSISTANCE
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of sections
103, 105, 106, and 131, and chapter 10 of part I of the Foreign
Assistance Act of 1961, $1,389,000,000, to remain available until
September 30, 2004: Provided, That none of the funds appropriated under
title II of this Act that are managed by or allocated to the United
States Agency for International Development's Global Development
Secretariat, may be made available except through the regular
notification procedures of the Committees on Appropriations: Provided
further, That $159,000,000 should be allocated for trade capacity
building: Provided further, That $218,000,000 should be allocated for
basic education, of which $20,000,000 should be made available only for
programs to increase the professional competence of national and
regional education administrators: 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: 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 $32,500, 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 that are made available for agriculture and
rural development programs, $25,000,000 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 $18,000,000
should be made available for the American Schools and Hospitals Abroad
program: Provided further, That of the funds appropriated by this Act,
$100,000,000 shall be made available for drinking water supply projects
and related activities.''.
Relating to family planning, see also the President's Memorandum of
March 28, 2001, to the Administrator of the U.S. Agency for
International Development, restoring the Mexico City Policy (66 F.R.
17303).
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Chapter 11--Support for the Economic and Democratic Development of the
Independent States of the Former Soviet Union \597\
SEC. 498.\598\, \599\ ASSISTANCE FOR THE INDEPENDENT STATES.
The President is authorized to provide assistance to the
independent states of the former Soviet Union under this
chapter for the following activities:
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\597\ Sec. 201 of the FREEDOM Support Act (Public Law 102-511; 106
Stat. 3324) added chapter 11, secs. 498-498C.
\598\ 22 U.S.C. 2295.
\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 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).
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(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) \600\ Democracy and rule of law.--Establishing a
democratic and free society by fostering--
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\600\ Sec. 4(a)(1)(A) of the Russian Democracy Act of 2002 (Public
Law 107-246; 116 Stat. 1514) struck out ``Democracy'' and inserted in
lieu thereof ``Democracy and rule of law''. Sec. 4(a)(1)(B) of that Act
struck out subparas. (E) and (G), relating to the development of a free
and independent media and administration of justice, respectively. Sec.
4(a)(1)(C) redesignated subpara. (F) as subpara. (I), and sec.
4(a)(1)(D) added new subparas. (E) through (H). Lastly, sec. 4(A)(1)(E)
added a new subpara. (J).
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(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) \600\ development and support of grass-
roots and nongovernmental organizations
promoting democracy, the rule of law,
transparency, and accountability in the
political process, including grants in small
amounts to such organizations;
(F) \600\ international exchanges and other
forms of public diplomacy to promote greater
understanding on how democracy, the public
policy process, market institutions, and an
independent judiciary function in Western
societies;
(G) \600\ political parties and coalitions
committed to promoting democracy, human rights,
and economic reforms;
(H) \600\ support for civic organizations
committed to promoting human rights;
(I) \600\ 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
(J) \600\ strengthened administration of
justice through programs and activities carried
out in accordance with section 498B(e),
including--
(i) support for nongovernmental
organizations, civic organizations, and
political parties that favor a strong
and independent judiciary;
(ii) support for local organizations
that work with judges and law
enforcement officials in efforts to
achieve a reduction in the number of
pretrial detainees; and
(iii) support for the creation of
legal associations or groups that
provide training in human rights and
advocacy, public education with respect
to human rights-related laws and
proposed legislation, and legal
assistance to persons subject to
improper government interference.
(3) \601\ Independent media.--Developing free and
independent media, including--
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\601\ Sec. 4(a)(2) of the Russian Democracy Act of 2002 (Public Law
107-246; 116 Stat. 1514) redesignated paras. (3) through (13) as paras.
(4) through (14), respectively, and added a new para. (3). Previously,
reference to independent media appeared in sec. 498(2)(E), also struck
out by the Russian Democracy Act of 2002. See preceding footnote.
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(A) supporting all forms of independent media
reporting, including print, radio, and
television;
(B) providing special support for, and
unrestricted public access to, nongovernmental
Internet-based sources of information,
dissemination and reporting, including
providing technical and other support for web
radio services, providing computers and other
necessary resources for Internet connectivity
and training new Internet users in
nongovernmental civic organizations on methods
and uses of Internet-based media; and
(C) training in journalism, including
investigative journalism techniques that
educate the public on the costs of corruption
and act as a deterrent against corrupt
officials.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) Drug education, interdiction, and eradication.--
Promoting drug education, interdiction, and eradication
programs.
(14) 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.\602\ CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE
INDEPENDENT STATES.
(a) \603\ 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--
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\602\ 22 U.S.C. 2295a. Sec. 907 of the FREEDOM Support Act (Public
Law 102-511; 106 Stat. 3357) prohibits assistance to the Government of
Azerbaijan unless the President determines that that Government ``is
taking demonstrable steps to cease all blockades and other offensive
uses of force against Armenia and Nagorno-Karabakh.''.
Title II of the Kenneth M. Ludden Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002 (Public Law
107-115; 115 Stat. 2127), para. on Assistance for the Independent
States of the Former Soviet Union, however, exempts the application of
sec. 907 for a range of foreign assistance such as democracy support,
Trade and Development Agency, Export-Import Bank, and OPIC programs,
and humanitarian assistance. The para. also authorizes the President to
waive sec. 907 if he determines that it is necessary to support U.S.
efforts to counter international terrorism or other related concerns.
The President issued such a waiver on January 25, 2002 (Presidential
Determination No. 2002-06; 67 F.R. 5921).
See also footnote at sec. 498C.
\603\ 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).
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(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,\604\
and ceasing trade subsidies and economic, nuclear, and
other assistance.
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\604\ 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.''.
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(b) \605\ Ineligibility for Assistance.--The President
shall not provide assistance under this chapter--
---------------------------------------------------------------------------
\605\ 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, 2003: title II,
paragraph assistance for the independent states of the former Soviet
Union; and sec. 517--Independent States of the Former Soviet Union.
---------------------------------------------------------------------------
(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 \606\ or
sections 306(a)(1) and 307 of the Chemical and
Biological Weapons Control and Warfare Elimination Act
of 1991; \607\, \608\
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\606\ 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.''.
\607\ For text of the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991, see Legislation on Foreign Relations
Through 2002, vol. II, sec. F.
\608\ 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).
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(5) \608\ 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) \608\ 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) \609\ The President determines that furnishing
such assistance is important to the national interest
of the United States.
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\609\ 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).
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(2) \610\ 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.
---------------------------------------------------------------------------
\610\ 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) \611\ The assistance is furnished for the
alleviation of suffering resulting from a natural or
man-made disaster.
---------------------------------------------------------------------------
\611\ 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).
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(4) \612\ The assistance is provided under the
secondary school exchange program administered by the
United States Information Agency.
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\612\ 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).
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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) \613\ Reduction in Assistance for Support of
Intelligence Facilities in Cuba.--
---------------------------------------------------------------------------
\613\ 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.--
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``(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.\614\ 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.
---------------------------------------------------------------------------
\614\ 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) \603\ 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
\615\ that an enterprise fund should be established and
supported under this chapter, the provisions contained in
section 201 of the Support for East European Democracy (SEED)
Act of 1989 (excluding the authorizations of appropriations
provided in subsection (b) of that section) shall be deemed to
apply with respect to such enterprise fund and to funds made
available to such enterprise fund pursuant to this chapter.
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\615\ 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).
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(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)(J) \616\
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).
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\616\ Sec. 4(b) of the Russian Democracy Act of 2002 (Public Law
107-246; 116 Stat. 1515) struck out ``paragraph (2)(G)'' and inserted
in lieu thereof ``paragraph (2)(J)''.
---------------------------------------------------------------------------
(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) \603\ 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) \617\ Procurement Restrictions.--Funds made available for
assistance under this chapter may be used for procurement--
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\617\ 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.
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(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 \618\ and sections 306 and 307 of
the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1961,\619\ to the
extent that they apply to assistance to
governments; and
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\618\ 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.''.
\619\ 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 2002, 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.\620\
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\620\ 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) \621\ shall not apply with
respect to funds used pursuant to this chapter.
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\621\ 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,
2003 (division E of Public Law 108-7; 117 Stat. 181).
---------------------------------------------------------------------------
(k) Definitions.--
(1) Appropriate congressional committees.--As used in
this chapter, the term ``appropriate congressional
committees'' means the Committee on Foreign Affairs
\622\ and the Committee on Appropriations of the House
of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the
Senate.
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\622\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(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) \623\ Nonmarket based trade.--As used in section
498A(b)(5), the term ``nonmarket based trade'' includes
exports, imports, exchanges, or other arrangements that
are provided for goods and services (including oil and
other petroleum products) on terms more favorable than
those generally available in applicable markets or for
comparable commodities, including--
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\623\ 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).
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(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.\624\ 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.\625\
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\624\ 22 U.S.C. 2295c.
\625\ Congress did not enact an authorization for fiscal year 2003.
Instead, the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7), waived the
requirements for authorization, and titles II and V of that Act (117
Stat. 169, 175, 185), as amended, provided the following:
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``ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
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``(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, $760,000,000, to
remain available until September 30, 2004: 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,
funds 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 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:
Provided further, That of the funds appropriated under this heading
$17,500,000 shall be made available solely for assistance for the
Russian Far East: Provided further, That, notwithstanding any other
provision of law, funds appropriated under this heading in this Act or
prior Acts making appropriations for foreign operations, export
financing, and related programs, that are made available pursuant to
the provisions of section 807 of the FREEDOM Support Act (Public Law
102-511) shall be subject to a 6 percent ceiling on administrative
expenses.
``(b) Of the funds appropriated under this heading that are made
available for assistance for Ukraine, not less than $20,000,000 should
be made available for nuclear reactor safety initiatives, and not less
than $1,500,000 shall be made available for coal mine safety programs,
including mine ventilation and fire prevention and control.
``(c) Of the funds appropriated under this heading, not less than
$90,000,000 shall be made available for assistance for Armenia.
``(d)(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:
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``(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; and
``(B) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya.
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``(2) Paragraph (1) shall not apply to--
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``(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
``(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
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``(e) Of the funds appropriated under this heading, not less than
$60,000,000 should be made available, in addition to funds otherwise
available for such purposes, for assistance for child survival, basic
education, environmental and reproductive health/family planning, and
to combat HIV/AIDS, tuberculosis and other infectious diseases, and for
related activities.
``(f) None of the funds appropriated under this heading may be made
available for assistance for the central Government of Ukraine if the
Secretary of State determines and certifies to the Committees on
Appropriations that, since September 30, 2000, the Government of
Ukraine has facilitated or engaged in arms sales or arms transfers to
Iraq: Provided, That this paragraph shall not apply to assistance to
combat infectious diseases, nuclear safety programs and activities, or
assistance for victims of trafficking in persons, and to activities
authorized under title V (Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
``(g) Section 907 of the FREEDOM Support Act shall not apply to--
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``(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
``(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.
* * * * * * *
``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------
``For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $306,400,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, 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, and 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),
consistent with the provisions of section 562 of this Act, and for a
United States contribution to 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 following consultation with the
appropriate committees of Congress: 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 made available for demining and
related activities, not to exceed $675,000, 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: Provided further, That the Secretary of State is authorized to
provide not to exceed $250,000 for public-private partnerships for mine
action by grant, cooperative agreement, or contract.
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* * * * * * *
``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--
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``(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.
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``(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.''.
See also the FREEDOM Support Act (Public Law 102-511; 106 Stat.
3320), in Legislation on Foreign Relations Through 2002, vol. I-B.
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(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) \626\ Limitation on amount transferred.--Not more
than 2 percent of the funds made available for a fiscal
year under subsection (a) may be transferred pursuant
to paragraph (1) unless, at least 15 days before
transferring any additional amount, the President
notifies the appropriate congressional committees in
accordance with the procedures applicable to
reprogramming notifications under section 634A of this
Act.
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\626\ 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).
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Chapter 12--Support for the Economic and Political Independence of the
Countries of the South Caucasus and Central Asia \627\
SEC. 499.\628\ UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND
RECOVERY FROM REGIONAL CONFLICTS.
(a) Purpose of Assistance.--The purposes of assistance
under this section include--
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\627\ 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.
\628\ 22 U.S.C. 2296.
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(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.\629\ 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.
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\629\ 22 U.S.C. 2296a.
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(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.\630\ DEVELOPMENT OF INFRASTRUCTURE.
(a) Purpose of Programs.--The purposes of programs under
this section include--
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\630\ 22 U.S.C. 2296b.
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(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.\631\ 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.
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\631\ 22 U.S.C. 2296c.
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(b) \632\ 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).
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\632\ 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:
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``(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.
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``(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.''.
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(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.\633\ 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.
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\633\ 22 U.S.C. 2296d.
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(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.\634\ ADMINISTRATIVE AUTHORITIES.
(a) Assistance Through Governments and Nongovernmental
Organizations.--Assistance under this chapter may be provided
to governments or through nongovernmental organizations.
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\634\ 22 U.S.C. 2296e.
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(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.\635\ DEFINITIONS.
In this chapter:
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\635\ 22 U.S.C. 2296f.
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(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 \636\
Chapter 1--Policy \637\
Sec. 501.\638\ Statement of Policy.--The Congress of the
United States reaffirms the policy of the United States to
achieve international peace and security through the United
Nations so that armed force shall not be used except for
individual or collective self-defense. The Congress hereby
finds that the efforts of the United States and other friendly
countries to promote peace and security continue to require
measures of support based upon the principle of effective self-
help and mutual aid. It is the purpose of this part to
authorize measures in the common defense against internal and
external aggression, including the furnishing of military
assistance, upon request, to friendly countries and
international organizations. In furnishing such military
assistance, it remains the policy of the United States to
continue to exert maximum efforts to achieve universal control
of weapons of mass destruction and universal regulation and
reduction of armaments, including armed forces, under adequate
safeguards to protect complying countries against violation and
invasion.
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\636\ 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.
\637\ 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''.
\638\ 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.
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The Congress recognizes that the peace of the world and the
security of the United States are endangered so long as hostile
countries \639\ 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 selfgovernment to peoples and countries once free but now
subject to such domination.
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\639\ 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''.
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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 \640\ aggression, facilitating
arrangements for individual and collective security, assisting
friendly countries to maintain internal security, and creating
an environment of security and stability in the developing
friendly countries essential to their more rapid social,
economic, and political progress. The Congress urges that all
other countries able to contribute join in a common undertaking
to meet the goals stated in this part.
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\640\ Sec. 705(1)(B) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``Communist or Communist-supported'' from this
point.
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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 \641\ aggression or
in which the internal security is threatened by internal
subversion inspired or supported by hostile countries.
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\641\ 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.
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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.\642\ Utilization of Defense Articles and
Services.--Defense articles and defense services \643\ to any
country shall be furnished solely for internal security
(including for antiterrorism and nonproliferation
purposes),\644\ 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,\645\ or for the purpose of
assisting foreign military forces in less developed friendly
countries (or the voluntary efforts of personnel of the Armed
Forces of the United States in such countries) to construct
public works and to engage in other activities helpful to the
economic and social development of such friendly countries. It
is the sense of the Congress that such foreign military forces
should not be maintained or established solely for civic action
activities and that such civic action activities not
significantly detract from the capability of the military
forces to perform their military missions and be coordinated
with and form part of the total economic and social development
effort.
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\642\ 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.
\643\ 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.
\644\ 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''.
\645\ Sec. 201(c)(1) of the FA Act of 1965 struck out a colon and
added the remainder of this section from this point.
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Sec. 502A.\646\ * * * [Repealed--1996]
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\646\ 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.''.
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Sec. 502B.\647\ Human Rights.--(a)(1) \648\ The United
States shall, in accordance with its international obligations
as set forth in the Charter of the United Nations and in
keeping with the constitutional heritage and traditions of the
United States, promote and encourage increased respect for
human rights and fundamental freedoms throughout the world
without distinction as to race, sex, language, or religion.
Accordingly, a principal goal of the foreign policy of the
United States shall be to promote the increased observance of
internationally recognized human rights by all countries.
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\647\ 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.''.
\648\ 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).
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(2) \649\ 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 \650\ 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.\651\
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\649\ 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).
\650\ 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).
\651\ 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).
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(3) In furtherance of paragraphs (1) and (2),\652\ the
President is directed to formulate and conduct international
security assistance programs of the United States in a manner
which will promote and advance human rights and avoid
identification of the United States, through such programs,
with governments which deny to their people internationally
recognized human rights and fundamental freedoms, in violation
of international law or in contravention of the policy of the
United States as expressed in this section or otherwise.
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\652\ 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).
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(4) \653\ 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--
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\653\ Sec. 421(b) of the International Religious Freedom Act of
1998 (Public Law 105-292; 112 Stat. 2810) added para. (4).
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(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 \654\ and with
the assistance of the Ambassador at Large for International
Religious Freedom,\655\ 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).\656\ Wherever applicable, such
report shall include information on practices regarding
coercion in population control, including coerced abortion and
involuntary sterilization.\657\ 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).\658\ Such report shall also include, for
each country with respect to which the report indicates that
extrajudicial killings, torture, or other serious violations of
human rights have occurred in the country, the extent to which
the United States has taken or will take action to encourage an
end to such practices in the country.\659\ 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.\660\ Each report under this
section shall also include (i) wherever applicable, a
description of the nature and extent of the compulsory
recruitment and conscription of individuals under the age of 18
by armed forces of the government of the country, government-
supported paramilitaries, or other armed groups, the
participation of such individuals in such groups, and the
nature and extent that such individuals take a direct part in
hostilities, (ii) what steps, if any, taken by the government
of the country to eliminate such practices, and (iii) such
other information related to the use by such government of
individuals under the age of 18 as soldiers, as determined to
be appropriate by the Secretary of State.\661\ 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.\662\ In determining whether a government falls within the
provisions of subsection (a)(3) and in the preparation of any
report or statement required under this section, consideration
shall be given to--
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\654\ 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''.
\655\ 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''.
\656\ 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).
\657\ 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).
\658\ 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''.
\659\ Sec. 665(b) of the Freedom Investment Act of 2002 (subtitle E
of title VI of the Foreign Relations Authorization Act, Fiscal Year
2002; Public Law 107-228; 116 Stat. 1407) added this sentence. Sec.
665(c) of that Act further provided the following:
``(c) Separate Report.--The information to be included in the
report required by sections 116(d) and 502B(b) of the Foreign
Assistance Act of 1961 pursuant to the amendments made by subsections
(a) and (b) may be submitted by the Secretary as a separate report. If
the Secretary elects to submit such information as a separate report,
such report shall be submitted not later than 30 days after the date of
submission of the report required by section 116(d) and 502B(b) of the
Foreign Assistance Act of 1961.''.
\660\ 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.
\661\ Sec. 683(b) of the Freedom Investment Act of 2002 (subtitle E
of title VI of the Foreign Relations Authorization Act, Fiscal Year
2002; Public Law 107-228; 116 Stat. 1411) added the report requirement
relating to compulsory recruitment and conscription of individuals
under the age of 18.
\662\ Sec. 201(b) of Public Law 104-319 (110 Stat. 3864) added this
sentence.
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(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 \663\ 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,\654\ with respect to the country designated in such
request, setting forth--
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\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''.
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(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,\664\ and other
flagrant denial of the right to life, liberty, or the
security of person; and
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\664\ 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).
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(2) the term ``security assistance'' means--
(A) assistance under chapter 2 (military
assistance) or chapter 4 (economic support
fund) \665\ or chapter 5 (military education
and training) or chapter 6 (peacekeeping
operations) or chapter 8 (antiterrorism
assistance) of this part; \666\
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\665\ 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).
\666\ 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.
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(B) sales of defense articles or services,
extensions of credits (including participations
in credits),\667\ and guaranties of loans under
the Arms Export Control Act; or
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\667\ 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.
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(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) \668\ Notwithstanding any other provision of law, funds
authorized to be appropriated under part I of this Act may be
made available for the furnishing of assistance to any country
with respect to which the President finds that such a
significant improvement in its human rights record has occurred
as to warrant lifting the prohibition on furnishing such
assistance in the national interest of the United States.
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\668\ Subsec. (e) was added by sec. 511 of the International
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 380).
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(f) \669\ 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.
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\669\ Subsec. (f) was added by sec. 4 of the International Security
Assistance Act of 1979 (Public Law 96-92; 93 Stat. 702).
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(g) \670\ Whenever the provisions of subsection (e) or (f)
of this section are applied, the President shall report to the
Congress before making any funds available pursuant to those
subsections. The report shall specify the country involved, the
amount and kinds of assistance to be provided, and the
justification for providing the assistance, including a
description of the significant improvements which have occurred
in the country's human rights record.
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\670\ Subsec. (g) was added by sec. 1201 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 276).
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(h) \671\ (1) The report required by subsection (b) shall
include the following:
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\671\ Sec. 104(b) of the Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386; 114 Stat. 1472) added subsec. (h).
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(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.\672\ General Authority.--(a) The President is
authorized to furnish military assistance, on such terms and
conditions as he may determine,\673\ to any friendly country or
international organization, the assisting of which the
President finds will strengthen the security of the United
States and promote world peace and which is otherwise eligible
to receive such assistance, by--
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\672\ 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.''.
\673\ In 2003, the President determined ``that the furnishing of
defense articles and services to Serbia and Montenegro will strengthen
the security of the United States and promote world peace''
(Presidential Determination No. 2003-22 of May 6, 2003; 68 F.R. 25809).
In 2002, the President made similar determinations for the
Governments of Palau, Kiribati, and Tuvalu (Presidential Determination
No. 2002-09 of March 12, 2002; 67 F.R. 13245); for the Governments of
Armenia, Azerbaijan, and Tajikistan (Presidential Determination No.
2002-15 of April 18, 2002; 67 F.R. 20429); and for East Timor
(Presidential Determination No. 02-19 of May 27, 2002; 67 F.R. 39245).
In 2000, the President made a similar determination for the
Economic Community of Western African States (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 made similar determinations for the
Governments of Georgia, Kazakstan, Kyrgyzstan, Moldova, Turkmenistan,
Russia, Ukraine, and Uzbekistan (Presidential Determination No. 97-19
of March 11, 1997; 62 F.R. 13531).
In 1995 and 1996, the President made similar determinations for
Angola (Presidential Determination No. 95-32 of July 28, 1995; 60 F.R.
40255), Mongolia (Presidential Determination No. 95-38 of August 22,
1995; 60 F.R. 50069), Bosnia and Herzegovina (Presidential
Determination No. 96-10 of February 23, 1996; 61 F.R. 8463), Slovenia,
and the Former Yugoslav Republic of Macedonia (Presidential
Determination No. 96-18 of March 8, 1996; 61 F.R. 11497).
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(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) \674\ transferring such of the funds appropriated
or otherwise made available under this chapter as the
President may determine for assistance to a recipient
country,\675\ 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 \676\ shall
be priced to exclude the costs of salaries of members
of the Armed Forces of the United States (other than
the Coast Guard).\676\
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\674\ 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).
\675\ 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).
\676\ 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.
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(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) \677\ the loan agreement provides that (A) if the
defense article is damaged while on loan, the country
or international organization to which it was loaned
will reimburse the United States for the cost of
restoring or replacing the defense article, and (B) if
the defense article is lost or destroyed while on loan,
the country or international organization to which it
was loaned will pay to the United States an amount
equal to the replacement cost (less any depreciation in
the value) of the defense article.
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\677\ 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.''.
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(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.\678\ Authorization.--(a) \679\ (1) There are
authorized to be appropriated to the President to carry out the
purposes of this chapter $805,100,000 for the fiscal year 1986
and $805,100,000 for the fiscal year 1987.
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\678\ 22 U.S.C. 2312.
\679\ 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 2003--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.''.
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(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.\680\ 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
\681\ shall be furnished to any country on a grant basis unless
it shall have agreed that--
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\680\ 22 U.S.C. 2314. Former sec. 506 was redesignated sec. 505 by
sec. 201(e) of the FA Act of 1967.
\681\ 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''.
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(1) it will not, without the consent of the
President--
(A) permit any use of such articles or
related training or other defense service \681\
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 \681\ by gift, sale, or
otherwise, or
(C) use or permit the use of such articles or
related training or other defense service \681\
for purposes other than those for which
furnished;
(2) it will maintain the security of such articles or
related training or other defense service,\681\ and
will provide substantially the same degree of security
protection afforded to such articles or related
training or other defense service \681\ 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;
\681\ 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 \681\ 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 \682\ the defensive strength of the free
world;
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\682\ Sec. 201(b) of the FA Act of 1971 substituted ``or'' in lieu
of ``and''.
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(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) \683\ 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.
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\683\ Subsecs. (c) and (d) were added by sec. 201(a) of the FA Act
of 1962.
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(d) \683\, \684\ (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,\685\ or any predecessor
Foreign Assistance Act, in substantial violation (either in
terms of quantities or in terms of the gravity of the
consequences regardless of the quantities involved) of any
agreement entered into pursuant to any such Act (A) by using
such articles or services for a purpose not authorized under
section 502 or, if such agreement provides that such articles
or services may only be used for purposes more limited than
those authorized under section 502, for a purpose not
authorized under such agreement; (B) by transferring such
articles or services to, or permitting any use of such articles
or services by, anyone not an officer, employee, or agent of
the recipient country without the consent of the President; or
(C) by failing to maintain the security of such articles or
services.
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\684\ 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.''.
\685\ For text, see Legislation on Foreign Relations Through 2002,
vol. I-B.
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(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) \686\ 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.\687\ 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.
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\686\ 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.
\687\ 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''.
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(f) \686\ 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.\688\ In the case of items which were
delivered prior to 1985,\689\ 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.\690\
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\688\ For text, see Legislation on Foreign Relations Through 2002,
vol. II, sec. E.
\689\ 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''.
\690\ 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).
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(g) \691\ (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.
---------------------------------------------------------------------------
\691\ 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
\692\ 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,\693\ with respect to the country designated in such
request, setting forth--
---------------------------------------------------------------------------
\692\ 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''.
\693\ 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.\694\ Special Authority.--(a)(1) \695\ If the
President determines and reports to the Congress in accordance
with section 652 of this Act that--
---------------------------------------------------------------------------
\694\ 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).
\695\ 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 April 27, 2002, the President
determined that:
``(1) assistance to Afghanistan is in the national interest of the
United States; and
``(2) an unforeseen emergency exists that requires immediate
military assistance to the Government of Afghanistan for purposes of
training and equipping the Afghan national armed forces; 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 FAA
[Foreign Assistance Act of 1961].
``Accordingly, I hereby waive section 512 of the FOAA [Foreign
Operations Appropriations] and section 620(q) of the FAA with respect
to Afghanistan. Further, I hereby direct the drawdown of up to $2
million of defense articles, services, and training from the inventory
and resources of the Department of Defense for military assistance for
Afghanistan.'' (Presidential Determination No. 02-18; 67 F.R. 31713).
Pursuant to sec. 506(a)(1) and sec. 614(a)(2), on May 30, 2002, the
President determined that ``it is vital to the national security
interests of the United States to provide up to $4.5 million in fiscal
year 1997 and 1998 Foreign Military Financing Funds for assistance to
Georgia under section 23 of the Arms Export Control Act without regard
to any provision of law that might otherwise restrict provision of such
funds. I further determine that an unforeseen emergency exists
requiring immediate military assistance for Georgia that cannot be met
under the Arms Export Control Act or any other law, and hereby direct
the drawdown of defense articles and services from the stocks of the
Department of Defense, and military education and training of the
aggregate value of $21 million to meet that emergency requirement. I
hereby authorize the furnishing of this assistance.'' (Presidential
Determination No. 02-20; 67 F.R. 39247).
Pursuant to sec. 506(a)(1), on June 28, 2002, the President
determined that:
``(1) an unforeseen emergency exists that requires immediate
military counterterrorism assistance to the Armed Forces of the
Philippines; and
``(2) the emergency requirement cannot be met under the authority
of the Arms Export Control Act or any other law except [section] 506(a)
of the Act.
``I therefore direct the drawdown of up to $10 million of defense
articles and services from the inventory and resources of the
Department of Defense to the Philippines for counterterrorism
assistance.'' (Presidential Determination No. 02-24; 67 F.R. 46837).
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(A) \695\ an unforeseen emergency exists which
requires immediate military assistance to a foreign
country or international organization; and
(B) \695\ 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.\696\
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\696\ 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).
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(2)(A) \695\ 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--\697\
---------------------------------------------------------------------------
\697\ 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);
\698\
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\698\ 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).
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(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 \699\
$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--
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\699\ 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''.
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(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 \692\ 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.\700\
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\700\ Sec. 103(b)(3) of Public Law 104-164 (110 Stat. 1424) added
this sentence.
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(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.\701\
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\701\ 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.''.
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(c) \702\ For the purposes of any provision of law that
authorizes the drawdown of defense or other articles or
commodities, or defense or other services from an agency of the
United States Government, such drawdown may include the supply
of commercial transportation and related services that are
acquired by contract for the purposes of the drawdown in
question if the cost to acquire such commercial transportation
and related services is less than the cost to the United States
Government of providing such services from existing agency
assets.
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\702\ 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, 2003 (division E of Public Law 108-7; 117
Stat. 176), provided the following:
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``FOREIGN MILITARY FINANCING PROGRAM
``(including transfer of funds)
---------------------------------------------------------------------------
``For expenses necessary for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control Act,
$4,072,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,100,000,000 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: 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 $550,000,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That except as
provided in the following proviso, none of the funds appropriated by
this paragraph may be made available for helicopters and related
support costs for Colombia: Provided further, That up to $93,000,000 of
the funds appropriated by this paragraph may be transferred to and
merged with funds appropriated under the heading `Andean Counterdrug
Initiative' for helicopters, training and other assistance for the
Colombian Armed Forces for security for the Cano Limon pipeline:
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
$38,000,000 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 $356,000,000 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 2003 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
2003 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.''.
Title I, chapter 3 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 577), provided
the following:
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``MILITARY ASSISTANCE
``FUNDS APPROPRIATED TO THE PRESIDENT
``Foreign Military Financing Program
---------------------------------------------------------------------------
``For an additional amount for the `Foreign Military Financing
Program', $2,059,100,000: Provided, That funds appropriated by this
paragraph shall be available notwithstanding section 10 of Public Law
91-672 and section 15 of the State Department Basic Authorities Act of
1956: Provided further, That of the funds appropriated under this
heading, not less than $406,000,000 shall be made available for grants
only for Jordan and not less than $1,000,000,000 shall be available for
grants only for Israel: Provided further, That the funds appropriated
by this paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: 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 to
by the United States and Israel, be available for advanced weapons
systems, of which not less than $263,000,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That up to
$20,000,000 of the funds appropriated by this paragraph may be
transferred to and merged with funds appropriated under the heading
``Andean Counterdrug Initiative'' for aircraft, training, and other
assistance for the Colombian Armed Forces: Provided further, That,
except for Israel and Jordan, funds appropriated under this heading
shall be subject to the regular notification procedures of the
Committees on Appropriations, except that notifications shall be
transmitted at least 5 days in advance of the commitment of funds:
Provided further, That such notification shall be in the form of a
report (in classified or unclassified form) which contains each country
receiving assistance from funds aggregated under this heading, other
than Israel and Jordan, the amount of assistance to be provided and a
description of the equipment and other assistance being financed from
such funds.''.
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(d) \702\ 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.\703\ Restrictions on Military Aid to Latin
America. * * * [Repealed--1973]
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\703\ Sec. 12(b)(5) of the FA Act of 1973 repealed secs. 507, 508,
and 509.
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Sec. 508.\703\ Restrictions on Military Aid to Africa. * *
* [Repealed--1973]
Sec. 509.\703\ Certification of Recipient's Capability. * *
* [Repealed--1973]
Sec. 510.\704\ Restrictions on Training Foreign Military
Students. * * * [Repealed--1976]
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\704\ 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).
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Sec. 511.\705\ Considerations in Furnishing Military
Assistance.--Decisions to furnish military assistance made
under this part shall take into account \706\ whether such
assistance will--
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\705\ 22 U.S.C. 2321d. Sec. 511 was added by sec. 201(f) of the FA
Act of 1971.
\706\ 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''.
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(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.\707\ Military Assistance Advisory Groups and
Missions. * * * [Repealed--1973]
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\707\ Sec. 12(5) of the FA Act of 1973 repealed sec. 512.
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Sec. 513.\708\ Military Assistance Authorizations for
Thailand and Laos, and South Vietnam. * * * [Repealed--1981]
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\708\ 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).
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Sec. 514.\709\ 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.
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\709\ 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.''.
See also sec. 112 of the Security Assistance Act of 2000 (Public
Law 106-280; 114 Stat. 850), in Legislation on Foreign Relations
Through 2002, vol. I-B.
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(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) \710\ in stockpiles
located in foreign countries may not exceed in any fiscal year
an amount that \711\ is specified in security assistance
authorizing legislation for that fiscal year.
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\710\ 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''.
\711\ 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.
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(2) \712\ (A) The value of such additions to stockpiles of
defense articles in foreign countries shall not exceed
$100,000,000 for fiscal year 2003.
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\712\ Sec. 1261 of the Security Assistance Act of 2002 (division B
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1434) amended and restated para. (2). The para.
previously had provided not to exceed $50 million for fiscal year 2001.
Previously, 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 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; fiscal year 2003--$100,000,000.
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(B) \713\ Of the amount specified in subparagraph (A) for
fiscal year 2003, not more than $100,000,000 may be made
available for stockpiles in the State of Israel.
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\713\ Sec. 1261 of the Security Assistance of 2002 (division B of
the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law
107-228; 116 Stat. 1434) amended and restated para. (2). Previously,
subpara. (B) provided not more than $50 million for stockpiles in the
Republic of Korea.
Previously, 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 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.
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(c) \714\ Location of Stockpiles of Defense Articles.--
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\714\ 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.\715\ 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:
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\715\ 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).
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(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; \716\ and
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\716\ 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''.
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(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 \692\ 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,\717\
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.
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\717\ 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''.
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(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 \692\ of the
House of Representatives are notified 30 days in advance of the
introduction of the additional military personnel.
(d) Effective October 1, 1989,\718\ the entire costs
(excluding \719\ salaries of the United States military
personnel other than the Coast Guard) \719\ 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,\720\ 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.
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\718\ 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''.
\719\ 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.
\720\ 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.
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(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.\721\ 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.
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\721\ 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, 2003 (division E of Public Law 108-7; 117 Stat.
2146), provided the following:
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``notification on 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 if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.''.
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(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,\722\ 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.\723\
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\722\ 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,''.
\723\ 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.--
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``(1) united states policy.--The Congress intends that excess
defense articles be made available under this section
consistent with the United States policy, established by
section 841 of the International Cooperation Act of 1989, of
maintaining the military balance in the Eastern Mediterranean.
``(2) maintenance of balance.--Accordingly, the President
shall ensure that, over the 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, to major non-NATO allies on
such southern and southeastern flank, and to the
Philippines \724\ shall be given priority to the
maximum extent feasible over the delivery of such
excess defense articles to other countries.
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\724\ Sec. 1234 of the Security Assistance Act of 2002 (division B
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433), struck out ``and to major non-NATO allies
on such southern and southeastern flank'' and inserted in lieu thereof
``, to major non-NATO allies on such southern and southeastern flank,
and to the Philippines''.
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(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) \725\ Transportation and Related Costs.--
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\725\ Sec. 1231 of the Security Assistance Act of 2002 (division B
of Public Law 107-228; 116 Stat. 1432) provided the following:
``SEC. 1231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES.
``(a) Authority.--Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the fiscal year
2003 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
Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia Republic of
Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan.
``(b) Sense of Congress.--It is the sense of Congress that the
authority provided under this section should be utilized only for those
countries demonstrating a genuine commitment to democracy and human
rights.''.
See also sec. 1701 of that Act (116 Stat. 1463), authorizing the
transfer of naval vessels to certain countries.
Sec. 105 of Public Law 104-164 (110 Stat. 1427), as amended,
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 2002 and
2003, 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.''.
Sec. 589 of the Kenneth M. Ludden Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002 (Public Law
107-115; 115 Stat. 2174), provided the following:
``EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN
COUNTRIES AND CERTAIN OTHER COUNTRIES
``Sec. 589. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during each of the fiscal
years 2002 and 2003, 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 Albania, Bulgaria, Croatia, Estonia, Former Yugoslavia
Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia,
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: Provided, That
section 105 of Public Law 104-164 is amended by striking `2000 and
2001' and inserting `2002 and 2003'.''.
See also sec. 707 of the Security Assistance Act of 2000 (Public
Law 106-280; 114 Stat. 862), relating to excess defense articles for
Mongolia, and 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)), relating to Estonia, Georgia, Hungary, Kazakhstan,
Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Slovakia, Ukraine, and
Uzbekistan, in Legislation on Foreign Relations Through 2002, vol. I-B.
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(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 \726\ pounds; and
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\726\ 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''.
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(D) such transportation is accomplished on a
space available basis.
(f) \725\, \727\ Advance Notification to
Congress for Transfer of Certain Excess Defense Articles.--
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\727\ 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.''.
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(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) \728\ Aggregate Annual Limitation.--
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\728\ 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.''.
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(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.\729\
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\729\ 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''.
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(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.\730\ * * * [Repealed--1996]
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\730\ 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).
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SEC. 517.\731\ DESIGNATION OF MAJOR NON-NATO ALLIES.
(a) Notice to Congress.--The President shall notify the
Congress \732\ in writing at least 30 days before--
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\731\ 22 U.S.C. 2321k. Added by sec. 147(a)(1) of Public Law 104-
164 (110 Stat. 1434).
\732\ 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).
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(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.\733\ * * * [Repealed--1996]
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\733\ 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).
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Sec. 519.\734\ * * * [Repealed--1996]
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\734\ 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).
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Sec. 520.\735\ * * * [Repealed--1996]
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\735\ 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).
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Chapter 3--Foreign Military Sales \736\
Sec. 521.\737\ Administration of Sales Programs Involving
Defense Articles and Services. * * * [Repealed--1968]
---------------------------------------------------------------------------
\736\ The new chapter heading was added by sec. 201(o)(2) of the FA
Act of 1967.
\737\ Secs. 521, 522, and 523 were repealed by sec. 45(a) of the
Foreign Military Sales Act (Public Law 90-629).
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Sec. 522.\737\ Sales from Stock. * * * [Repealed--1968]
Sec. 523.\737\ Procurement of Sales. * * * [Repealed--1968]
Sec. 524.\738\ Reimbursements.--(a) \739\ Whenever funds
made available for use under this part have been or \740\ 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
\741\ shall be credited to a separate fund account \742\ and,
shall be available until expended solely for the purposes of
financing sales and guaranties, including the overhead costs
thereof,\743\ 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.\744\
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\738\ 22 U.S.C. 2344. Former sec. 508 was redesignated sec. 524 by
sec. 201(h)(1) of the FA Act of 1967.
\739\ Subsection designation ``(a)'' and a new subsec. (b) were
added by sec. 201(h)(2) of the FA Act of 1967.
\740\ The words ``have been or'' were added by sec. 201(e)(1) of
the FA Act of 1965.
\741\ The words to this point, beginning with ``receipts received
from'', were added by sec. 201(e)(2) of the FA Act of 1965.
\742\ Sec. 201(e)(3) of the FA Act of 1965 inserted ``a separate
fund account'' in lieu of ``the current applicable appropriation''.
\743\ 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''.
\744\ The last sentence was added by sec. 201(c) of the FA Act of
1966.
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(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) \745\ * * * [Repealed--1968]
Sec. 525.\745\ Guaranties. * * * [Repealed--1968]
Chapter 4--Economic Support Fund \746\
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.
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\745\ 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.
\746\ 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) that 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.
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Sec. 531.\747\ 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.\748\ In such cases, the President is authorized to furnish
assistance to countries and organizations, on such terms and
conditions as he may determine, in order to promote economic or
political stability. To the maximum extent feasible, the
President shall provide assistance under this chapter
consistent with the policy directions, purposes, and programs
of part I of this Act.
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\747\ 22 U.S.C. 2346.
\748\ 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.
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(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.\749\
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\749\ 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).
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(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) \750\ * * * [Repealed--1998]
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\750\ 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. 529 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 190), provided the following:
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``SEPARATE ACCOUNTS
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``Sec. 529. (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 United
States Agency for International Development shall--
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``(A) require that local currencies be deposited in a
separate account established by that government;
``(B) enter into an agreement with that government which sets
forth--
``(i) the amount of the local currencies to be
generated; and
``(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent
with this section; and
``(C) establish by agreement with that government the
responsibilities of the United States Agency for International
Development and that government to monitor and account for
deposits into and disbursements from the separate account.
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``(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--
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``(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.
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``(3) Programming Accountability.--The United States 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 United
States 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.''.
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(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.\751\, \752\ Authorizations of
Appropriations.--(a) There are authorized to be appropriated to
the President to carry out the purposes of this chapter--
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\751\ 22 U.S.C. 2346a.
\752\ Title V, subtitle B of the Security Assistance Act of 2000
(Public Law 106-280; 114 Stat. 855), as amended by sec. 1221 of the
Security Assistance Act of 2002 (division B of Public Law 107-228; 116
Stat. 1430), provided the following authorization for assistance:
``SEC. 513. ASSISTANCE FOR ISRAEL.
``(a) Definitions.--In this section:
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``(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).
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``(b) ESF Assistance.--
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``(1) In general.--Of the amounts made available for each of
the fiscal years 2002 and 2003 for ESF assistance, the amount
specified in paragraph (2) for each such fiscal year is
authorized to be made available for Israel. Such funds are
authorized to be made available on a grant basis as a cash
transfer.
``(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.
``(3) Additional esf assistance for fiscal year 2003.--Only
for fiscal year 2003, in addition to the amount computed under
paragraph (2) for that fiscal year, an additional amount of
$200,000,000 is authorized to be made available for ESF
assistance for Israel, notwithstanding section 531(e) or 660(a)
of the Foreign Assistance Act of 1961, for defensive,
nonlethal, antiterrorism assistance, which amount shall be
considered, for purposes of subsection (d), as an amount
appropriated by an Act making supplemental appropriations.
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``(c) FMF Program.--
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``(1) In general.--Of the amount made available for each of
the fiscal years 2002 and 2003 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 years 2002 and 2003 shall be
disbursed not later than 30 days after the date of enactment of
an Act making appropriations for foreign operations, export
financing, and related programs for fiscal year 2002, and not
later than 30 days after the date of enactment of an Act making
appropriations for foreign operations, export financing, and
related programs for fiscal year 2003, or October 31 of the
respective fiscal year, whichever 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 years 2002 and 2003 shall, as agreed by Israel and
the United States, be available for advanced weapons systems,
of which not less than $535,000,000 for fiscal year 2002 and
not less than $550,000,000 for fiscal year 2003 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 2002 and 2003 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.
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``(c) FMF Program.--Of the amount made available for each of the
fiscal years 2002 and 2003 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 years 2002 and 2003 shall be
disbursed to an interest-bearing account for Egypt in the Federal
Reserve Bank of New York not later than 30 days after the date of
enactment of an Act making appropriations for foreign operations,
export financing, and related programs for fiscal year 2002, and not
later than 30 days after the date of enactment of an Act making
appropriations for foreign operations, export financing, and related
programs for fiscal year 2003, or by October 31 of the respective
fiscal year, whichever is later, provided that--
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``(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.
``(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.''.
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The Security Assistance Act of 2002 (division B of Public Law 107-
228; 116 Stat. 1425) provides the following:
``SEC. 1222. SECURITY ASSISTANCE FOR GREECE AND TURKEY.
``(a) In General.--Of the amount made available for the fiscal year
2003 to carry out chapter 5 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2347 et seq.)--
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``(1) $1,120,000 for fiscal year 2003 is authorized to be
available for Greece; and
``(2) $2,800,000 for fiscal year 2003 is authorized to be
available for Turkey.
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``(b) Use for Professional Military Education.--Of the amounts
available under paragraphs (1) and (2) of subsection (a) for fiscal
year 2003, $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 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.
``(d) Repeal.--Effective October 1, 2002, section 512 of the
Security Assistance Act of 2000 (Public Law 106-280; 114 Stat. 856) is
repealed.
``SEC. 1223. SECURITY ASSISTANCE FOR CERTAIN OTHER COUNTRIES.
``(a) FMF for Certain Other Countries.--Of the total amount made
available for the fiscal year 2003 under section 23 of the Arms Export
Control Act (22 U.S.C. 2763), the following amounts are authorized to
be available on a grant basis for the following countries:
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``(1) The baltic states.--For all of the Baltic states of
Estonia, Latvia, and Lithuania, $22,000,000.
``(2) Bulgaria.--For Bulgaria, $11,000,000.
``(3) The czech republic.--For the Czech Republic,
$11,000,000.
``(4) Georgia.--For Georgia, $7,000,000.
``(5) Hungary.--For Hungary, $11,000,000.
``(6) Jordan.--For Jordan, $198,000,000.
``(7) Malta.--For Malta, $1,150,000.
``(8) The philippines.--For the Philippines, $25,000,000.
``(9) Poland.--For Poland, $16,000,000.
``(10) Romania.--For Romania, $12,000,000.
``(11) Slovakia.--For Slovakia, $9,000,000.
``(12) Slovenia.--For Slovenia, $5,000,000.
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``(b) IMET.--Of the amount made available for the fiscal year 2003
to carry out chapter 5 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2347 et seq.), the following amounts are authorized to be
available for the following countries:
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``(1) The baltic states.--For all of the Baltic states of
Estonia, Latvia, and Lithuania, $3,300,000.
``(2) Bulgaria.--For Bulgaria, $1,370,000.
``(3) The czech republic.--For the Czech Republic,
$1,900,000.
``(4) Georgia.--For Georgia, $1,200,000.
``(5) Hungary.--For Hungary, $1,900,000.
``(6) Jordan.--For Jordan, $4,000,000.
``(7) Malta.--For Malta, $350,000.
``(8) The philippines.--For the Philippines, $2,000,000.
``(9) Poland.--For Poland, $2,000,000.
``(10) Romania.--For Romania, $1,500,000.
``(11) Slovakia.--For Slovakia, $950,000.
``(12) Slovenia.--For Slovenia, $950,000.
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``(c) Repeals.--Sections 511 (a) and (b) and 515 of the Security
Assistance Act of 2000 are repealed.
``SEC. 1224. ASSISTANCE TO LEBANON.
``(a) Prohibition.--Notwithstanding any other provision of law,
$10,000,000 of the amounts made available for fiscal year 2003 or any
subsequent fiscal year that are allocated for assistance to Lebanon
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) may not be
obligated unless and until the President certifies to the appropriate
congressional committees that--
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``(1) the armed forces of Lebanon have been deployed to the
internationally recognized border between Lebanon and Israel;
and
``(2) the Government of Lebanon is effectively asserting its
authority in the area in which such armed forces have been
deployed.
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``(b) Requirement Relating to Funds Withheld.--Notwithstanding any
other provision of law, any funds withheld pursuant to subsection (a)
may not be programmed in order to be used for a purpose other than for
assistance to Lebanon until the last month of the fiscal year in which
the authority to obligate such funds lapses.''.
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(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 \753\
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\753\ The authorization under this chapter, incorporated into this
law 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 2003--no
authorization. See, however, recent Security Assistance Acts, in
Legislation on Foreign Relations Through 2002, vol. I-B.
Title II of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 166), provided the following:
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``ECONOMIC SUPPORT FUND
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of chapter 4
of part II, $2,270,000,000, to remain available until September 30,
2004: Provided, That of the funds appropriated under this heading, not
less than $600,000,000 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: Provided
further, That not less than $615,000,000 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,
$250,000,000 should be made available for assistance for Jordan:
Provided further, That of the funds appropriated under this heading, up
to $1,000,000 should be used to further legal reforms in the West Bank
and Gaza, including judicial training on commercial disputes and
ethics: Provided further, That not to exceed $200,000,000 of the funds
appropriated under this heading in this Act may be made available for
the costs, as defined in section 502 of the Congressional Budget Act of
1974, of modifying direct loans and guarantees for Pakistan: Provided
further, That not to exceed $15,000,000 of the funds appropriated under
this heading in Public Law 107-206, the Supplemental Appropriations Act
for Further Recovery From and Response To Terrorist Attacks on the
United States, FY 2002, may be made available for the costs, as defined
in section 502 of the Congressional Budget Act of 1974, of modifying
direct loans and guarantees for Jordan: Provided further, That not less
than $15,000,000 of the funds appropriated under this heading 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: Provided further, That not less than $35,000,000
of the funds appropriated under this heading shall be made available
for assistance for Lebanon to be used, among other programs, for
scholarships and direct support of the American educational
institutions in Lebanon: Provided further, That notwithstanding section
534(a) of this Act, funds appropriated under this heading that are made
available for assistance for the Central Government of Lebanon shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Government of Lebanon should
enforce the custody and international pickup orders, issued during
calendar year 2001, of Lebanon's civil courts regarding abducted
American children in Lebanon: Provided further, That of the funds
appropriated under this heading, $60,000,000 shall be made available
for the United States Agency for International Development for
assistance for Indonesia: Provided further, That of the funds
appropriated under this heading, not less than $25,000,000 shall be
made available for assistance for the Democratic Republic of Timor-
Leste of which up to $1,000,000 may be available for administrative
expenses of the United States Agency for International Development:
Provided further, That of the funds appropriated under this heading,
not less than $2,000,000 should be made available for assistance for
countries to implement and enforce the Kimberley Process Certification
Scheme: Provided further, That $3,000,000 should be made available for
the international youth exchange program for secondary school students
from countries with significant Muslim populations: Provided further,
That 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: Provided further,
That of the funds appropriated under this heading, not less than
$10,000,000 should be made available during fiscal year 2003 for a
contribution to the Special Court for Sierra Leone: Provided further,
That with respect to funds appropriated under this heading in this Act
or prior Acts making appropriations for foreign operations, export
financing, and related programs, the responsibility for policy
decisions and justifications for the use of such funds, including
whether there will be a program for a country that uses those funds and
the amount of each such program, shall be the responsibility of the
Secretary of State and the Deputy Secretary of State and this
responsibility shall not be delegated.''.
See also title II in that Act, paragraph relating to Eastern Europe
and the Baltic states (117 Stat. 168), and title V in that Act,
including: sec. 515--Notification Requirements (117 Stat. 184); sec.
521--Definition of Program, Project, and Activity (117 Stat. 187); sec.
523--Afghanisan (117 Stat. 188); sec. 526--Democracy Programs (117
Stat. 189); sec. 536--Administration of Justice Activities (117 Stat.
195); sec. 549--Probition of Payment of Certain Expenses (117 Stat.
199); sec. 558--Burma (117 Stat. 202); sec. 560--Cambodia (117 Stat.
203); 567--Iraq (117 Stat. 206); sec. 568--West Bank and Gaza Program
(117 Stat. 208); and sec. 584--Trade Capacity Building (117 Stat. 215).
Title I, chapter 3 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 574), provided
the following:
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``Economic Support Fund
---------------------------------------------------------------------------
``For an additional amount for `Economic Support Fund',
$2,422,000,000, of which:
---------------------------------------------------------------------------
``(1) not less than $700,000,000 shall be made available for
assistance for Jordan;
``(2) $300,000,000, to remain available until September 30,
2005, shall be made available only for grants for Egypt:
Provided, That during the period beginning March 1, 2003, and
ending September 30, 2005, loan guarantees may be made to
Egypt, the principal amount, any part of which is to be
guaranteed, shall not exceed $2,000,000,000: Provided further,
That the Government of Egypt will incur all the costs, as
defined in section 502 of the Federal Credit Reform Act of
1990, as amended, associated with these loan guarantees,
including any non-repayment exposure risk: Provided further,
That all fees associated with these loan guarantees, including
subsidy and administrative costs, shall be paid by the
Government of Egypt to the Government of the United States:
Provided further, That funds made available under this
paragraph and other funds appropriated to carry out chapter 4
of part II of the Foreign Assistance Act of 1961 and made
available for assistance for Egypt may be used by the
Government of Egypt to pay such fees to the United States
Government: Provided further, That such guarantees shall
constitute obligations, in accordance with the terms of such
guarantees, of the United States and the full faith and credit
of the United States is hereby pledged for full payment and
performance of such obligations: Provided further, That the
President shall determine the terms and conditions for issuing
the economic assistance authorized by this paragraph and should
take into consideration budgetary and economic reforms
undertaken by Egypt: Provided further, That 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 such economic assistance not yet outlayed under this
paragraph;
``(3) not to exceed $1,000,000,000, to remain available until
September 30, 2005, for grants for Turkey: Provided, That
during the period beginning March 1, 2003, and ending September
30, 2005, direct loans or loan guarantees may be made to
Turkey, the principal amount of direct loans or loans, any part
of which is to be guaranteed, shall not exceed $8,500,000,000:
Provided further, That the Government of Turkey will incur all
the costs, as defined in section 502 of the Federal Credit
Reform Act of 1990, as amended, associated with these loans or
loan guarantees, including any non-repayment exposure risk:
Provided further, That all fees associated with these loans or
loan guarantees, including subsidy and administrative costs,
shall be paid by the Government of Turkey to the Government of
the United States: Provided further, That funds made available
under this paragraph and other funds appropriated to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961 and
made available for assistance for Turkey may be used by the
Government of Turkey to pay such fees to the United States
Government: Provided further, That such guarantees shall
constitute obligations, in accordance with the terms of such
guarantees, of the United States and the full faith and credit
of the United States is hereby pledged for the full payment and
performance of such obligations: Provided further, That none of
the funds made available by this paragraph may be made
available for assistance for Turkey if the Secretary of State
determines and reports to the Committees on Appropriations of
the House and Senate, the Committee on Foreign Relations of the
Senate and Committee on International Relations of the House
that the Government of Turkey is not cooperating with the
United States in Operation Iraqi Freedom, including the
facilitation of humanitarian assistance to Iraq, or has
unilaterally deployed troops into northern Iraq: Provided
further, That the President shall determine the terms and
conditions for issuing the economic assistance authorized by
this paragraph and should take into consideration budgetary and
economic reforms undertaken by Turkey: Provided further, That
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 such economic assistance not yet
outlayed under this paragraph: Provided further, That any
balance of funds not made available to Turkey under this
paragraph shall be transferred to, and merged with, funds
appropriated for `Iraq Relief and Reconstruction Fund';
``(4) not less than $30,000,000 for the Philippines to
further prospects for peace in Mindanao, and not less than
$167,000,000 for assistance for Afghanistan: Provided, That of
the funds appropriated under this heading, $10,000,000 should
be made available for investigations and research into
allegations of war crimes, crimes against humanity, or genocide
committed by Saddam Hussein or other Iraqis, and for a
contribution to an international tribunal to bring these
individuals to justice;
``(5) regional funds made available under this heading for
assistance that are not specified in paragraphs (1) through (4)
shall be subject to the regular notification procedures of the
Committees on Appropriations; and
``(6) unless otherwise specified herein, funds appropriated
under this heading shall remain available until September 30,
2004.''.
(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).\753\
(b) Amounts appropriated to carry out this chapter are
authorized to remain available until expended.
Sec. 533.\754\ Emergency Assistance.--(a) Of the funds
appropriated to carry out this chapter up to $75,000,000 for
the fiscal year 1986 and up to $75,000,000 for the fiscal year
1987 may be made available for emergency use under this chapter
when the national interests of the United States urgently
require economic support to promote economic or political
stability.
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\754\ 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''.
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(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.\755\, \756\ Administration of
Justice.--(a) The President may furnish assistance under this
chapter to countries and organizations, including national and
regional institutions, in order to strengthen the
administration of justice in countries in Latin America and the
Caribbean.
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\755\ 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).
\756\ Sec. 536 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 195), provided the following:
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``ADMINISTRATION OF JUSTICE ACTIVITIES
---------------------------------------------------------------------------
``Sec. 536. 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.''.
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(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) \757\ notwithstanding section 660 of this Act--
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\757\ 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.
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(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) \756\ 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 \758\ of the
House of Representatives and the Committee on Foreign Relations
of the Senate are notified of the amount and nature of the
proposed assistance at least 15 days in advance in accordance
with the procedures applicable to reprogrammings pursuant to
section 634A of this Act.
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\758\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(e) \756\, \759\ 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
\760\ to carry out the provisions of subsection (b)(3) of this
section. The authority of this section shall expire on
September 30, 1991.
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\759\ 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.
\760\ 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.
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Sec. 535.\761\ Economic Support for Disadvantaged South
Africans. * * * [Repealed--1993]
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\761\ 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.
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Chapter 5--International Military Education and Training \762\
Sec. 541.\763\ 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 \764\ and individuals
who are not members of the government,\765\ 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) \766\ improve military justice
systems and procedures in accordance with internationally
recognized human rights.\767\ Such training and education may
be provided through--
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\762\ 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).
\763\ 22 U.S.C. 2347.
\764\ 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''.
\765\ Sec. 112(a) of Public Law 104-164 (110 Stat. 1427) added
``and individuals who are not members of the government'' after
``legislators''.
\766\ 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).
\767\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 1997), added this sentence.
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(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.\768\ 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.\769\, \770\
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\768\ 22 U.S.C. 2347a.
\769\ 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; and fiscal year 2003 (in Public Law
107-228)--$85,000,000.
Authorization for fiscal year 2003 was enacted in sec. 1211 of the
Security Assistance Act of 2002 (division B of Public Law 107-228; 116
Stat. 1428), which provided the following:
``SEC. 1211. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the President
$85,000,000 for fiscal year 2003 to carry out chapter 5 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to
international military education and training).''.
Title III of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 176), provided the following:
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``INTERNATIONAL MILITARY EDUCATION AND TRAINING
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``For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $80,000,000, of which up to
$3,000,000 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 military education and training for Guatemala may only be
available for expanded international military education and training
and funds made available for Algeria, Nigeria and Guatemala may only be
provided through the regular notification procedures of the Committees
on Appropriations.''.
See also in that Act: sec. 505--Limitation on Representational
Allowances (117 Stat. 180); 515--Notification Requirements (117 Stat.
184); sec. 549--Prohibition of Payment of Certain Expenses (117 Stat.
199); sec. 557--Nigeria (117 Stat. 202); and sec. 581--Training Program
Evaluation (117 Stat. 213).
\770\ 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.
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Sec. 543.\771\ Purposes.--Education and training activities
conducted under this chapter shall be designed--
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\771\ 22 U.S.C. 2347b.
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(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) \772\ to increase the awareness of nationals of
foreign countries participating in such activities of
basic issues involving internationally recognized human
rights.
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\772\ Par. (3) was added by sec. 11(b)(3) of the International
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736).
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Sec. 544.\773\ Exchange Training.--(a) \774\ 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 \775\
(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.
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\773\ 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).
\774\ Sec. 112(b) of Public Law 104-164 (110 Stat. 1427) added
subsec. designation ``(a)'' and added subsec. (b).
\775\ 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).''.
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(b) \774\ 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.
(c) \776\ (1) The President is authorized to enter into
cooperative arrangements providing for the participation of
foreign and United States military and civilian defense
personnel in post-undergraduate flying training and tactical
leadership programs at training locations in Southwest Asia
without charge to participating foreign countries, and without
charge to funds available to carry out this chapter
(notwithstanding section 632(d) of this Act). Such training
must satisfy common requirements with the United States for
post-undergraduate flying and tactical leadership training.
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\776\ Sec. 1213 of the Security Assistance Act of 2002 (division B
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433) added subsec. (c).
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(2) Cooperative arrangements under this subsection shall
require an equitable contribution of support and services from
each participating country. The President may waive the
requirement for an equitable contribution of a participating
foreign country if he determines that to do so is important to
the national security interests of the United States.
(3) Costs incurred by the United States shall be charged to
the current applicable appropriations accounts or funds of the
participating United States Government agencies.
Sec. 545.\777\ Training in Maritime Skills.--The President
is encouraged to allocate a portion of the funds made available
each fiscal year to carry out this chapter for use in providing
education and training in maritime search and rescue, operation
and maintenance of aids to navigation, port security, at-sea
law enforcement, international maritime law, and general
maritime skills.
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\777\ 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).
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SEC. 546.\778\ PROHIBITION ON GRANT ASSISTANCE FOR CERTAIN HIGH INCOME
FOREIGN COUNTRIES.
(a) In General.--None of the funds made available for a
fiscal year for assistance under this chapter may be made
available for assistance on a grant basis for any of the high-
income foreign countries described in subsection (b) for
military education and training of military and related
civilian personnel of such country.
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\778\ 22 U.S.C. 2347c. Added by sec. 112(c)(1) of Public Law 104-
164 (110 Stat. 1427).
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(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.\779\ 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.
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\779\ 22 U.S.C. 2347f. Added by sec. 202 of the Security Assistance
Act of 2000 (Public Law 106-280; 114 Stat. 851).
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SEC. 548.\780\ RECORDS REGARDING FOREIGN PARTICIPANTS.
(a) Development and Maintenance of Database.--In \781\
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.
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\780\ 22 USC 2347g. Added by sec. 202 of the Security Assistance
Act of 2000 (Public Law 106-280; 114 Stat. 851).
Sec. 581 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 213), provided the following:
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``TRAINING PROGRAM EVALUATION
---------------------------------------------------------------------------
``Sec. 581. Not later than June 30, 2003, the Secretary of State,
in consultation with the Secretary of Defense, shall submit a report to
the Committees on Appropriations describing in detail the steps that
the Departments of State and Defense are making to improve performance
evaluation procedures for the International Military Education and
Training (IMET) program and the progress that the Departments of State
and Defense are making in implementing section 548 of the Foreign
Assistance Act of 1961.''.
\781\ Sec. 1212(b)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1429) struck out ``In''
and inserted in lieu thereof ``(a) Development and Maintenance of
Database.--In''.
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(b) \782\ Annual List of Foreign Personnel.--For the
purposes of preparing the report required pursuant to section
549 of this Act, the Secretary of State may annually request
the Secretary of Defense to provide information contained in
the database, with respect to a list submitted to the Secretary
of Defense by the Secretary of State, that contains the names
of foreign personnel or military units. To the extent
practicable, the Secretary of Defense shall provide, and the
Secretary of State may take into account, the information
contained in the database, if any, relating to the Secretary of
State's submission.
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\782\ Sec. 1212(b)(2) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1429) added subsecs.
(b) and (c).
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(c) \782\ Updating of Database.--If the Secretary of State
determines and reports to Congress under section 549 of this
Act that a foreign person identified in the database maintained
pursuant to this section was involved in a violation of
internationally recognized human rights, the Secretary of
Defense shall ensure that the database is updated to contain
such fact and all relevant information.
SEC. 549.\783\ HUMAN RIGHTS REPORT.
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\783\ 22 U.S.C. 2347h. Added by sec. 1212(a) of the Security
Assistance Act of 2002 (division B of Public Law 107-228; 116 Stat.
1428).
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(a) In General.--Not later than March 1 of each year, the
Secretary of State shall submit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report describing, to the extent practicable, any
involvement of a foreign military or defense ministry civilian
participant in education and training activities under this
chapter in a violation of internationally recognized human
rights reported under section 116(d) of this Act subsequent to
such participation.
(b) Form.--The report described in subsection (a) shall be
in unclassified form, but may include a classified annex.
Chapter 6--Peacekeeping Operations \784\
Sec. 551.\785\ 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,\786\
except that such reimbursements may not exceed $5,000,000 in
any fiscal year unless a greater amount is specifically
authorized by this section.\787\
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\784\ Ch. 6 was added by sec. 12(a) of the International Security
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 736).
\785\ 22 U.S.C. 2348.
\786\ For text, see Legislation on Foreign Relations Through 2002,
vol. II, sec. H.
\787\ 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).
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Sec. 552.\788\ 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.\789\
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\788\ 22 U.S.C. 2348a.
\789\ 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 year 2000 (in Public Law 106-113)--$500,000,000 ;
fiscal year 2001 (in Public Law 106-113)--``such funds as may be
necessary''; fiscal year 2002--no authorization; and fiscal year 2003
(in Public Law 107-228)--$725,981,000.
For fiscal year 2003, sec. 113 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat.
1358), provided the following:
``SEC. 107. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
``(a) * * *
``(b) Contributions for International Peacekeeping Activities.--
There is authorized to be appropriated under the heading `Contributions
for International Peacekeeping Activities' $725,981,000 for the fiscal
year 2003 for the Department to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign affairs of
the United States with respect to international peacekeeping activities
and to carry out other authorities in law consistent with such
purposes.''.
The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7), waived the
requirements for authorization, and title III of that Act (at 117 Stat.
177) provided the following:
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``PEACEKEEPING OPERATIONS
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $115,000,000: 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 (117
Stat. 184).
Title I, chapter 3 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 578), provided
the following:
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``Peacekeeping Operations
---------------------------------------------------------------------------
``For an additional amount for `Peacekeeping Operations',
$100,000,000, to remain available until September 30, 2004.
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* * * * * * *
``GENERAL PROVISIONS, THIS CHAPTER
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``Sec. 1501. Any appropriation made available in this chapter under
the headings `International Disaster Assistance', `United States
Emergency Refugee and Migration Assistance Fund', `Nonproliferation,
Anti-Terrorism, Demining and Related Programs', `Peacekeeping
Operations', or `Iraq Relief and Reconstruction Fund' may be
transferred between such appropriations for use for any of the purposes
for which the funds in such receiving account may be used: Provided,
That the total amount transferred from funds appropriated under these
headings shall not exceed $100,000,000: Provided further, That the
Secretary of State shall consult with the Committees on Appropriations
prior to exercising the authority contained in this section: 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, except that notification shall be
transmitted at least 5 days in advance of the obligations of funds.''.
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 2002, vol. II, sec. G.
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(b) Amounts appropriated under this section are authorized
to remain available until expended.
(c) \790\ 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 \791\ (2) \792\
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.
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\790\ Subsec. (c) was added by sec. 10(c) of the International
Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 705).
Sec. 546 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 198), provided the following:
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``WAR CRIMES TRIBUNALS DRAWDOWN
---------------------------------------------------------------------------
``Sec. 546. 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 or authorize 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 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.''.
\791\ 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.
\792\ 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).
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(d) \792\ 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.\793\ Middle East Special Requirements Fund. * * *
[Repealed--1980]
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\793\ 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).
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Sec. 553.\794\ 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.
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\794\ 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).
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SEC. 554.\795\ 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.
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\795\ 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.
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(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 \796\
Sec. 561.\797\ General Authority.--The President is
authorized--
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\796\ Ch. 7 was added by sec. 3 of the Special International
Security Assistance Act of 1979 (Public Law 96-35; 93 Stat. 89).
\797\ 22 U.S.C. 2349.
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(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.\798\ 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.\799\
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\798\ 22 U.S.C. 2349a.
\799\ 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.''.
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(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.\800\ 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.
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\800\ 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 2002, vol. I-B.
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(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 \801\
Sec. 571.\802\ General Authority.--Notwithstanding any
other provision of law that restricts assistance to foreign
countries (other than sections 502B and 620A of this Act),\803\
the President is authorized to furnish, on such terms and
conditions as the President may determine, assistance to
foreign countries in order to enhance the ability of their law
enforcement personnel to deter terrorists and terrorist groups
from engaging in international terrorist acts such as bombing,
kidnaping, assassination, hostage taking, and hijacking. Such
assistance may include training services and the provision of
equipment and other commodities related to bomb detection and
disposal, management of hostage situations, physical security,
and other matters relating to the detection, deterrence, and
prevention of acts of terrorism, the resolution of terrorist
incidents, and the apprehension of those involved in such acts.
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\801\ 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).''.
\802\ 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.
\803\ 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)''.
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Sec. 572.\804\ Purposes.--Activities conducted under this
chapter shall be designed--
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\804\ 22 U.S.C. 2349aa-1.
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(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.\805\ Limitations.--(a) Whenever the President
determines it to be consistent with and in furtherance of the
purposes of this chapter, and on such terms and conditions
consistent with this Act as he may determine, any agency of the
United States Government is authorized to furnish services and
commodities, without charge to funds available to carry out
this chapter, to an eligible foreign country, subject to
payment in advance of the value thereof (within the meaning of
section 644(m)) in United States dollars by the foreign
country. Credits and the proceeds of guaranteed loans made
available to such countries pursuant to the Arms Export Control
Act shall not be used for such payments. Collections under this
chapter shall be credited to the currently applicable
appropriation, account, or fund of the agency providing such
services and commodities and shall be available for the
purposes for which such appropriation, account, or fund is
authorized to be used.
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\805\ 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.''.
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(b) The Assistant Secretary of State for Democracy, Human
Rights, and Labor \806\ shall be consulted in the \807\
determinations of the foreign countries that will be furnished
assistance under this chapter and determinations of the nature
of assistance to be furnished to each such country.
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\806\ 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''.
\807\ 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.
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(c) \808\ (1) Arms and ammunition may be provided under
this chapter only if they are directly related to antiterrorism
assistance.
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\808\ 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--* * *
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``(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:
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``(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.''.
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(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) \809\ [Repealed--1996]
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\809\ 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.''.
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Sec. 574.\810\ * * * [Repealed--1996]
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\810\ 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.
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Sec. 574.\811\ 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, $73,000,000 for
fiscal year 2002, and $64,200,000 for fiscal year 2003.
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\811\ 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. 1251 of the
Security Assistance Act of 2002 (division B of the Foreign Relations
Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat.
1433) added funding levels for fiscal year 2003. Previously, 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.''. 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, 2003 (division E of Public Law 108-7; 117
Stat. 175), provided the following:
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``NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
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``For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $306,400,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, 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, and 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),
consistent with the provisions of section 562 of this Act, and for a
United States contribution to 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 following consultation with the
appropriate committees of Congress: 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 made available for demining and
related activities, not to exceed $675,000, 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: Provided further, That the Secretary of State is authorized to
provide not to exceed $250,000 for public-private partnerships for mine
action by grant, cooperative agreement, or contract.''.
See also in that Act: sec. 506--Prohibition on Financing Nuclear
Goods (117 Stat. 181); sec. 515--Notification Requirements (117 Stat.
184); sec. 517--Independent States of the Former Soviet Union (117
Stat. 185); and sec. 562--Korean Peninsula Energy Development
Organization (117 Stat. 204).
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--
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``(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.
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``(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--
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``(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.\812\ 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.
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\812\ 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).
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Sec. 577.\813\ * * * [Repealed--1985]
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\813\ 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.
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CHAPTER 9--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE \814\
SEC. 581.\815\ 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--
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\814\ Sec. 301 of the Security Assistance Act of 2000 (Public Law
106-280; 114 Stat. 851) added chapter 9, secs. 581-585. Sec. 584 and
585 were subsequently redesignated as secs. 585 and 586, respectively,
by sec. 1303 of the Security Assistance Act of 2002 (division B of the
Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-
228; 116 Stat. 1436), which also added a new sec. 584.
\815\ 22 U.S.C. 2349bb.
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(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.\816\ 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.
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\816\ 22 U.S.C. 2349bb-1.
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SEC. 583.\817\ 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.
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\817\ 22 U.S.C. 2349bb-2.
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(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.\818\ INTERNATIONAL NONPROLIFERATION EXPORT CONTROL TRAINING.
(a) General Authority.--The President is authorized to
furnish, on such terms and conditions consistent with this
chapter (but whenever feasible on a reimbursable basis),
education and training to appropriate military and civilian
personnel of foreign countries for the purpose of enhancing the
nonproliferation and export control capabilities of such
personnel through their attendance in special courses of
instruction conducted by the United States.
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\818\ 22 U.S.C. 2349bb-2a. Sec. 1303 of the Security Assistance Act
of 2002 (division B of the Foreign Relations Authorization Act, Fiscal
Year 2003; Public Law 107-228; 116 Stat. 1436) redesignated secs. 584
and 585 as secs. 585 and 586, respectively, and added a new sec. 584.
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(b) Administration of Courses.--The Secretary of State
shall have overall responsibility for the development and
conduct of international nonproliferation education and
training programs under this section, and may utilize other
departments and agencies of the United States, as appropriate,
to recommend personnel for the education and training and to
administer specific courses of instruction.
(c) Purposes.--Education and training activities conducted
under this section shall be--
(1) of a technical nature, emphasizing techniques for
detecting, deterring, monitoring, interdicting, and
countering proliferation;
(2) designed to encourage effective and mutually
beneficial relations and increased understanding
between the United States and friendly countries; and
(3) designed to improve the ability of friendly
countries to utilize their resources with maximum
effectiveness, thereby contributing to greater self-
reliance by such countries.
(d) Priority to Certain Countries.--In selecting personnel
for education and training pursuant to this section, priority
should be given to personnel from countries determined by the
Secretary of State to be countries frequently transited by
proliferation-related shipments of cargo.
SEC. 585.\819\ LIMITATIONS.
The limitations contained in section 573(a) and (d) of this
Act shall apply to this chapter.
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\819\ 22 U.S.C. 2349bb-3. Originally enacted as sec. 584;
redesignated as sec. 585 by sec. 1303(1) of the Security Assistance Act
of 2002 (division B of the Foreign Relations Authorization Act, Fiscal
Year 2003; Public Law 107-228; 116 Stat. 1436).
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SEC. 586.\820\ AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the President to carry out this chapter
$162,000,000 for fiscal year 2003.\821\
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\820\ 22 U.S.C. 2349bb-4. Originally enacted as sec. 585;
redesignated as sec. 586 by sec. 1303(1) of the Security Assistance Act
of 2002 (division B of the Foreign Relations Authorization Act, Fiscal
Year 2003; Public Law 107-228; 116 Stat. 1436).
Sec. 1301(b) of the Security Assistance Act of 2002 (division B of
the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law
107-228; 116 Stat. 1433) provided the following:
``(b) Suballocations.--Of the amount authorized to be appropriated
to the President for fiscal year 2003 by section 585 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349bb-4)--
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``(1) $2,000,000 is authorized to be available for such
fiscal year for the purpose of carrying out section 584 of the
Foreign Assistance Act of 1961, as added by section 1303 of
this Act; and
``(2) $65,000,000 for fiscal year 2003 are authorized to be
available for science and technology centers in the independent
states of the former Soviet Union.''.
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See also secs. 303 and 304 of the Security Assistance Act of 2000
(Public Law 106-280; 114 Stat. 853), in Legislation on Foreign
Relations Through 2002, vol. I-B.
\821\ Sec. 1301(a)(1) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1435) struck out ``$129,000,000 for
fiscal year 2001 and $142,000,000 for fiscal year 2002.'' and inserted
in lieu thereof ``$162,000,000 for fiscal year 2003.''.
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(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) \822\ Treatment of Appropriations.--Amounts made
available by the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002,\822\ 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.
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\822\ Sec. 1301(a)(2) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1435) struck out ``Fiscal Year
2001'' in the subsec. heading; and in the text struck out ``2001'' and
inserted in lieu thereof ``2002''.
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(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.\823\ 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.
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\823\ 22 U.S.C. 2351.
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(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) \824\ 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;
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\824\ Sec. 301(a)(2) of the FA Act of 1966 redesignated paras. (2),
(3), (4), (5), and (6) as paras. (3), (4), (5), (6), and (7),
respectively, and added a new para. (2).
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(4) \824\ 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) \824\ to the maximum extent practicable \825\
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
\826\ to any individual, corporation, or other body of
persons; \825\
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\825\ 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.
\826\ 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''.
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(6) \827\ 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;
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\827\ 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.
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(7) \827\ 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) \828\ 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.
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\828\ Sec. 301(a)(3) of the FA Act of 1966 added par. (8).
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(c) \829\ (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.\830\ The members of the Council shall serve at the
pleasure of the Administrator, who shall designate one member
to serve as Chairman.
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\829\ 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.''.
\830\ 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).
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(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.\830\
(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 \831\ for travel and other expenses incurred
by them in the performance of their functions under this
subsection.
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\831\ 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.
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(4) The expenses of the Advisory Council shall be paid by
the Administrator from funds otherwise available under this
Act.
(d) \832\ 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.\833\
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\832\ Subsec. (d) was added by sec. 301(b) of the FA Act of 1964.
\833\ 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).
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(e) \834\ (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.
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\834\ Subsec. (e) was added by sec. 501 of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 956).
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(2) \835\ * * * [Repealed--1981]
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\835\ 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).
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Sec. 602.\836\ 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--
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\836\ 22 U.S.C. 2352.
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(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.\837\ 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.
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\837\ 22 U.S.C. 2353.
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Sec. 604.\838\ 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--
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\838\ 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.''.
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(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) \839\ 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.
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\839\ 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 2002,
vol. I-B.
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(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) \840\ 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.
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\840\ 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).
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(f) \841\ 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.
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\841\ Subsec. (f) was added by sec. 301(a) of the FA Act of 1968.
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(g) \842\ (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.
---------------------------------------------------------------------------
\842\ 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).
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(2) \843\ Paragraph (1) does not apply with respect to an
advanced developing country which--
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\843\ Par. (2) was added by sec. 1207 of the International Security
and Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat.
278).
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(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.\844\ Retention and Use of Certain Items and
Funds.--(a) Any commodities and defense articles procured to
carry out this Act shall be retained by, or upon reimbursement,
transferred to, and for the use of, such agency of the United
States Government as the President may determine in lieu of
being disposed of to a foreign country or international
organization, whenever in the judgment of the President the
best interests of the United States will be served thereby or
whenever such retention is called for by concurrent resolution.
Any commodities or defense articles so retained may be disposed
of without regard to provisions of law relating to the disposal
of property owned by the United States Government, when
necessary to prevent spoilage or wastage of such commodities or
defense articles or to conserve the usefulness thereof. Funds
realized from any disposal or transfer shall revert to the
respective appropriation, fund, or account used to procure such
commodities or defense articles or to the appropriation, fund,
or account currently available for the same general purpose.
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\844\ 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.
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(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) \845\ Funds realized as a result of any failure of a
transaction financed under authority of part I of this Act to
conform to the requirements of this Act, or to applicable rules
and regulations of the United States Government, or to the
terms of any agreement or contract entered into under authority
of part I of this Act, shall revert to the respective
appropriation, fund, or account used to finance such
transaction or to the appropriation, fund, or account currently
available for the same general purpose.
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\845\ Subsecs. (c) and (d) were added by sec. 301(a)(2) of the FA
Act of 1965.
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(d) \845\ 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.\846\ Patents and Technical Information.--(a)
Whenever, in connection with the furnishing of assistance under
this Act--
---------------------------------------------------------------------------
\846\ 22 U.S.C. 2356.
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(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 \847\ within six
years after the cause of action arises. Any period during which
the United States Government is in possession of a written
claim under subsection (b) of this section before mailing a
notice of denial of that claim does not count in computing the
six years. In any such suit, the United States Government may
plead any defense that may be pleaded by a private person in
such an action. The last paragraph of section 1498(a) of title
28 of the United States Code shall apply to inventions and
information covered by this section.
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\847\ 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.
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(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.\848\ 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 \849\
(including foreign voluntary nonprofit relief agencies so
registered and approved when no United States voluntary
nonprofit relief agency is available).\850\ Such advances or
reimbursements may be credited to the currently applicable
appropriation, account, or fund of the agency concerned and
shall be available for the purposes for which such
appropriation, account, or fund is authorized to be used, under
the following circumstances:
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\848\ 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).
\849\ 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).
\850\ 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.''.
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(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.\851\
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\851\ 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.''.
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(b) \852\ 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.\853\
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\852\ 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).
\853\ 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.
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(c) \852\ (1) Except as provided in subsection (d),\854\ no
Government-owned excess property shall be made available under
this section, section 608, or otherwise in furtherance of the
purposes of part I of this Act, unless, before the shipment of
such property for use in a specified country (or transfer, if
the property is already in such country), the agency
administering such part I has approved such shipment (or
transfer) and made a written determination--
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\854\ 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).
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(A) \854\ that there is a need for such property in
the quantity requested and that such property is
suitable for the purpose requested;
(B) \854\ as to the status and responsibility of the
designated end-user and his ability effectively to use
and maintain such property; and
(C) \854\ 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) \855\ 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--
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\855\ 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.\856\ 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.\857\ 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,\858\ which may be used to
pay costs (including personnel costs) \859\ 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 \860\ or other
property, in advance of known requirements therefor for use in
furtherance of the purposes of part I: Provided, That the
amount of property classified as domestic excess property
pursuant to the Federal Property and Administrative Services
Act of 1949, as amended, held at any one time pursuant to this
section shall not exceed $15,000,000 in total original
acquisition cost. Property acquired pursuant to the preceding
sentence may be furnished (1) pursuant to any provision of part
I for which funds are authorized for the furnishing of
assistance, in which case the separate account established
pursuant to this section shall be repaid from funds made
available for such provision for all costs incurred, or (2)
pursuant to section 607, in which case such separate account
shall be repaid in accordance with the provisions of that
section for all costs incurred.
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\856\ 22 U.S.C. 2358. Title II of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2003 (division E of
Public Law 108-7; 117 Stat. 172), provided the following:
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``DEPARTMENT OF STATE
``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
---------------------------------------------------------------------------
``For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $197,000,000, to remain available until
expended: Provided, That during fiscal year 2003, 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: * * *.''.
\857\ 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).
\858\ 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).
\859\ The words ``(including personnel costs),'' were added by sec.
301(c) of the FA Act of 1966.
\860\ 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).
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(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.\861\ * * * [Repealed--1998]
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\861\ 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
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``(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.
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``(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.''.
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Sec. 610.\862\ Transfer Between Accounts.--(a) 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) \863\ may be
transferred to, and consolidated with, the funds made available
for any \863\ provision of this Act, (except funds made
available under chapter 2 of part II of this Act) \864\ and may
be used for any of the purposes for which such funds may be
used, except that the total in the provision for the benefit of
which the transfer is made shall not be increased by more than
20 per centum of the amount of funds made available for such
provision.
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\862\ 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, 2003 (division E of Public Law 108-7; 117
Stat. 182), provided the following:
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``TRANSFERS BETWEEN ACCOUNTS
---------------------------------------------------------------------------
``Sec. 509. (a) None of the funds made available by this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
``(b) Notwithstanding subsection (a), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
``(c) 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, not less than five days 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.
``(d) Any agreement for the transfer or allocation of funds
appropriated by this Act, or prior Acts, entered into between the
United States Agency for International Development and another agency
of the United States Government under the authority of section 632(a)
of the Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector General
for the agency receiving the transfer or allocation of such funds shall
perform periodic program and financial audits of the use of such funds:
Provided, That funds transferred under such authority may be made
available for the cost of such audits.''.
\863\ 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.''.
\864\ The parenthetical phrase was added by sec. 19(a)(1) of the FA
Act of 1974.
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(b) \862\ The authority contained in this section and in
sections 451, 506,\865\ 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.\866\
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\865\ Sec. 301(c) of the FA Act of 1967 inserted ``506'' for
``510''.
\866\ The final sentence of subsec. (b), which had been amended by
the FA Act of 1966, was repealed by sec. 10(b)(2) of the International
Security Assistance Act of 1978 (Public Law 95-424; 92 Stat. 735). It
formerly read as follows:
``Not to exceed $9,000,000 of the funds appropriated under section
402 of this Act for any fiscal year may be transferred to and
consolidated with appropriations made under section 637(a) of this Act
for the same fiscal year, subject to the further limitation that funds
so transferred shall be available solely for additional administrative
expenses incurred in connection with programs in Vietnam.''.
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(c) \867\ Any funds which the President has notified
Congress pursuant to section 653 that he intends to provide in
military assistance to any country may be transferred to, and
consolidated with, any other funds he has notified Congress
pursuant to such section that he intends to provide to that
country for development assistance purposes.
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\867\ Subsec. (c) was added by sec. 19(a)(2) of the FA Act of 1974.
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Sec. 611.\868\ 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 \869\ under
section 1501 of title 31, United States Code,\870\ 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--
\871\
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\868\ 22 U.S.C. 2361.
\869\ 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.
\870\ This reference to 31 U.S.C. 1501 replaced an earlier
reference to 31 U.S.C. 200.
\871\ The words ``chapter 1 of part I, title II of chapter 2 of
part I, or chapter 4 of part II'' were inserted in lieu of ``titles I,
II, and VI of chapter 2 and chapter 4 of part I'' by sec. 102(g)(2)(D)
of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 943).
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(1) if such agreement or grant requires substantive
technical or financial planning, until engineering,
financial, and other plans necessary to carry out such
assistance, and a reasonably firm estimate of the cost
to the United States Government of providing such
assistance, have been completed; and
(2) if such agreement or grant requires legislative
action within the recipient country, unless such
legislative action may reasonably be anticipated to be
completed in time to permit the orderly accomplishment
of the purposes of such agreement or grant.
(b) Plans required under subsection (a) of this section for
any water or related land resource construction project or
program shall include a computation of benefits and costs made
insofar as practicable in accordance with the principles,
standards, and procedures established pursuant to the Water
Resources Planning Act \872\ (42 U.S.C. 1962, et seq.) or acts
amendatory or supplementary thereto.
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\872\ 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.''.
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(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) \873\ 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 \874\
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.
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\873\ Subsec. (e) was added by sec. 301(d) of the FA Act of 1967.
\874\ 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).
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Sec. 612.\875\ 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.
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\875\ 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. 529 of
the Foreign Operations, Export Financing,and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7; 117 Stat.
190; 22 U.S.C. 2362 note), relating to separate accounts.
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(b) \876\ 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.
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\876\ 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).
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\877\ 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.
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\877\ 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.''.
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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.\878\
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\878\ This paragraph was added by sec. 301(b) of the FA Act of
1965.
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(c) \879\ 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.
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\879\ Subsec. (c) was added by sec. 301(e) of the FA Act of 1966.
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(d) \880\ 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,\881\ 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.
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\880\ Subsec. (d) was added by sec. 302 of the FA Act of 1969.
\881\ For text, see Legislation on Foreign Relations Through 2002,
vol. I-B.
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Sec. 613.\882\ Accounting, Valuation, Reporting, and
Administration of Foreign Currencies.\883\--(a) Under the
direction of the President, the Secretary of the Treasury shall
have responsibility for valuation and central accounting with
respect to foreign credits (including currencies) owed to or
owned by the United States. In order to carry out such
responsibility the Secretary shall issue regulations binding
upon all agencies of the Government.
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\882\ 22 U.S.C. 2363.
\883\ Sec. 301(c)(1) of the FA Act of 1965 inserted ``Accounting,
Valuation, Reporting, and Administration of Foreign Currencies'' for
``Accounting, Valuation, and Reporting of Foreign Currencies''.
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(b) The Secretary of the Treasury shall have sole authority
to establish for all foreign currencies or credits the exchange
rates at which such currencies are to be reported by all
agencies of the Government.
(c) \884\ * * * [Repealed--1981]
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\884\ 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.
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(d) \885\ 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.
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\885\ Subsec. (d) was added by sec. 301(c)(2) of the FA Act of
1965.
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Sec. 614.\886\ Special Authorities.--(a) \887\ (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.\888\
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\886\ 22 U.S.C. 2364.
\887\ 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.''.
\888\ Pursuant to sec. 506(a)(1) and sec. 614(a)(2), on May 30,
2002, the President determined that ``it is vital to the national
security interests of the United States to provide up to $4.5 million
in fiscal year 1997 and 1998 Foreign Military Financing Funds for
assistance to Georgia under section 23 of the Arms Export Control Act
without regard to any provision of law that might otherwise restrict
provision of such funds. I further determine that an unforeseen
emergency exists requiring immediate military assistance for Georgia
that cannot be met under the Arms Export Control Act or any other law,
and hereby direct the drawdown of defense articles and services from
the stocks of the Department of Defense, and military education and
training of the aggregate value of $21 million to meet that emergency
requirement. I hereby authorize the furnishing of this assistance.''
(Presidential Determination No. 02-20; 67 F.R. 39247).
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(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 \889\ and the Committee on Appropriations of the House
of Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
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\889\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(4) \890\ (A) The authority of this subsection may not be
used in any fiscal year to authorize--
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\890\ 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.''.
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(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 \891\ 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.
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\891\ Sec. 705(2) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``Communist or Communist-supported'' at this
point.
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(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.\892\ The
President shall fully inform the chairman and ranking minority
member of the Committee on Foreign Affairs \889\ 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.\893\
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\892\ See also secs. 624(d)(7) [repealed--1978; see note] and
636(a)(8) of this Act.
\893\ 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.''.
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Sec. 615.\894\ 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.
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\894\ 22 U.S.C. 2365.
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Sec. 616.\895\ 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.
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\895\ 22 U.S.C. 2366.
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SEC. 617.\896\ 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.
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\896\ 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.''.
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(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.\897\ Use of Settlement Receipts. * * *
[Repealed--1978]
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\897\ 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).
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Sec. 619.\897\ Assistance to Newly Independent Countries. *
* * [Repealed--1978]
Sec. 620.\898\ Prohibitions Against Furnishing
Assistance.\899\--(a)(1) \900\ No assistance shall be furnished
under this Act to the present government of Cuba.\901\ 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.
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\898\ 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--
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``(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.
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``(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)--
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``(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.
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``(e) Review of Suspension of Economic Embargo.--
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``(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.''.
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\899\ 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.--''.
\900\ Sec. 301(e)(1)(A) of the FA Act of 1963 inserted ``(1)''
after subsec. (a).
\901\ The phrase, ``; nor shall any such assistance be furnished to
any country which furnishes assistance to the present government of
Cuba unless the President determines that such assistance is in the
national interest of the United States'', which formerly appeared at
this point, was struck out by sec. 123(a)(1) of the International
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
541).
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(2) \902\ 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.
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\902\ 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).
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(b) \903\ * * * [Repealed--1981]
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\903\ 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.''.
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(c) \904\ No assistance shall be provided under this Act to
the government of any country which is indebted to any United
States citizen or person for goods or services furnished or
ordered where (i) such citizen or person has exhausted
available legal remedies, which shall include arbitration, or
(ii) the debt is not denied or contested by such government, or
(iii) such indebtedness arises under an unconditional guaranty
of payment given by such government, or any predecessor
government, directly or indirectly, through any controlled
entity: Provided, That the President does not find such action
contrary to the national security.
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\904\ 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.''.
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(d) No assistance shall be furnished on a loan basis under
chapter 1 of part I \905\ of this Act for construction or
operation of any productive enterprise in any country where
such enterprise will compete with United States enterprise
unless such country has agreed that it will establish
appropriate procedures to prevent the exportation for use or
consumption in the United States of more than 20 per centum of
the annual production of such facility during the life of the
loan. In case of failure to implement such agreement by the
other contracting party, the President is authorized to
establish necessary import controls to effectuate the
agreement. The restrictions imposed by or pursuant to this
subsection may be waived by the President where he determines
that such waiver is in the national security interest.
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\905\ 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).
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(e) \906\ (1) \907\ The President shall suspend assistance
to the government of any country to which assistance is
provided under this or any other Act when the government of
such country or any government agency or subdivision within
such country on or after January 1, 1962--
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\906\ 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.
\907\ 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 2002, vol. I-B.
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(A) \908\ 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
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\908\ Sec. 301(d)(2) of the FA Act of 1964 redesignated subpars.
(1), (2), and (3) as subpars. (A), (B), and (C), respectively.
---------------------------------------------------------------------------
(B) \908\ 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) \908\ 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.\909\
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\909\ 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.
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Upon request of the President (within seventy days after
such action referred to in subparagraphs (A), (B), or (C) of
paragraph (1) \910\ of this section), the Foreign Claims
Settlement Commission of the United States (established
pursuant to Reorganization Plan No. 1 of 1954, 68 Stat. 1279)
is hereby authorized to evaluate expropriated property,
determining the full value of any property nationalized,
expropriated, or seized, or subject to discriminatory or other
actions as aforesaid, for purposes of this subsection and to
render an advisory report to the President within ninety days
after such request. Unless authorized by the President, the
Commission shall not publish its advisory report except to the
citizen or entity owning such property. There is hereby
authorized to be appropriated such amount, to remain available
until expended, as may be necessary from time to time to enable
the Commission to carry out expeditiously its functions under
this subsection.
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\910\ 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)''.
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(2) \911\ 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 \912\
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.\913\
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\911\ Par. (2) was added by sec. 301(d)(4) of the FA Act of 1964.
\912\ Sec. 301(d)(2) of the FA Act of 1965 inserted the words ``to
property''.
\913\ 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))--
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``(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--
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``(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:
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``(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).
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``(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.''.
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(f) \914\ (1) \915\ 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: \916\
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\914\ 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).
\915\ 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).
\916\ 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.
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Democratic People's Republic of Korea.
People's Republic of China.
Republic of Cuba.
Socialist Republic of Vietnam.
Tibet.
(2) \915\ 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) \917\ 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.\918\
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\917\ Subsecs. (g) and (h) were added by sec. 301(d)(3) of the FA
Act of 1962.
\918\ 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).
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(h) \917\ 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).\919\
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\919\ 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)''.
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(i) \920\ * * * [Repealed--1981]
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\920\ 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.
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(j) \921\ 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.
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\921\ 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.''.
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(k) \922\ 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.\923\ Except as otherwise
provided in section 506,\924\ 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.
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\922\ 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.''.
\923\ 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).
\924\ Sec. 301(f)(2) of the FA Act of 1967 inserted ``506'' for
``510''.
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(l) \925\ 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).
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\925\ 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).''.
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(m) \926\ * * * [Repealed--1981]
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\926\ 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).
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(n) \927\ * * * [Repealed--1977]
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\927\ 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.''.
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(o) \928\ 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.
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\928\ Subsec. (o) was added by sec. 301(d)(4) of the FA Act of
1965.
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(p) \929\ * * * [Repealed--1974]
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\929\ 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.
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(q) \930\ 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.
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\930\ 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, 2003 (division E of Public Law 108-7; 117 Stat.
183), provided the following:
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``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 the government of 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 unless the
President determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the national
interest of the United States.''.
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(r) \930\ 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) \931\ (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: \932\
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\931\ 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.
\932\ For text, see Legislation on Foreign Relations Through 2002,
vol. I-B.
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(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 \933\
resources to acquire military equipment.
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\933\ 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.''.
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(2) \934\ 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.
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\934\ 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.
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(t) \935\ 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.
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\935\ Subsecs. (t) and (u) were added by sec. 301(f)(4) of the FA
Act of 1967.
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(u) \935\ 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) \936\ * * * [Repealed--1974]
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\936\ 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.
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(w) \937\ * * * [Repealed--1978]
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\937\ 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).
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(x) \938\ (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,\939\ 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 \940\ 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
\941\ 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.\942\ 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).\943\ 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.\944\
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\938\ 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.
\939\ Renamed the Arms Export Control Act.
\940\ 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.
\941\ 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.''.
\942\ 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).
\943\ For text, see Legislation on Foreign Relations Through 2002,
vol. I-B.
\944\ Sec. 403 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) amended
sec. 620(x)(1) beginning with the words ``Provided, That for the fiscal
year * * *''. Sec. 620(x)(1) formerly read as follows: Provided, That
the President is authorized to suspend the provisions of this section
and such acts if he determines that such suspension will further
negotiations for a peaceful solution of the Cyprus conflict. Any such
suspension shall be effective only until February 5, 1975, and only if,
during that time, Turkey shall observe the ceasefire and shall neither
increase its forces in Cyprus nor transfer to Cyprus any U.S. supplied
implements of war.''.
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(2) \945\ The President shall submit to the Congress within
60 days after the enactment of this paragraph \946\ and at the
end of such succeeding sixty-day period, a report on progress
made during such period toward the conclusion of a negotiated
solution of the Cyprus conflict.
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\945\ Par. (2) was added by sec. 2(a)(2) of Public Law 94-104.
\946\ 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 2002, vol. I-B, for explanation of the
effective date of par. (2).
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(y) \947\ (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.
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\947\ 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.''.
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(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.\948\, \949\ Prohibition on Assistance
to Governments Supporting International Terrorism.
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\948\ 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) requires the President to determine annually those
countries not cooperating fully with United States antiterrorism
efforts. Pursuant to that requirement, on May 15, 2003, the Deputy
Secretary of State determined and certified, ``that the following
countries are not cooperating fully with United States antiterrorism
efforts: Cuba; Iran; Libya; North Korea; Sudan; and Syria'' (Department
of State Public Notice No. 4369; 68 F.R. 28041).
Title I, chapter 3 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 579), provided
the following:
``Sec. 1503. The President may suspend the application of any
provision of the Iraq Sanctions Act of 1990: Provided, That nothing in
this section shall affect the applicability of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484), except that such Act
shall not apply to humanitarian assistance and supplies: Provided
further, That the President may make inapplicable with respect to Iraq
section 620A of the Foreign Assistance Act of 1961 or any other
provision of law that applies to countries that have supported
terrorism: Provided further, That military equipment, as defined by
title XVI, section 1608(1)(A) of Public Law 102-484, shall not be
exported under the authority of this section: Provided further, That
section 307 of the Foreign Assistance Act of 1961 shall not apply with
respect to programs of international organizations for Iraq: Provided
further, That provisions of law that direct the United States
Government to vote against or oppose loans or other uses of funds,
including for financial or technical assistance, in international
financial institutions for Iraq shall not be construed as applying to
Iraq: Provided further, That the President shall submit a notification
5 days prior to exercising any of the authorities described in this
section to the Committee on Appropriations of each House of the
Congress, the Committee on Foreign Relations of the Senate, and the
Committee on International Relations of the House of Representatives:
Provided further, That not more than 60 days after enactment of this
Act and every 90 days thereafter the President shall submit a report to
the Committee on Appropriations of each House of the Congress, the
Committee on Foreign Relations of the Senate, and the Committee on
International Relations of the House of Representatives containing a
summary of all licenses approved for export to Iraq of any item on the
Commerce Control List contained in the Export Administration
Regulations, 15 CFR Part 774, Supplement 1, including identification of
end users of such items: Provided further, That the authorities
contained in this section shall expire on September 30, 2004, or on the
date of enactment of a subsequent Act authorizing assistance for Iraq
and that specifically amends, repeals or otherwise makes inapplicable
the authorities of this section, whichever occurs first.''.
\949\ 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, 2003 (division E of Public Law 108-7; 117 Stat.
190, 195, 197), provided the following:
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``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--
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``(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
``(2) otherwise supports international terrorism.
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``(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.
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* * * * * * *
``ELIGIBILITY FOR ASSISTANCE
---------------------------------------------------------------------------
``Sec. 537. (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 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 2003, 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 the government of a country that violates
internationally recognized human rights.
* * * * * * *
``PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
---------------------------------------------------------------------------
``Sec. 543. (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 6(j) of the Export Administration 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 authority 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 2002, vol. I-B.
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(a) \950\ 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.
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\950\ See also 18 U.S.C. 2332d, as added by sec. 321 of Public Law
104-132 (110 Stat. 1254), which provides that U.S. persons engaging in
financial transactions with the government of a country designated as
supporting international terrorism under sec. 6(j) of the Export
Administration Act (50 U.S.C. App. 2405) shall be fined under title 18,
imprisoned for not more than 10 years, or both.
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(b) Publication of Determinations.--Each determination of
the Secretary of State under subsection (a), including each
determination in effect on the date of the enactment of the
Antiterrorism and Arms Export Amendments Act of 1989, shall be
published in the Federal Register.
(c) Rescission.--A determination made by the Secretary of
State under subsection (a) may not be rescinded unless the
President submits to the Speaker of the House of
Representatives and the Chairman of the Committee on Foreign
Relations of the Senate--
(1) before the proposed rescission would take effect,
a report certifying that--
(A) there has been a fundamental change in
the leadership and policies of the government
of the country concerned;
(B) that government is not supporting acts of
international terrorism;
(C) that government has provided assurances
that it will not support acts of international
terrorism in the future; or
(2) at least 45 days before the proposed rescission
would take effect, a report justifying the rescission
and certifying that--
(A) the government concerned has not provided
any support for international terrorism during
the preceding 6-month period; and
(B) the government concerned has provided
assurances that it will not support acts of
international terrorism in the future.
(d) Waiver.--Assistance prohibited by subsection (a) may be
provided to a country described in that subsection if--
(1) the President determines that national security
interests or humanitarian reasons justify a waiver of
subsection (a), except that humanitarian reasons may
not be used to justify assistance under part II of this
Act (including chapter 4, chapter 6, and chapter 8), or
the Export-Import Bank Act of 1945; and
(2) at least 15 days before the waiver takes effect,
the President consults with the Committee on Foreign
Affairs \951\ of the House of Representatives and the
Committee on Foreign Relations of the Senate regarding
the proposed waiver and submits a report to the Speaker
of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate
containing--
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\951\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(A) the name of the recipient country;
(B) a description of the national security
interests or humanitarian reasons which require
the waiver;
(C) the type and amount of and the
justification for the assistance to be provided
pursuant to the waiver; and
(D) the period of time during which such
waiver will be effective.
The waiver authority granted in this subsection may not be used
to provide any assistance under the Foreign Assistance Act of
1961 which is also prohibited by section 40 of the Arms Export
Control Act.
Sec. 620B.\952\ Prohibition Against Assistance and Sales to
Argentina. * * * [Repealed--1981]
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\952\ Sec. 620B, as added by sec. 11 of Public Law 95-92 (91 Stat.
619) and amended by sec. 12(c)(1) of Public Law 95-384 (92 Stat. 737),
was repealed by sec. 725(a) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1553).
Sec. 620B had prohibited the furnishing of MAP, ESF, IMET, and
Peacekeeping assistance under this Act, and the extension of credits,
sales, or export licenses under the Arms Export Control Act for
Argentina after September 30, 1978. Sec. 725(b) of Public Law 97-113,
conditions on U.S. assistance and sales to Argentina, was repealed in
1989.
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Sec. 620C.\953\ United States Policy Regarding the Eastern
Mediterranean.--(a) The Congress declares that the achievement
of a just and lasting Cyprus settlement is and will remain a
central objective of United States foreign policy. The Congress
further declares that any action of the United States with
respect to section 620(x) of this Act shall not signify a
lessening of the United States commitment to a just solution to
the conflict on Cyprus but is authorized in the expectation
that this action will be conducive to achievement of a Cyprus
solution and a general improvement in relations among Greece,
Turkey, and Cyprus and between those countries and the United
States. The Congress finds that--
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\953\ 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, 2003 (division E of Public Law 108-7; 117
Stat. 166), provided the following:
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``ECONOMIC SUPPORT FUND
---------------------------------------------------------------------------
``* * * Provided further, That not less than $15,000,000 of the
funds appropriated under this heading shall be made available for
Cyprus to be used only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed at
reunification of the island and designed to reduce tensions and promote
peace and cooperation between the two communities on Cyprus: * * *''.
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(1) a just settlement on Cyprus must involve the
establishment of a free and independent government on
Cyprus and must guarantee that the human rights of all
of the people of Cyprus are fully protected;
(2) a just settlement on Cyprus must include the
withdrawal of Turkish military forces from Cyprus;
(3) the guidelines for inter-communal talks agreed to
in Nicosia in February 1977 and the United Nations
resolutions regarding Cyprus provide a sound basis for
negotiation of a just settlement on Cyprus;
(4) serious negotiations, under United Nations
auspices, will be necessary to achieve agreement in,
and implementation of, constitutional and territorial
terms within such guidelines; and
(5) the recent proposals by both Cypriot communities
regarding the return of the refugees to the city of New
Famagusta (Varosha) constitute a positive step and the
United States should actively support the efforts of
the Secretary General of the United Nations with
respect to this issue.
(b) United States policy regarding Cyprus, Greece, and
Turkey shall be directed toward the restoration of a stable and
peaceful atmosphere in the Eastern Mediterranean region and
shall therefore be governed by the following principles:
(1) The United States shall actively support the
resolution of differences through negotiations and
internationally established peaceful procedures, shall
encourage all parties to avoid provocative actions, and
shall strongly oppose any attempt to resolve disputes
through force or threat of force.
(2) The United States will accord full support and
high priority to efforts, particularly those of the
United Nations, to bring about a prompt, peaceful
settlement on Cyprus.
(3) All defense articles furnished by the United
States to countries in the Eastern Mediterranean region
will be used only in accordance with the requirements
of this Act, the Arms Export Control Act, and the
agreements under which those defense articles were
furnished.
(4) The United States will furnish security
assistance for Greece and Turkey only when furnishing
that assistance is intended solely for defensive
purposes, including when necessary to enable the
recipient country to fulfill its responsibilities as a
member of the North Atlantic Treaty Organization, and
shall be designed to ensure that the present balance of
military strength among countries of the region,
including between Greece and Turkey, is preserved.
Nothing in this paragraph shall be construed to
prohibit the transfer of defense articles to Greece or
Turkey for legitimate self defense or to enable Greece
or Turkey to fulfill their North Atlantic Treaty
Organization obligations.
(5) The United States shall use its influence to
ensure the continuation of the ceasefire on Cyprus
until an equitable negotiated settlement is reached.
(6) The United States shall use its influence to
achieve the withdrawal of Turkish military forces from
Cyprus in the context of a solution to the Cyprus
problem.
(c) \954\ 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.
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\954\ 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.''.
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(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) \955\ (1) Any agreement for the sale or provision of
any article on the United States Munitions List (established
pursuant to section 38 of the Arms Export Control Act) entered
into by the United States after the enactment of this provision
shall expressly state that the article is being provided by the
United States only with the understanding that it will not be
transferred to Cyprus or otherwise used to further the
severance or division of Cyprus.
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\955\ Subsec. (e) was added by sec. 562 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1988
(Continuing Appropriations for 1988; Public Law 100-202; 101 Stat.
1329-171).
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(2) The President shall report to Congress any substantial
evidence that equipment provided under any such agreement has
been used in a manner inconsistent with the purposes of this
subsection.
Sec. 620D.\956\ Prohibition on Assistance to Afghanistan.--
(a) None of the funds authorized to be appropriated under this
Act may be used to furnish assistance to Afghanistan nor may
funds authorized to be appropriated under this Act before
October 1, 1979, be expended for assistance to Afghanistan
until the President certifies to the Congress that--
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\956\ 22 U.S.C. 2374. Sec. 620D was added by sec. 505 of the
International Development Cooperation Act of 1979 (Public Law 96-53; 93
Stat. 378).
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(1) the Government of Afghanistan has apologized
officially and assumes responsibility for the death of
Ambassador Adolph Dubs; and
(2) the Government of Afghanistan agrees to provide
adequate protection for all personnel of the United
States Government in Afghanistan.
(b) The provisions of subsection (a) shall not apply if the
President determines that such assistance is in the national
interest of the United States because of substantially changed
circumstances in Afghanistan.\957\
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\957\ In a determination of October 7, 1992, directed to the
Secretary of State, the President stated:
``By virtue of the authority vested in me by section 620D(b) of the
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2374(b)), I
hereby determine that furnishing assistance to Afghanistan with funds
authorized to be appropriated under that Act is in the national
interest of the United States because of substantially changed
circumstances in Afghanistan.
``By virtue of the authority vested in me by section 2(b)(2)(C) of
the Export-Import Bank Act of 1945, as amended (12 U.S.C.
635(b)(2)(C)), I hereby determine that Afghanistan has ceased to be a
Marxist-Leninist country within the definition of such term in
subparagraph (B)(i) of section 2(b)(2) of that Act (12 U.S.C.
635(b)(2)(B)(i)).
``In accordance with section 118(c)(1) of Public Law 99-190 (99
Stat. 1319), I hereby provide notice of my intention to restore
nondiscriminatory trade treatment to the products of Afghanistan no
sooner than 30 days following receipt by the Congress of this
memorandum.'' (Presidential Determination No. 93-3 of October 7, 1992;
57 F.R. 47557).
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Sec. 620E.\958\ 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.
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\958\ 22 U.S.C. 2375. Sec. 620E was added by sec. 736 of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1561). The President exercised his authority under
subsec. (d) on Feb. 10, 1982 (Presidential Determination No. 82-7).
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(b) The United States reaffirms the commitment made in its
1959 bilateral agreement with Pakistan relating to aggression
from a Communist or Communist-dominated state.
(c) Security assistance for Pakistan shall be made
available in order to assist Pakistan in dealing with the
threat to its security posed by the Soviet presence in
Afghanistan. The United States will take appropriate steps to
ensure that defense articles provided by the United States to
Pakistan are used for defensive purposes.
(d) \959\ 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.
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\959\ Sec. 822(b)(2) of the Nuclear Proliferation Prevention Act of
1994 (title VIII of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995; Public Law 103-236; 108 Stat. 507 at 512), amended
and restated subsec. (d). The subsec. formerly read, as previously
amended, as follows:
``(d) The President may waive the prohibitions of section 669 of
this Act at any time during the period beginning on the date of
enactment of this section and ending on September 30, 1994, to provide
assistance to Pakistan during that period if he determines that to do
so is in the national interest of the United States.''.
See the next note relating to Presidential determinations.
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(e) \960\ (1) \961\ No military assistance \962\ 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 \963\ is to be sold or transferred,
that Pakistan does not possess a nuclear explosive device and
that the proposed United States military assistance \964\
program will reduce significantly the risk that Pakistan will
possess a nuclear explosive device.
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\960\ 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 did not certify 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, as
amended, provided the following:
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``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) Termination 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.
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``(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.
The application of these requirements shall be subject to the dollar
amount thresholds specified in that section.
``(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).
On September 22, 2001, the President lifted all nuclear test-
related sanctions against India and Pakistan, under the authority
granted him in the Defense Appropriations Act, FY 2000 (Presidential
Determination No. 2001-28; 66 F.R. 50095).
On October 27, 2001, the President signed Public Law 107-57 (115
Stat. 403), authorizing the waiver of remaining sanctions imposed
against Pakistan for debt arrearage and the military overthrow of its
democratically elected government. This authority remains available
through fiscal year 2003.
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, 2003 (division E of Public Law 108-7; 117 Stat.
166, 187), provides the following relating to Pakistan:
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``ECONOMIC SUPPORT FUND
---------------------------------------------------------------------------
``* * * Provided further, That not to exceed $200,000,000 of the
funds appropriated under this heading in this Act may be made available
for the costs, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying direct loans and guarantees for Pakistan: * *
*
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* * * * * * *
``SPECIAL NOTIFICATION REQUIREMENTS
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``Sec. 520. None of the funds appropriated by this Act shall be
obligated or expended for Colombia, Liberia, Serbia, Sudan, Zimbabwe,
Pakistan, or the Democratic Republic of the Congo except as provided
through the regular notification procedures of the Committees on
Appropriations.''.
See also sec. 589 of the Kenneth M. Ludden Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2002 (Public
Law 107-115; 115 Stat. 2174), relating to the availability of excess
defense articles for certain countries.
\961\ 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.''
\962\ 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''.
\963\ 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''.
\964\ Sec. 559(a)(1)(C) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1996 (Public Law
104-107; 110 Stat. 743), struck out ``the proposed United States
assistance'' and inserted in lieu thereof ``the proposed United States
military assistance''.
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(2) \961\ 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) \961\ The restrictions of this subsection shall
continue to apply to contracts for the delivery of F-16
aircraft to Pakistan.
(4) \961\ 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) \965\ Storage Costs.--The President may release the
Government of Pakistan of its contractual obligation to pay the
United States Government for the storage costs of items
purchased prior to October 1, 1990, but not delivered by the
United States Government pursuant to subsection (e) and may
reimburse the Government of Pakistan for any such amount paid,
on such terms and conditions as the President may prescribe:
Provided, That such payments have no budgetary impact.
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\965\ Sec. 559(a)(2) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 743), added subsecs. (f), (g), and (h).
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(g) \965\ 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) \965\ 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.\966\ NUCLEAR NON-PROLIFERATION POLICY IN SOUTH ASIA.
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\966\ 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--
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``(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) \967\ Report on Progress Toward Regional Non-
Proliferation.--Not later than April 1 of each year,\968\ the
President shall submit a report to the Committees on
Appropriations, the Speaker of the House of Representatives,
and the chairman of the Committee on Foreign Relations of the
Senate, on nuclear proliferation in South Asia, including
efforts taken by the United States to achieve a regional
agreement on nuclear non-proliferation, and including a
comprehensive list of the obstacles to concluding such a
regional agreement.
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\967\ 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).
\968\ 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,''.
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SEC. 620G.\969\ PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID
TERRORIST STATES.
(a) Withholding of Assistance.--The President shall
withhold assistance under this Act to the government of any
country that provides assistance to the government of any other
country for which the Secretary of State has made a
determination under section 620A.
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\969\ 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.
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(b) Waiver.--Assistance prohibited by this section may be
furnished to a foreign government described in subsection (a)
if the President determines that furnishing such assistance is
important to the national interests of the United States and,
not later than 15 days before obligating such assistance,
furnishes a report to the appropriate committees of Congress
including--
(1) a statement of the determination;
(2) a detailed explanation of the assistance to be
provided;
(3) the estimated dollar amount of the assistance;
and
(4) an explanation of how the assistance furthers
United States national interests.
SEC. 620G.\970\ DEPLETED URANIUM AMMUNITION.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds made available to carry out this Act or any
other Act may be made available to facilitate in any way the
sale of M-833 antitank shells or any comparable antitank shells
containing a depleted uranium penetrating component to any
country other than--
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\970\ 22 U.S.C. 2378a. Sec. 149 of Public Law 104-164 (110 Stat.
1436) added this new sec. 620G. Sec. 325 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat.
1256) also added a new sec. 620G, prohibiting assistance to countries
that aid terrorist states.
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(1) a country that is a member of the North Atlantic
Treaty Organization;
(2) a country that has been designated as a major
non-NATO ally (as defined in section 644(q)); or
(3) Taiwan.
(b) Exception.--The prohibition contained in subsection (a)
shall not apply with respect to the use of funds to facilitate
the sale of antitank shells to a country if the President
determines that to do so is in the national security interest
of the United States.
SEC. 620H.\971\ PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE
MILITARY EQUIPMENT TO TERRORIST STATES.
(a) Prohibition.--
(1) In general.--The President shall withhold
assistance under this Act to the government of any
country that provides lethal military equipment to a
country the government of which the Secretary of State
has determined is a terrorist government for the
purposes of section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371).
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\971\ 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. 543 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2003 (division E of
Public Law 108-7; 117 Stat. 197).
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).
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(2) Applicability.--The prohibition under this
section with respect to a foreign government shall
terminate 1 year after that government ceases to
provide lethal military equipment. This section applies
with respect to lethal military equipment provided
under a contract entered into after the date of
enactment of this Act.\972\
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\972\ ``[D]ate of enactment of this Act'' probably refers to
enactment of the amendment, April 24, 1996.
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(b) Waiver.--Notwithstanding any other provision of law,
assistance may be furnished to a foreign government described
in subsection (a) if the President determines that furnishing
such assistance is important to the national interests of the
United States and, not later than 15 days before obligating
such assistance, furnishes a report to the appropriate
committees of Congress including--
(1) a statement of the determination;
(2) a detailed explanation of the assistance to be
provided;
(3) the estimated dollar amount of the assistance;
and
(4) an explanation of how the assistance furthers
United States national interests.
Sec. 620I.\973\, \974\ Prohibition on Assistance
to Countries That Restrict United States Humanitarian
Assistance.--
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\973\ 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).
\974\ In a memorandum of May 23, 1997, for the Secretary of State,
the President determined ``that it is in the national security interest
of the United States that assistance be furnished to Turkey without
regard to the restriction in subsection (a) of section 620I.''
(Presidential Determination No. 97-24; 62 F.R. 30737).
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(a) In general.--No assistance shall be furnished
under this Act or the Arms Export Control Act to any
country when it is made known to the President that the
government of such country prohibits or otherwise
restricts, directly or indirectly, the transport or
delivery of United States humanitarian assistance.
(b) Exception.--Assistance may be furnished without
regard to the restriction in subsection (a) if the
President determines that to do so is in the national
security interest of the United States.
(c) Notice.--Prior to making any determination under
subsection (b), the President shall notify the
Committee on International Relations, the Committee on
Foreign Relations, and the Committees on Appropriations
of the Senate and House of Representatives of his
intention to make such a determination, the effective
date of the determination, and the reasons for making
the determination.
Chapter 2--Administrative Provisions
Sec. 621.\975\ Exercise of Functions.\976\--(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.\977\
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\975\ 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:
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``agency for international development budget justification
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``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), as amended by sec.
5002(b) of Public Law 106-31 (113 Stat. 109), provided the following:
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``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 99-399, 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.''.
\976\ 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.
\977\ Sec. 302(a) of the FA Act of 1963 inserted the last two
sentences in lieu of a sentence that provided for the use of the
technical expertise of Federal agencies with primary responsibilities
in domestic programs.
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(b) \976\ 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.\978\ Strengthened Management Practices.--(a) The
Congress believes that United States foreign aid funds could be
utilized more effectively by the application of advanced
management decisionmaking, information and analysis techniques
such as systems analysis, automatic data processing, benefit-
cost studies, and information retrieval.
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\978\ 22 U.S.C. 2381a. Sec. 621A was added by sec. 302(b) of the FA
Act of 1968.
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(b) To meet this need, the President shall establish a
management system that includes: the definition of objectives
and programs for United States foreign assistance; the
development of quantitative indicators of progress toward these
objectives; the orderly consideration of alternative means for
accomplishing such objectives; and the adoption of methods for
comparing actual results of programs and projects with those
anticipated when they were undertaken. The system should
provide information to the agency and to Congress that relates
agency resources, expenditures, and budget projections to such
objectives and results in order to assist in the evaluation of
program performance, the review of budgetary requests, and the
setting of program priorities.
(c) \979\ * * * [Repealed--1978]
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\979\ Subsec. (c), which had called for an annual report from the
President regarding the implementation of this section, was repealed by
sec. 502(d)(1) of the International Development and Food Assistance Act
of 1978 (Public Law 95-424; 92 Stat. 959).
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Sec. 622.\980\ 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.
---------------------------------------------------------------------------
\980\ 22 U.S.C. 2382.
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(b) The President shall prescribe appropriate procedures to
assure coordination among representatives of the United States
Government in each country, under the leadership of the Chief
of the United States Diplomatic Mission. The Chief of the
Diplomatic Mission shall make sure that recommendations of such
representatives pertaining to military assistance (including
civic action) and military education and training programs
\981\ are coordinated with political and economic
considerations, and his comments shall accompany such
recommendations if he so desires.
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\981\ Sec. 302(a)(1) of the FA Act of 1966 inserted ``(including
civic action) or sales programs'' in lieu of ``(including any civil
action and sales program)''. Sec. 45(b)(1) of the Foreign Military
Sales Act (Public Law 90-629) struck out ``or sales'' which appeared
before the word ``programs''. Sec. 106(b) of the International Security
Assistance and Arms Export Control Act of 1976 added the words ``and
military education and training''.
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(c) \982\ Under the direction of the President, the
Secretary of State shall be responsible for the continuous
supervision and general direction of economic assistance,
military assistance, and military education and training
programs, including but not limited to determining whether
there shall be a military assistance (including civic action)
or a military education and training program for a country and
the value thereof, to the end that such programs are
effectively integrated both at home and abroad and the foreign
policy of the United States is best served thereby.
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\982\ 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).
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Sec. 623.\983\ 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--
---------------------------------------------------------------------------
\983\ 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 \984\ personnel;
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\984\ The words ``and related civilian'' were added by sec. 106(b)
of the International Security Assistance and Arms Export Control Act of
1976 (Public Law 94-329; 90 Stat. 733).
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(5) the movement and delivery of military end-items;
and
(6) within the Department of Defense, the performance
of any other functions with respect to the furnishing
of military assistance, education and training.\985\
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\985\ The words ``, education and training'' were added by sec.
106(b) of the International Security Assistance and Arms Export Control
Act of 1976 (Public Law 94-329; 90 Stat. 733).
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(b) The establishment of priorities in the procurement,
delivery, and allocation of military equipment shall be
determined by the Secretary of Defense.
Sec. 624.\986\ Statutory Officers.--(a) The President may
appoint, by and with the advice and consent of the Senate,
twelve officers \987\ in the agency primarily responsible for
administering part I, * * * [Repealed--1964]
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\986\ 22 U.S.C. 2384.
\987\ Sec. 7 of Reorganization Plan No. 2 of 1979 stated:
``One of the positions that the President may appoint under section
624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5
U.S.C. 5315(5)) is hereby abolished.''.
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(1) * * * [Repealed--1964]
(2) * * * [Repealed--1964]
(3) * * * [Repealed--1964] \988\ and in the selection
of one of
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\988\ That part of sec. 624(a) to this point, beginning with the
words ``of whom--'' was repealed by sec. 305(42) of the Government
Employees Salary Reform Act of 1964 (Public Law 88-426). The repealed
part provided for one Under Secretary, one Deputy Under Secretary, and
ten Assistant Secretaries.
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such persons due consideration shall be given to
persons qualified as professional engineers.
(b) Within the limitations established by subsection (a) of
this section, the President may fix the rate of compensation,
and may designate the title of, any officer appointed pursuant
to the authority contained in that subsection. The President
may also fix the order of succession among the officers
provided for in \989\ subsection (a) of this section in the
event of the absence, death, resignation, or disability of one
or more of said officers.
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\989\ Sec. 302(b)(1) of the FA Act of 1965 struck out the words
``paragraph (3) of'' which appeared at this point, and also substituted
``or one or more of said officers'' for ``of the officers provided for
in paragraphs (1) and (2) of that subsection''.
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(c) Any person who was appointed by and with the advice and
consent of the Senate, to any statutory position authorized by
any provision of law repealed by section 642(a) and who is
serving in one of such positions at the time of transfer of
functions pursuant to subsections (c) and (d) of section 621,
may be appointed by the President to a comparable position
authorized by subsection (a) of this section on the date of the
establishment of the agency primarily responsible for
administering part I, without further action by the Senate.
(d) \990\ * * * [Repealed--1978]
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\990\ Subsec. (d), which concerned the office of Inspector General,
Foreign Assistance, was repealed, effective July 1, 1978, by sec.
124(a) of the International Development and Food Assistance Act of 1977
(Public Law 95-88; 91 Stat. 541).
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(e) \991\ In addition to the officers otherwise provided
for in this section, the President shall appoint, by and with
the advice and consent of the Senate, one officer for the
purpose of coordinating security assistance programs.
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\991\ Subsec. (e) was added by sec. 302 of the FA Act of 1971.
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(f) \992\ * * * [Repealed--1994]
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\992\ Sec. 162(e)(4) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405) struck
out subsec. (f), which had established the Assistant Secretary of State
for Human Rights and Humanitarian Affairs in the Department of State.
The newly designated Assistant Secretary of State for Democracy, Human
Rights, and Labor and the responsibilities assigned to that title may
be found at section 1(c)(2) of the State Department Basic Authorities
Act of 1956, as amended by sec. 161 of Public Law 103-236 (22 U.S.C.
2651a(1)(c)(2)).
Subsec. (f), as added originally by sec. 301(b) of the
International Security Assistance and Arms Export Control Act of 1976
(Public Law 94-329; 90 Stat. 750), provided for the establishment of a
Coordinator for Human Rights and Humanitarian Affairs. This title
designation was upgraded to Assistant Secretary of State for Human
Rights and Humanitarian Affairs by sec. 109(a)(1) of the Foreign
Relations Authorization Act, Fiscal Year 1978 (Public Law 95-105; 91
Stat. 846).
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(g) \993\ * * * [Repealed--1981]
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\993\ 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 2002, vol. IV, sec. N. for text.
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Sec. 625.\994\ Employment of Personnel.--(a) Any agency or
officer of the United States Government carrying out functions
under this Act is authorized to employ such personnel as the
President deems necessary to carry out the provisions and
purposes of this Act.
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\994\ 22 U.S.C. 2385.
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(b) Of the personnel employed in the United States to carry
out part I or coordinate part I and part II, not to exceed one
hundred and ten \995\ 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,\996\ but not
in excess of the highest rate of grade 18 of such general
schedule: \997\ 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.\998\
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\995\ Sec. 301(c)(1) of the FA Act of 1962 inserted ``one hundred
and ten'' in lieu of ``seventy-six''.
\996\ 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.)''.
\997\ 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''.
\998\ Sec. 302(b)(2) of the FA Act of 1967 inserted ``5108 of title
5 of the United States Code'' in lieu of ``505 of the Classification
Act of 1949, as amended''.
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(c) Of the personnel employed in the United States to carry
out part II, or any Act superseding part II in whole or in
part,\999\ 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.\1000\ 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.\1001\
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\999\ 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.
\1000\ 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''.
\1001\ Sec. 302(c)(2) of the FA Act of 1967 inserted ``5108 of
title 5 of the United States Code'' in lieu of ``505 of the
Classification Act of 1949, as amended''.
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(d) \1002\ 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.\1003\ Individuals so employed
or assigned shall be entitled, except to the extent that the
President may specify otherwise in cases in which the period of
employment or assignment exceeds thirty months, to the same
benefits as are provided by section 310 of that Act for
individuals appointed to the Foreign Service.
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\1002\ 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.
\1003\ The references in this sentence to chapter 53 of title 5,
U.S. Code, and ``any other rate authorized by law'' were added by sec.
703 of the International Security and Development Cooperation Act of
1981 (Public Law 97-113; 95 Stat. 1544).
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(e) \1004\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\1004\ Subsec. (e), which authorized the President to prescribe
standards for maintaining adequate performance levels of specified
personnel, was repealed by sec. 2205(8) of the Foreign Service Act of
1980 (Public Law 96-465; 94 Stat. 2160).
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(f) \1005\ Funds provided for in agreements with foreign
countries for the furnishing of services under this Act with
respect to specific projects shall be deemed to be obligated
for the services of personnel employed by agencies of the
United States Government (other than the agencies primarily
responsible for administering part I or part II of this Act) as
well as personnel not employed by the United States Government.
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\1005\ Sec. 625(f) was amended and restated by sec. 302(c)(3) of
the FA Act of 1962.
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(g) \1006\ * * * [Repealed--1981]
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\1006\ Subsec. (g), which concerned foreign language competence of
personnel carrying out functions under this Act, was repealed by sec.
2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat.
2160).
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(h) Notwithstanding any other provision of law, officers
and employees of the United States Government performing
functions under this Act shall not accept from any foreign
country any compensation or other benefits. Arrangements may be
made by the President with such countries for reimbursement to
the United States Government or other sharing of the cost of
performing such functions.
(i) To the maximum extent practicable officers and
employees performing functions under this Act abroad shall be
assigned to countries and positions for which they have special
competence, such as appropriate language and practical
experience.
(j) \1007\ * * * [Repealed--1981]
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\1007\ Subsec. (j), as added by the FA Act of 1964 and which had
concerned the Presidential appointment of U.S. representatives to the
Inter-American Committee on the Alliance for Progress, was repealed by
sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 96-465; 94
Stat. 2160).
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(k) \1008\ * * * [Repealed--1980]
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\1008\ Subsec. (k), as added by the FA Act of 1973 and which
designated certain categories of personnel serving in the agency as
being eligible to participate in the Foreign Service Retirement and
Disability System, was repealed by sec. 2205(8) of the Foreign Service
Act of 1980 (Public Law 96-465; 94 Stat. 2160). While nearly all
provisions of the Foreign Service Act of 1980 were not effective until
Feb. 15, 1981, sec. 2203(d)(1) of such Act specified that the repeal of
sec. 625(k) would be effective on the date of enactment of the Act
(Oct. 17, 1980).
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Sec. 626.\1009\ 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,\1010\ 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,\1011\ and while away from their homes or regular places
of business, they may be paid actual travel expenses and per
diem in lieu of subsistence at the applicable rate prescribed
in the standardized Government travel regulations, as amended
from time to time. Contracts for such employment with such
organizations, employment of personnel as experts and
consultants, not to exceed ten in number, contracts for such
employment of retired military personnel with specialized
research and development experience, not to exceed ten in
number, and contracts for such employment of retired military
personnel with specialized experience of a broad politico-
military nature, not to exceed five in number, may be renewed
annually.
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\1009\ 22 U.S.C. 2386.
\1010\ 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)''.
\1011\ The words to this point beginning with ``the daily
equivalent of the highest rate'' were inserted in lieu of ``$100 per
diem'' by sec. 603 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 766).
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(b) \1012\ Service of an individual as an expert or
consultant under subsection (a) of this section shall not
\1013\ be considered as employment or holding of office or
position bringing such individual within the provisions of
section 3323(a) \1014\ of title 5 of the United States Code.
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\1012\ 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.
\1013\ 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.
\1014\ Sec. 126 of the International Development and Food
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 542) added the words
``section 3323(a)'' and struck out reference to secs. 3323(a) and 8344
of 5 USC, and sec. 872 of the Foreign Service Act of 1946.
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(c) \1015\ Persons of outstanding experience and ability
may be employed without compensation by any agency of the
United States Government for the performance of functions under
this Act in accordance with the provisions of section 710(b) of
the Defense Production Act of 1950, as amended (50 U.S.C. App.
2160(b)), and regulations issued thereunder.
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\1015\ Sec. 302(d) of the FA Act of 1965 redesignated subsec. (d)
as subsec. (c). Former subsec. (c), which related to employment of
retired officers, was repealed by the Dual Compensation Act (Public Law
88-448).
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Sec. 627.\1016\ Detail of Personnel to Foreign
Governments.--Whenever the President determines it to be in
furtherance of the purposes of this Act, the head of any agency
of the United States Government is authorized to detail or
assign any officer or employee of his agency to any office or
position with any foreign government or foreign government
agency, where acceptance of such office or position does not
involve the taking of an oath of allegiance to another
government or the acceptance of compensation or other benefits
from any foreign country by such officer or employee.
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\1016\ 22 U.S.C. 2387.
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Sec. 628.\1017\ Detail of Personnel to International
Organizations.--Whenever the President determines it to be
consistent with and in furtherance of the purposes of this Act,
the head of any agency of the United States Government is
authorized to detail, assign, or otherwise make available to
any international organization any officer or employee of his
agency to serve with, or as a member of, the international
staff of such organization, or to render any technical,
scientific, or professional advice or service to, or in
cooperation with, such organization.
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\1017\ 22 U.S.C. 2388.
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Sec. 629.\1018\ Status of Personnel Detailed.--(a) Any
officer or employee, while assigned or detailed under section
627 or 628 of this Act, shall be considered, for the purpose of
preserving his allowances, privileges, rights, seniority, and
other benefits as such, an officer or employee of the United
States Government and of the agency of the United States
Government from which detailed or assigned, and he shall
continue to receive compensation, allowances, and benefits from
funds appropriated to that agency or made available to that
agency under this Act.
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\1018\ 22 U.S.C. 2389.
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(b) Any officer or employee assigned, detailed, or
appointed under section 627, 628, 631, or 624(d) \1019\ 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.\1020\ 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.\1021\
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\1019\ Sec. 302(d) of the FA Act of 1962 substituted ``624(d)'' for
``624(e)''.
\1020\ 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).
\1021\ Sec. 302(f) of the FA Act of 1967 inserted ``5536 of title 5
of the United States Code'' in lieu of ``1765 of the Revised Statutes
(5 U.S.C. 70)''.
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Sec. 630.\1022\ 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--
\1023\
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\1022\ 22 U.S.C. 2390.
\1023\ For text, see Legislation on Foreign Relations Through 2002,
vol. I-B.
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(1) without reimbursement to the United States
Government by the foreign government or international
organization;
(2) upon agreement by the foreign government or
international organization, to reimburse the United
States Government for compensation, travel expenses,
benefits,\1024\ 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,\1024\ or
allowances, or to the appropriation, fund, or account
currently available for such purposes;
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\1024\ The word ``benefits'' was added by sec. 302(e) of the FA Act
of 1965.
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(3) upon an advance of funds, property, or services
by the foreign government or international organization
to the United States Government accepted with the
approval of the President for specified uses in
furtherance of the purposes of this Act; and funds so
advanced may be established as a separate fund in the
Treasury of the United States Government, to be
available for the specified uses, and to be used for
reimbursement of appropriations or direct expenditure
subject to the provisions of this Act, any unexpended
balance of such account to be returned to the foreign
government or international organization; or
(4) subject to the receipt by the United States
Government of a credit to be applied against the
payment by the United States Government of its share of
the expenses of the international organization to which
the officer or employee is detailed or assigned, such
credit to be based upon the compensations, travel
expenses, benefits \1024\ 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.\1025\ Missions and Staffs Abroad.--(a) The
President may maintain special missions or staffs outside the
United States in such countries and for such periods of time as
may be necessary to carry out the purposes of this Act. Each
such special mission or staff shall be under the direction of a
chief.
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\1025\ 22 U.S.C. 2391.
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(b) The chief and his deputy of each special mission or
staff carrying out the purposes of part I shall be appointed by
the President, and may, notwithstanding any other law, be
removed by the President at his discretion. Such chief shall be
entitled to receive such compensation and allowances as are
authorized by the Foreign Service Act of 1980, not to exceed
those authorized for a chief of mission (as defined in section
102(a)(3) of that Act), as the President shall determine to be
appropriate.\1026\
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\1026\ This sentence was amended and restated by sec. 2203(c) of
the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158). The
former text made reference to the Foreign Service Act of 1946 which was
repealed by the 1980 Act.
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(c) \1027\ 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.\1028\ Such person may also, in the President's
discretion, receive any other benefits and perquisites
available under this Act to chiefs of special missions or
staffs outside the United States established under this
section.
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\1027\ Subsec. (c) was added by sec. 302(d) of the FA Act of 1963.
\1028\ This sentence was amended and restated by sec. 2203(d) of
the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2158). The
former text made reference to the Foreign Service Act of 1946 which was
repealed by the 1980 Act.
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(d) \1029\ Wherever practicable, especially in the case of
the smaller programs, assistance under part I of this Act
\1030\ shall be administered under the direction of the Chief
of the United States Diplomatic Mission by the principal
economic officer of the mission.\1031\
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\1029\ Subsec. (d) was added by sec. 302(f) of the FA Act of 1965.
\1030\ 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).
\1031\ The words ``in the case of assistance under part I, and by
the senior military officer of the mission in the case of assistance
under part II'', which had previously appeared at this point, were
struck out by sec. 7(b)(2) of the International Security Assistance Act
of 1977 (Public Law 95-92; 91 Stat. 617).
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Sec. 632.\1032\ 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,\1033\ or
services (including defense services). Such funds shall be
available for obligation and expenditure for the purposes for
which authorized, in accordance with authority granted in this
Act or under authority governing the activities of the agencies
of the United States Government to which such funds are
allocated or transferred.
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\1032\ 22 U.S.C. 2392. Sec. 509 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2003 (division E of
Public Law 108-11; 117 Stat. 182), provided the following:
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``TRANSFERS BETWEEN ACCOUNTS
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``Sec. 509. (a) None of the funds made available by this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
``(b) Notwithstanding subsection (a), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
``(c) 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, not less than five days 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.
``(d) Any agreement for the transfer or allocation of funds
appropriated by this Act, or prior Acts, entered into between the
United States Agency for International Development and another agency
of the United States Government under the authority of section 632(a)
of the Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector General
for the agency receiving the transfer or allocation of such funds shall
perform periodic program and financial audits of the use of such funds:
Provided, That funds transferred under such authority may be made
available for the cost of such audits.''.
\1033\ The words ``, military education and training'' were added
by sec. 106(b) of the International Security Assistance and Arms Export
Control Act of 1976 (Public Law 94-329; 90 Stat. 733).
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(b) Any officer of the United States Government carrying
out functions under this Act may utilize the services
(including defense services) and facilities of, or procure
commodities, defense articles, or military education and
training \1034\ from, any agency of the United States
Government as the President shall direct, or with the consent
of the head of such agency, and funds allocated pursuant to
this subsection to any such agency may be established in
separate appropriation accounts on the books of the Treasury.
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\1034\ The words ``, defense articles, or military education and
training'' were inserted in lieu of ``and defense articles'' by sec.
106(b) of the International Security Assistance and Arms Export Control
Act of 1976 (Public Law 94-329; 90 Stat. 733).
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(c) In the case of any commodity, service, or facility
procured from any agency of the United States Government to
carry out part I, reimbursement or repayment shall be made to
such agency from funds available to carry out such part. Such
reimbursement or payment shall be at replacement cost, or, if
required by law, at actual cost, or, in the case of services
procured from the Department of Defense to carry out chapter 8
of part I, the amount of the additional costs incurred by the
Department of Defense in providing such services,\1035\ or at
any other price authorized by law and agreed to by the owning
or disposing agency. The amount of any such reimbursement or
payment shall be credited to current applicable appropriations,
funds, or accounts, from which there may be procured
replacements of similar commodities, services, or facilities,
except that where such appropriations, funds, or accounts are
not reimbursable except by reason of this subsection, and when
the owning or disposing agency determines that such replacement
is not necessary, any funds received in payment therefor shall
be deposited into the Treasury as miscellaneous receipts.
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\1035\ Sec. 4506 of Public Law 100-690 (102 Stat. 4286) added ``or,
in the case of * * *,''.
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(d) Except as otherwise provided in section 506,\1036\
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).\1037\ The amount of such
reimbursement shall be credited to the current applicable
appropriations, funds, or accounts of such agency.
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\1036\ 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,''.
\1037\ Section 9104(b)(2) of the Department of Defense
Appropriations Act, 1990 (Public Law 101-165; 103 Stat. 1152) inserted
parenthetical language at end of sentence.
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(e) In furnishing assistance under this Act, accounts may
be established on the books of any agency of the United States
Government or, on terms and conditions approved by the
Secretary of the Treasury, in banking institutions in the
United States, (1) against which letters of commitment may be
issued which shall constitute recordable obligations of the
United States Government, and moneys due or to become due under
such letters of commitment shall be assignable under the
Assignment of Claims Act of 1940, as amended (second and third
paragraphs of 31 U.S.C. 203 and 41 U.S.C. 15), and (2) from
which disbursements may be made to, or withdrawals may be made
by, recipient countries or agencies, organizations, or persons
upon presentation of contracts, invoices, or other appropriate
documentation. Expenditure of funds which have been made
available through accounts so established shall be accounted
for on standard documentation required for expenditure of funds
of the United States Government: Provided, That such
expenditures for commodities, defense articles, military
education and training services (including defense services),
or facilities procured outside the United States may be
accounted for exclusively on such certification as may be
prescribed in regulations approved by the Comptroller General
of the United States.
(f) Credits made by the Export-Import Bank of Washington
with funds allocated thereto under subsection (a) of this
section or under section 522(a) of the Mutual Security Act of
1954, as amended, shall not be considered in determining
whether the Bank has outstanding at any one time loans and
guaranties to the extent of the limitation imposed by section 7
of the Export-Import Bank Act of 1945,\1038\ as amended (12
U.S.C. 635e).
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\1038\ For text, see Legislation on Foreign Relations Through 2002,
vol. III.
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(g) Any appropriation or account available to carry out
provisions of part I may initially be charged in any fiscal
year, within the limit of available funds, to finance expenses
for which funds are available in other appropriations or
accounts under part I: Provided, That as of the end of such
fiscal year such expenses shall be finally charged to
applicable appropriations or accounts with proper credit to the
appropriations or accounts initially utilized for financing
purposes: Provided further, That such final charge to
applicable appropriations or accounts shall not be required in
the case of expenses (other than those provided for under
section 637(a)) incurred in furnishing assistance by the agency
primarily responsible for administering part I where it is
determined that the accounting costs of identifying the
applicable appropriation or account to which such expenses
should be charged would be disproportionate to the advantage to
be gained.
Sec. 633.\1039\ Waivers of Certain Laws.--(a) Whenever the
President determines it to be in furtherance of the purposes of
this Act,\1040\ 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.\1041\
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\1039\ 22 U.S.C. 2393.
\1040\ 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).
\1041\ 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), amended by Executive Order 13118 (64 F.R.
16595, signed March 31, 1999), in Legislation on Foreign Relations
Through 2002, vol. I-B.
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(b) The functions authorized under part II may be performed
without regard to such provisions as the President may specify
of the joint resolution of November 4, 1939 (54 Stat. 4), as
amended.
(c) Notwithstanding the provisions of sections 3544(b) and
8544(b) of title 10 of the United States Code, personnel of the
Department of Defense may be assigned or detailed to any civil
office to carry out this Act. [Referenced sections repealed by
Public Law 90-235. See 10 U.S.C. 973(b).]
Sec. 633A.\1042\ Furnishing Information.--None of the funds
made available pursuant to the provisions of this Act shall be
used to carry out any provision of this Act in any country or
with respect to any project or activity, after the expiration
of the thirty-five-day period which begins on the date the
General Accounting Office or any committee of the Congress
charged with considering legislation, appropriations or
expenditures under this Act, has delivered to the office of the
head of any agency carrying out such provision, a written
request that it be furnished any document, paper,
communication, audit, review, finding, recommendation, report,
or other material in its custody or control relating to the
administration of such provision in such country or with
respect to such project or activity, unless and until there has
been furnished to the General Accounting Office, or to such
committee, as the case may be, (1) the document, paper,
communication, audit, review, finding, recommendation, report,
or other material so requested, or (2) a certification by the
President that has forbidden the furnishing thereof pursuant to
request and his reason for so doing.
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\1042\ 22 U.S.C. 2393a. Sec. 502(a)(1) of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 957) added the section designated 633A.
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Sec. 634.\1043\ 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--\1044\
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\1043\ 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.''.
\1044\ Sec. 733(1) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) amended and
restated subsec. (a) to this point.
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(1)(A) a comprehensive and coordinated review of all
United States policies and programs having a major
impact on the development of developing countries,
including but not limited to bilateral and multilateral
assistance, trade, debt, employment, food, energy,
technology, population, oceans, environment, human
settlements, natural resources, and participation in
international agencies concerned with development;
(B) an assessment of the impact of such policies and
programs on the well-being of the poor majority in
developing countries in accordance with the policy
objectives of chapter 1 of part I, including \1045\
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 \1046\
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\1045\ 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).
\1046\ The language beginning with ``such assessment to include''
and ending with ``the poor majority'' was added by sec. 312(b) of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83; 99 Stat. 216).
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(C) an assessment of the impact of such policies and
programs on economic conditions in the United States,
including but not limited to employment, wages, and
working conditions;
(2) the dollar value of all foreign assistance and
guaranties by category and by country provided or made
by the United States Government by any means to all
foreign countries and international organizations--
(A) from 1946 to the fiscal year immediately
preceding the fiscal year for which the report
is required;
(B) as presented to Congress for the
immediate preceding fiscal year;
(C) as obligated during the immediately
preceding fiscal year;
(D) as planned for the fiscal year in which
the report is presented;
(E) as proposed for the fiscal year following
the year in which the report is presented; and
(F) \1047\ of any contract in excess of
$100,000 administered by the Agency for
International Development which was entered
into in the preceding fiscal year without
competitive selection procedures, and the
reasons for doing so;
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\1047\ Subpar. (F) was added by sec. 733(3) of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1559).
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(3) a summary of repayments, by country, to the
United States from previous foreign assistance loans;
(4) \1048\ the status of each sale of agricultural
commodities on credit terms theretofore made under the
Agricultural Trade Development and Assistance Act of
1954 with respect to which there remains outstanding
any unpaid obligation; and the status of each
transaction with respect to which a loan, contract or
guarantee of insurance, or extension of credit (or
participation therein) was theretofore made under the
Export-Import Bank Act of 1945 with respect to which
there remains outstanding any unpaid obligation or
potential liability; except that such report shall
include individually only any loan, contract, sale,
extension of credit, or other transactions listed in
this paragraph which is in excess of $1,000,000;
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\1048\ Par. (4) was amended and restated by sec. 733(4) of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1559). Previously, par. (4) also required
information on loans and contracts concerning security assistance under
this Act and credits for the procurement of defense articles under the
Arms Export Control Act. This information is now required by sec.
25(a)(11) of the Arms Export Control Act.
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(5)(A) the status of the debt servicing capacity of
each country receiving assistance under this Act;
(B) all forms of debt relief granted by the United
States with respect to such countries, together with a
detailed statement of the specific debt relief granted
with respect to each such country and the purpose for
which it was granted; and
(C) a summary of the net aid flow from the United
States to such countries, taking into consideration the
debt relief granted by the United States;
(6) \1049\ the dollar value of all official
development assistance, security assistance,
international disaster assistance, refugee assistance,
and international narcotic control assistance provided
by each government of a country which is a member of
the Organization for Economic Cooperation and
Development or of the Organization of Petroleum
Exporting Countries;
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\1049\ Sec. 707 of the International Security and Development
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159) redesignated
existing par. (6) as par. (8) and added new pars. (6) and (7). Sec.
733(6) of the International Security and Development Cooperation Act of
1981 (Public Law 97-113,;95 Stat. 1559) struck out par. (8) (as
redesignated) and inserted new pars. (8) through (12). Similar
information required in each of the new pars. (8) through (12) had been
previously required under other provisions as follows: par. (8)--sec.
613(c) of this Act (semiannually); par. (9)--sec. 640B(g) of this Act;
par. (10)--sec. 657 of this Act; par. (11)--sec. 133(c)(6) of Public
Law 95-88; and par. (12)--former par. (8) of this subsection.
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(7) \1049\ 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) \1049\ 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) \1049\ the Development Coordination Committee's
operations pursuant to section 640B(f) of this Act;
(10) \1049\ 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) \1049\ information concerning the activities of
the Minority Resource Center during the preceding
fiscal year; and
(12) \1049\ 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.\1050\ Notification of Program Changes.--(a)
\1051\ 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 \1052\ 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 \1052\ for any fiscal year unless the
Committee on Foreign Relations of the Senate, the Committee on
Foreign Affairs \1053\ of the House of Representatives, and the
Committee on Appropriations of each House of the Congress are
notified fifteen days in advance of such obligation. Whenever a
proposed reprogramming exceeds $1,000,000 and the total amount
proposed for obligation for a country under this Act in a
fiscal year exceeds by more than $5,000,000 the amount
specified for that country in the report required by section
653(a) of this Act, notifications of such proposed
reprogrammings shall specify--
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\1050\ 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).
\1051\ 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.
\1052\ 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).
\1053\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives. Previously,
sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck out
``International Relations'' and inserted in lieu thereof ``Foreign
Affairs''.
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(1) the nature and purpose of such proposed
obligation, and
(2) to the extent possible at the time of the
proposed obligation, the country for which such funds
would otherwise have been obligated.\1054\
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\1054\ This final sentence in sec. 634A was added by sec. 704 of
the International Security and Development Cooperation Act of 1981
(Public Law 97-113; 95 Stat. 1544).
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(b) \1051\ 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) \1051\ The President shall notify the chairman of the
Committee on Foreign Relations of the Senate and the chairman
of the Committee on Foreign Affairs \1055\ of the House of
Representatives concerning any reprogramming of funds in the
International Affairs Budget Function, the authorizations of
appropriations for which are in their respective jurisdictions,
to the same degree and with the same conditions as the
President notifies the Committees on Appropriations. The
requirements of this subsection are in addition to, and not in
lieu of, other notification requirements.
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\1055\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 634B.\1056\ Classification of Reports.--All
information contained in any report transmitted under this Act
shall be public information. However, in the case of any item
of information to be included in any such report that the
President, on an extraordinary basis, determines is clearly
detrimental to the security of the United States, he shall
explain in a supplemental report why publication of each
specific item would be detrimental to the security of the
United States. A supplemental report shall be transmitted to
the Congress at the time the report is transmitted.
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\1056\ 22 U.S.C. 23941a. Sec. 634B was added by sec. 502(c) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 959).
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Sec. 635.\1057\ General Authorities.--(a) Except as
otherwise specifically provided in this Act, assistance under
this Act may be furnished on a grant basis or on such terms,
including cash, credit, or other terms of repayment (including
repayment in foreign currencies or by transfer to the United
States Government of commodities) as may be determined to be
best suited to the achievement of the purposes of this Act, and
shall emphasize loans rather than grants wherever possible.
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\1057\ 22 U.S.C. 2395. Title II of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2003 (division E of
Public Law 108-7; 117 Stat. 164), provided the following:
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``DEVELOPMENT CREDIT AUTHORITY
``(including transfer of funds)
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``For the cost of direct loans and loan guarantees, as authorized
by sections 108 and 635 of the Foreign Assistance Act of 1961, funds
may be derived by transfer from funds appropriated by this Act to carry
out part I of such Act and under the heading `Assistance for Eastern
Europe and the Baltic States': Provided, That such funds when added to
the funds transferred pursuant to the authority contained under this
heading in Public Law 107-115, shall not exceed $24,500,000, which
shall be made available only for micro and small enterprise programs,
urban programs, and other programs which further the purposes of part I
of the Act: 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 United States Agency for
International Development, $7,591,000, which may be transferred to and
merged with the appropriation for Operating Expenses of the United
States Agency for International Development: Provided further, That
funds made available under this heading shall remain available until
September 30, 2007.''.
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(b) The President may make loans, advances, and grants to,
make and perform agreements and contracts with, or enter into
other transactions with, any individual, corporation, or other
body of persons, friendly government or government agency,
whether within or without the United States and international
organizations in furtherance of the purposes and within the
limitations of this Act.
(c) It is the sense of Congress that the President, in
furthering the purposes of this Act, shall use to the maximum
extent practicable the services and facilities of voluntary,
nonprofit organizations registered with, and approved by, the
Agency for International Development.\1058\
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\1058\ Reference to the Agency for International Development was
inserted in lieu of a reference to the Advisory Committee on Voluntary
Foreign Aid by sec. 121 of the International Development Cooperation
Act of 1979 (Public Law 96-53; 93 Stat. 366).
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(d) The President may accept and use in furtherance of the
purposes of this Act, money, funds, property, and services of
any kind made available by gift, devise, bequest, grant, or
otherwise for such purpose.
(e)(1) \1059\ Any agency of the United States Government is
authorized to pay the cost of health and accident insurance for
foreign participants in any program of furnishing technical
information and assistance administered by such agency while
such participants are absent from their homes for the purpose
of participation in such program.
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\1059\ Sec. 302(i)(1) of the FA Act of 1967 added paragraph
designation ``(1)'' and par. (2).
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(2) \1059\ 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 \1060\ under this Act, the President--
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\1060\ The words ``and sales'', which appeared at this point, were
added by sec. 302(g) of the FA Act of 1965; then deleted by sec.
302(i)(2) of the FA Act of 1967, effective June 30, 1968.
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(1) may issue letters of credit and letters of
commitment;
(2) may collect or compromise any obligations
assigned to, or held by, and any legal or equitable
rights accruing to him, and, as he may determine, refer
any such obligations or rights to the Attorney General
for suit or collection;
(3) may acquire and dispose of, upon such terms and
conditions as he may determine, any property, including
any instrument evidencing indebtedness or ownership
(provided that equity securities may not be directly
purchased although such securities may be acquired by
other means such as by exercise of conversion rights or
through enforcement of liens or pledges or otherwise to
satisfy a previously incurred indebtedness), and
guarantee payment against any such instrument;
(4) may determine the character of, and necessity
for, obligations and expenditures of funds used in
making such loans and the manner in which they shall be
incurred, allowed, and paid, subject to provisions of
law specifically applicable to corporations of the
United States Government; and
(5) shall cause to be maintained an integral set of
accounts which shall be audited by the General
Accounting Office in accordance with principles and
procedures applicable to commercial corporate
transactions as provided by the Government Corporation
Control Act, as amended (31 U.S.C. 841 et seq.).
(h) A contract or agreement which entails commitments for
the expenditure of funds \1061\ available under chapter 1
\1062\ (except development loans) \1063\ and title II of
chapter 2 of part I and under part II may, subject to any
future action of the Congress, extend at any time for not more
than five years.
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\1061\ Sec. 302(g) of the FA Act of 1962 deleted the word ``made''
which appeared after the word ``funds''.
\1062\ 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).
\1063\ The words ``(except development loans)'' were added by sec.
302(d) of the FA Act of 1966.
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(i) Claims arising as a result of investment guaranty
operations may be settled, and disputes arising as the result
thereof may be arbitrated with the consent of the parties, on
such terms and conditions as the President may direct. Payment
made pursuant to any such settlement, or as a result of an
arbitration award, shall be final and conclusive
notwithstanding any other provision of law.
(j) The provisions of section 955 of title 18 of the United
States Code shall not apply to prevent any person, including
any individual, partnership, corporation, or association, from
acting for, or participating in, any operation or transaction
arising under this Act, or from acquiring any obligation issued
in connection with any operation or transaction arising under
this Act.
(k) \1064\ Any cost-type contract or agreement (including
grants) entered into with a university, college, or other
educational institution for the purpose of carrying out
programs authorized by part I may provide for the payment of
the reimbursable indirect costs of said university, college, or
other educational institution on the basis of predetermined
fixed-percentage rates applied to the total or an element
thereof, of the reimbursable direct costs incurred.
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\1064\ Subsec. (k) was added by sec. 302(e) of the FA Act of 1963.
---------------------------------------------------------------------------
(l) \1065\ 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.
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\1065\ Sec. 301 of the Global AIDS and Tuberculosis Relief Act of
2000 (Public Law 106-264; 114 Stat. 760) added subsec. (l).
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(m) \1066\ (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--
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\1066\ Added by sec. 404 of the Microenterprise for Self-Reliance
and International Anti-Corruption Act of 2000 (Public Law 106-309; 114
Stat. 1098).
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(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.\1067\ Provisions on Uses of Funds.--(a)
Appropriations for the purposes of or pursuant to this Act
(except for Part II), allocations to any agency of the United
States Government, from other appropriations, for functions
directly related to the purposes of this Act, and funds made
available for other purposes to the agency primarily
responsible for administering part I, shall be available for:
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\1067\ 22 U.S.C. 2396.
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(1) rent of buildings and space in buildings in the
United States, and for repair, alteration, and
improvements of such leased properties;
(2) expenses of attendance at meetings concerned with
the purposes of such appropriations of this Act,
including (notwithstanding the provisions of section 9
of Public Law 60328 (31 U.S.C. 673)) expenses in
connection with meetings and persons whose employment
is authorized by section 626;
(3) contracting with individuals for personal service
abroad: Provided, That such individuals shall not be
regarded as employees of the United States Government
for the purpose of any law administered by the Civil
Service Commission;
(4) purchase, maintenance, operation, and hire of
aircraft: Provided, That aircraft for administrative
purposes may be purchased only as specifically provided
for in an appropriation or other Act;
(5) purchase and hire of passenger motor vehicles:
Provided, That, except as may otherwise be provided in
an appropriation or other Act, passenger motor vehicles
for administrative purposes outside the United States
may be purchased for replacement only, and such
vehicles may be exchanged or sold and replaced by an
equal number of such vehicles and the cost, including
exchange allowance, of each such replacement shall not
exceed the current market price in the United States of
a mid-sized sedan or station wagon meeting the
requirements established by the General Services
Administration for a Class III vehicle of United States
manufacture (or, if the replacement vehicle is a right-
hand drive vehicle, 120 percent of that price) \1068\
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 \1069\ of the head of the agency primarily
responsible for administering part I, may be purchased
for use in the United States only as may be
specifically provided in an appropriation or other Act;
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\1068\ 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).
\1069\ 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 2002,
vol. II, sec. F, notes.
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(6) entertainment (not to exceed $25,000 in any
fiscal year except as may otherwise be provided in an
appropriation or other Act);
(7) exchange of funds without regard to section 3651
of the Revised Statutes (31 U.S.C. 543) and loss by
exchange;
(8) expenditures (not to exceed $50,000 in any fiscal
year except as may otherwise be provided in an
appropriation or other Act) of a confidential character
other than entertainment: Provided, That a certificate
of the amount of such expenditure, the nature of which
it is considered inadvisable to specify, shall be made
by the head of the agency primarily responsible for
administering part I or such person as he may
designate, and every such certificate shall be deemed a
sufficient voucher for the amount therein specified;
\1070\
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\1070\ See also sec. 614(c) of this Act.
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(9) insurance of official motor vehicles or aircraft
acquired for use in foreign countries;
(10) rent or lease outside the United States for not
to exceed ten years of offices, buildings, grounds, and
quarters, including living quarters to house personnel,
and payments therefor in advance; maintenance,
furnishings, necessary repairs, improvements, and
alterations to properties owned or rented by the United
States Government or made available for use to the
United States Government outside the United States; and
costs of fuel, water, and utilities for such
properties;
(11) expenses of preparing and transporting to their
former homes, or, with respect to foreign participants
engaged in any program under part I, to their former
homes or places of burial, and of care and disposition
of, the remains of persons or members of the families
of persons who may die while such persons are away from
their homes participating in activities carried out
with funds covered by this subsection;
(12) purchase of uniforms;
(13) payment of per diem in lieu of subsistence to
foreign participants engaged in any program under part
I while such participants are away from their homes in
countries other than the United States, at rates not in
excess of those prescribed by the standardized
Government travel regulations, notwithstanding any
other provision of law;
(14) use in accordance with authorities of the
Foreign Service Act of 1980 \1071\ (22 U.S.C. 3901 et
seq.) not otherwise provided for;
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\1071\ Sec. 1211(b)(1) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279)
inserted reference to the 1980 Act which updated a reference to the
1946 version of the Act which had been repealed and replaced by the
1980 version.
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(15) ice and drinking water for use outside the
United States;
(16) services of commissioned officers of the
Environmental Science Services Administration and for
the purposes of providing such services to the
Environmental Science Services Administration \1072\
may appoint not to exceed twenty commissioned officers
in addition to those otherwise authorized;
---------------------------------------------------------------------------
\1072\ Sec. 302(k) of the FA Act of 1967 inserted ``Environmental
Science Service Administration'' in lieu of ``Coast and Geodetic
Survey''.
---------------------------------------------------------------------------
(17) \1073\ * * * [Repealed--2002]
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\1073\ Sec. 271(7) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (title II of
Public Law 107-372; 116 Stat. 3094) repealed para. (17), which had
provided as follows:
``(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.''.
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(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) \1074\ Notwithstanding any other law, not to exceed
$6,000,000 \1075\ of the funds available for assistance under
this Act \1076\ 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
\1076\ may be used, notwithstanding any other law, to equip,
staff, operate, and maintain such schools and hospitals.
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\1074\ 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.''.
\1075\ 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).
\1076\ The words ``(other than title I of chapter 2 of part I)'',
which previously appeared at this point, were struck by sec. 102(g)(2)
of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 943).
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(d) Not to exceed $2,500,000 \1077\ of funds available for
assistance under this Act \1076\ may be used in any fiscal year
to provide assistance, on such terms and conditions as are
deemed appropriate, to schools established, or to be
established, outside the United States whenever it is
determined that such action would be more economical or would
best serve the interests of the United States in providing for
the education of dependents of personnel carrying out
activities authorized by this Act and dependents of United
States Government personnel, in lieu of acquisition or
construction pursuant to subsection (c) of this section.
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\1077\ Sec. 302(1) of the FA Act of 1967 inserted ``$2,500,000'' in
lieu of ``$1,500,000''.
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(e) Funds available under this Act \1076\ 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 84-918 (7 U.S.C. 1881 et seq.)
may be used to carry out the foregoing authority
notwithstanding that interchange of personnel may not be
involved or that the training may not take place at the
institutions specified in that Act. Such training shall not be
considered employment or holding of office under section 5533
of title 5 of the United States Code,\1078\ and any payments or
contributions in connection therewith may, as deemed
appropriate by the head of the agency of the United States
Government authorizing such training, be made by private or
public sources and be accepted by any trainee, or may be
accepted by and credited to the current applicable
appropriation of such agency: Provided, however, That any such
payments to any employee in the nature of compensation shall be
in lieu, or in reduction, of compensation received from the
United States Government.
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\1078\ 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 \1079\
may be used for expenses (other than those provided for under
section 637(a)) to assist in carrying out functions under
chapter 1 \1080\ 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 \1081\ (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.\1082\
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\1079\ 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).
\1080\ 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).
\1081\ 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 2002, vol. I-B.
\1082\ 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 2002, vol. I-B.
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(g) Funds made available for the purposes of part II or the
Arms Export Control Act \1083\ shall be available for--
---------------------------------------------------------------------------
\1083\ 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 \1084\ and defense services on a
grant or sales basis by the agency primarily
responsible for administering part II; \1085\
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\1084\ 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).
\1085\ The words to this point, beginning with ``incurred in
furnishing'' (except as noted in footnote 1084) were added by sec.
302(d) of the FA Act of 1968.
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(2) reimbursement of actual expenses of military
officers detailed or assigned as tour directors in
connection with orientation visits of foreign military
and related civilian personnel,\1086\ in accordance
with the provisions of section 5702(c) of title 5 of
the United States Code,\1087\ applicable to civilian
officers and employees; and
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\1086\ 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).
\1087\ Sec. 302(n) of the FA Act of 1967 inserted ``5702(c) of
title 5 of the United States Code'' in lieu of ``3 of the Travel
Expense Act of 1949, as amended (5 U.S.C. 836),''.
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(3) maintenance, repair, alteration, and furnishing
of United States-owned facilities in the District of
Columbia or elsewhere for the training of foreign
military and related civilian personnel \1086\ 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) \1088\ 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.
---------------------------------------------------------------------------
\1088\ Subsec. (h) was added by sec. 302(f) of the FA Act of 1963.
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(i) \1089\ Notwithstanding section 640 or any other
provision of this Act, none of the funds made available to
carry out this Act shall be used to finance the purchase, sale,
long-term lease, exchange, or guaranty of a sale of motor
vehicles unless such motor vehicles are manufactured in the
United States. Provided, That where special circumstances exist
the President is authorized to waive the provisions of this
section in order to carry out the purposes of this Act.
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\1089\ Subsec. (i) was added by sec. 302(o) of the FA Act of 1967.
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Sec. 637.\1090\ Administrative Expenses.--(a) \1091\ * * *
[Repealed--1978]
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\1090\ 22 U.S.C. 2397.
\1091\ Subsec. (a) was repealed by sec. 604 of the International
Development and Food Assistance Act of 1978 (Public Law 95-424; 92
Stat. 961).
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(b) There is hereby authorized to be appropriated \1092\
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.\1093\
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\1092\ 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.
\1093\ The FA Appropriation Act, 1975, appropriated $4,800,000, as
authorized by this section.
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Sec. 638.\1094\ Exclusions.\1095\--(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.\1096\
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\1094\ 22 U.S.C. 2398. Sec. 638 was added by sec. 302(h) of the FA
Act of 1963.
\1095\ The word ``Exclusions'' was inserted in lieu of ``Peace
Corps Assistance'' by sec. 19 of the FA Act of 1973.
\1096\ 12 U.S.C. 635. The words ``: or famine or disaster relief,
including such relief through voluntary agencies, under title II of the
Agricultural Trade Development and Assistance Act of 1954, as
amended'', which appeared at this point, were struck out by sec. 202(j)
of the FA Act of 1965.
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(b) \1097\ No provision of this Act or any other provision
of law shall be construed to prohibit assistance for any
training activity which is funded under this Act for Brazil or
Argentina as long as such country continues to have a
democratically elected government and the assistance is
otherwise consistent with sections 116, 502B, 620(f), 620A, and
660 of this Act.
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\1097\ Subsec. (b) was added by sec. 588 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1988
(Continuing Appropriations for 1988; Public Law 100-202; 101 Stat.
1329). Sec. 588 also provided that subsec. (b) not apply with respect
to funds appropriated prior to the enactment of Public Law 100-202.
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Sec. 639.\1098\ Famine or Disaster Relief. * * *
[Repealed--1975]
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\1098\ Sec. 639 was repealed by sec. 101(6) of Public Law 94-161
(89 Stat. 849).
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Sec. 639A.\1099\ Disaster Relief Assistance. * * *
[Redesignated--1975]
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\1099\ Sec. 639A, as added by the FA Act of 1973, was redesignated
as sec. 494A of this Act by sec. 101(5) of Public Law 94-161 (89 Stat.
849). It was subsequently repealed in 1978.
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Sec. 639B.\1100\ African Development Program. * * *
[Redesignated--1975]
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\1100\ Sec. 639B, as added by sec. 20 of the FA Act of 1973, was
redesignated as sec. 494B by sec. 101(5) of Public Law 94-161 (89 Stat.
849). It has subsequently been redesignated as sec. 120 of this Act.
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Sec. 640.\1101\ Military Sales. * * * [Repealed--1968]
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\1101\ Sec. 640 was repealed by sec. 45(a) of the Foreign Military
Sales Act (Public Law 90-629).
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Sec. 640A.\1102\ False Claims and Ineligible Commodities.--
(a) Any person who makes or causes to be made or presents or
causes to be presented to any bank or other financial
institution or to any officer, agent, or employee of any agency
of the United States Government a claim for payment from funds
made available under this Act for the purposes of furnishing
assistance and who knows the claim to be false, fraudulent, or
fictitious or to cover a commodity or commodity-related service
determined by the President to be ineligible for payment from
funds made available under this Act, or who uses to support his
claim any certification, statement, or entry on any contract,
bill of lading, Government or commercial invoice, or Government
form, which he knows, or in the exercise of prudent business
management should know, to contain false, fraudulent, or
fictitious information, or who uses or engages in any other
fraudulent trick, scheme, or device for the purpose of securing
or obtaining, or aiding to secure or obtain, for any person any
benefit or payment from funds so made available under this Act
in connection with the negotiation, procurement, award, or
performance of a contract financed with funds so made available
under this Act, and any person who enters into an agreement,
combination or conspiracy to do so, (1) shall pay to the United
States an amount equal to 25 per centum of any amount thereby
sought to be wrongfully secured or obtained but not actually
received, and (2) shall forfeit and refund any payment,
compensation, loan, commission, or advance received as a result
thereof, and (3) shall, in addition, pay to the United States
for each such act (A) the sum of $2,000 and double the amount
of any damage which the United States may have sustained by
reason thereof, or (B) an amount equal to 50 per centum of any
such payment, compensation, loan, commission, or advance so
received, whichever is the greater, together with the costs of
suit.
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\1102\ 22 U.S.C. 2399. Sec. 640A was added by sec. 302(f) of the FA
Act of 1968.
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(b) In order to secure recovery under this section, the
President may, as he deems appropriate, (1) institute suit in
the United States district court for any judicial district in
which the person alleged to have performed or participated in
an act described by this section may reside or may be found,
and (2) upon posting by registered mail to such person a notice
of claim describing the basis therefor and identifying the
funds to be withheld, withhold from funds owed by any agency of
the United States Government to such person an amount equal to
the refund, damages, liquidated damages, and exemplary damages
claimed by the United States under this section. Any such
withholding of funds from any person shall constitute a final
determination of the rights and liabilities of such person
under this section with respect to the amount so withheld,
unless within one year of receiving the notice of claim such
person brings suit for recovery, which is hereby authorized,
against the United States in any United States district court.
(c) For purposes of this section, the term ``person''
includes any individual, corporation, partnership, association,
or other legal entity.
Sec. 640B.\1103\ 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.\1104\ 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.\1105\
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\1103\ 22 U.S.C. 2399. Sec. 640B was added by sec. 21 of the FA Act
of 1973. Sec. 1523 of the Foreign Affairs Agencies Consolidation Act of
1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
2681-794; 22 U.S.C. 6593) provided the following:
``Sec. 1523. Assistance Programs Coordination and Oversight.
``(a) Authority of the Secretary of State.--
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``(1) In general.--Under the direction of the President, the
Secretary of State shall coordinate all United States
assistance in accordance with this section, except as provided
in paragraphs (2) and (3).
``(2) Export promotion activities.--Coordination of
activities relating to promotion of exports of United States
goods and services shall continue to be primarily the
responsibility of the Secretary of Commerce.
``(3) International economic activities.--Coordination of
activities relating to United States participation in
international financial institutions and relating to
organization of multilateral efforts aimed at currency
stabilization, currency convertibility, debt reduction, and
comprehensive economic reform programs shall continue to be
primarily the responsibility of the Secretary of the Treasury.
``(4) Authorities and powers of the secretary of state.--The
powers and authorities of the Secretary provided in this
chapter are in addition to the powers and authorities provided
to the Secretary under any other Act, including section 101(b)
and section 622(c) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151(b), 2382(c)).
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``(b) Coordination Activities.--Coordination activities of the
Secretary of State under subsection (a) shall include--
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``(1) approving an overall assistance and economic
cooperation strategy;
``(2) ensuring program and policy coordination among agencies
of the United States Government in carrying out the policies
set forth in the Foreign Assistance Act of 1961, the Arms
Export Control Act, and other relevant assistance Acts;
``(3) pursuing coordination with other countries and
international organizations; and
``(4) resolving policy, program, and funding disputes among
United States Government agencies.
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``(c) Statutory Construction.--Nothing in this section may be
construed to lessen the accountability of any Federal agency
administering any program, project, or activity of United States
assistance for any funds made available to the Federal agency for that
purpose.
``(d) Authority To Provide Personnel of the Agency for
International Development.--The Administrator of the Agency for
International Development is authorized to detail to the Department of
State on a nonreimbursable basis such personnel employed by the Agency
as the Secretary of State may require to carry out this section.''.
\1104\ 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).
\1105\ This sentence was added by sec. 127(a) of the International
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat.
542).
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(b) The President shall prescribe appropriate procedures to
assure coordination among--
(1) the various departments and agencies of the
United States Government having representatives in
diplomatic missions abroad; and
(2) representatives of the United States Government
in each country, under the direction of the Chief of
the United States Diplomatic Mission.
The President shall keep the Congress advised of his actions
under this subsection.
(c) Programs authorized by this Act shall be undertaken
with the foreign policy guidance of the Secretary of State.
(d) \1106\ * * * [Repealed--1978]
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\1106\ Subsec. (d), which had required an annual report from the
President regarding U.S. actions affecting the development of less
developed countries, was repealed by sec. 502(d)(1) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 959). A similar report is now required under sec. 634
of this Act.
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(e) \1107\ 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.
---------------------------------------------------------------------------
\1107\ Subsecs. (e) and (f), were added by sec. 127(c) of the
International Development and Food Assistance Act of 1977 (Public Law
95-88; 91 Stat. 543).
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(f) \1107\ 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) \1108\ * * * [Repealed--1981]
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\1108\ Subsec. (g), as added by sec. 127(c) of Public Law 95-88 (91
Stat. 543) and amended by sec. 502(d)(2) of Public Law 95-424 (92 Stat.
959), was repealed by sec. 734(a)(1) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
Formerly, subsec. (g) required an annual report to Congress on the
Committee's operations. Such information is now required under sec.
634(a)(9) of this Act.
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Sec. 640C.\1109\ 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 \1110\ 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.
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\1109\ 22 U.S.C. 2399d. Sec. 640C was added by sec. 21 of the FA
Act of 1973.
\1110\ The reference to chapter 4 of part II was inserted in lieu
of a reference to part V by sec. 708 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159).
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Chapter 3--Miscellaneous Provisions
Sec. 641.\1111\ 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''.
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\1111\ 22 U.S.C. 2401.
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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 \1112\ 402, 408, 417, 502(a), 502(b),
514, 523(d) and 536; \1113\, \1114\
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\1112\ 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.
\1113\ For retained provisions of the Mutual Security Act of 1954,
see Legislation on Foreign Relations Through 2002, 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).
\1114\ The words ``: Provided, That until the enactment of
legislation authorizing and appropriating funds for activities
heretofore carried on pursuant to sections 405(a), 405(c), 405(d), and
451(c) of the Mutual Security Act of 1954, as amended, such activities
may be continued with funds made available under section 451(a) of this
Act'', which appeared at this point, were struck out by sec. 303(a) of
the FA Act of 1965.
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(3) section 12 of the Mutual Security Act of 1955;
(4) sections 12, 13, and 14 of the Mutual Security
Act of 1956;
(5) section 503 of the Mutual Security Act of 1958;
(6) section 108 of the Mutual Security Appropriation
Act, 1959;
(7) section 501(a), chapter VI, and sections 702 and
703 of the Mutual Security Act of 1959, as amended; and
(8) section 604 and chapter VIII of the Mutual
Security Act of 1960.
(b) References in law to the Acts, or provisions of such
Acts, repealed by subsection (a) of this section shall
hereafter be deemed to be references to this Act or appropriate
provisions of this Act.
(c) The repeal of the Acts listed in subsection (a) of this
section shall not be deemed to affect amendments contained in
such Acts to Acts not named in that subsection.
Sec. 643.\1115\ 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 \1116\
shall continue in full force and effect until modified by
appropriate authority.
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\1115\ 22 U.S.C. 2402.
\1116\ The words ``and the Foreign Assistance Act of 1969'' were
added by sec. 308 of the FA Act of 1969.
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(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) \1117\ * * * [Repealed--1962]
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\1117\ Subsec. (d) was repealed by sec. 303(a) of the FA Act of
1962.
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Sec. 644.\1118\ Definitions.--As used in this Act--
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\1118\ 22 U.S.C. 2403.
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(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),\1119\ byproduct material, special nuclear
material, production facilities,\1120\ utilization facilities,
or atomic weapons or articles involving Restricted Data.\1120\
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\1119\ The parenthetical phrase was added by sec. 22 of the
International Security Assistance Act of 1979 (Public Law 96-92; 93
Stat. 710).
\1120\ Sec. 303(a)(1) of the FA Act of 1967 added the words
``production facilities, utilization facilities,'' and ``or articles
involving Restricted Data.''.
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(e) ``Defense information'' includes any document, writing,
sketch, photograph, plan, model, specification, design,
prototype, or other recorded or oral information relating to
any defense article or defense service, but shall not include
Restricted Data as defined by the Atomic Energy Act of 1954, as
amended, and data removed from the Restricted Data category
under section 142d of that Act.\1121\
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\1121\ 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''.
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(f) \1122\ ``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.
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\1122\ Subsec. (f) was amended by sec. 106(b) of the International
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 733). It formerly read as follows:
```Defense service' includes any service, test, inspection, repair,
training, publication, or technical or other assistance, or defense
information used for the purposes of furnishing military assistance.
`Training' includes formal or informal instruction of foreign students
in the United States or overseas by officers or employees of the United
States, contract technicians, contractors (including instruction at
civilian institutions), or by correspondence courses, technical,
educational, or information publications and media of all kinds,
training aid, orientation, training exercise, and military advice to
foreign military units and forces.''.
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(g) \1123\ ``Excess defense articles'' means the quantity
of defense articles (other than construction equipment,
including tractors, scrapers, loaders, graders, bulldozers,
dump trucks, generators, and compressors) \1124\ 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.
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\1123\ 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.''.
\1124\ Sec. 9(b) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4934) inserted ``(other than
construction equipment, including tractors, scrapers, loaders, graders,
bulldozers, dump trucks, generators, and compressors)'' after
``articles''.
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(h) ``Function'' includes any duty, obligation, power,
authority, responsibility, right, privilege, discretion, or
activity.
(i) \1125\ * * * [Repealed--1973]
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\1125\ Subsec. (i), which related to mobilization reserve, was
repealed by sec. 22(2) of the FA Act of 1973.
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(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) \1126\ ``Value'' means--
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\1126\ Sec. 22(3) of the FA Act of 1973 amended subsec. (m), which
formerly read as follows:
``(m) `Value' means, other than in section 657 of this Act--
``(1) with respect to excess defense articles, the gross cost
incurred by the United States Government in repairing, rehabilitating,
or modifying such articles;
``(2) with respect to nonexcess defense articles delivered from
inventory to countries or international organizations under this Act,
the standard price in effect at the time such articles are dropped from
inventory by the supplying agency. Such standard price shall be the
same price (including authorized reduced prices) used for transfers or
sales of such articles in or between the Armed Forces of the United
States Government, or, where such articles are not transferred or sold
in or between the Armed Forces of the United States, the gross cost to
the United States Government adjusted as appropriate for condition and
market value; and
``(3) with respect to nonexcess defense articles delivered from new
procurement to countries or international organizations under this Act,
the contract or production costs of such articles.
``Military assistance programs and orders shall be based upon the
best estimates of stock status and prevailing prices: reimbursements to
the supplying agency shall be made on the basis of the stock status and
prices determined pursuant to this section. Notwithstanding the
foregoing provisions of this section, the Secretary of Defense may
prescribe regulations authorizing reimbursements to the supplying
agency based on negotiated prices for aircraft, vessels, plant
equipment and such other major items as he may specify: Provided, That
such articles are not excess at the time such prices are negotiated:
Provided further, That such prices are negotiated at the time firm
orders are placed with the supplying agency.''.
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(1) with respect to an excess defense article, the
actual value of the article plus the gross cost
incurred by the United States Government in repairing,
rehabilitating, or modifying the article, except that
for purposes of section 632(d) such actual value shall
not be taken into account;
(2) with respect to a nonexcess defense article
delivered from inventory to foreign countries or
international organizations under this Act, the
acquisition cost to the United States Government,
adjusted as appropriate for condition and market value;
(3) with respect to a nonexcess defense article
delivered from new procurement to foreign countries or
international organizations under this Act, the
contract or production costs of such article;
(4) with respect to a defense service, the cost to
the United States Government of such service; and
(5) \1127\ with respect to military education and
training or services provided under chapter 8 of part
II of this Act, the additional costs that are incurred
by the United States Government in furnishing such
assistance.
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\1127\ Par. (5) was added by sec. 115(b)(1) of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
Stat. 3140). The reference to chapter 8 of part II was added by the
International Security and Development Assistance Authorizations Act of
1983 (sec. 101(b)(2) of the Further Continuing Appropriations, 1984;
Public Law 98-151; 97 Stat. 972). Pursuant to Public Law 98-151, this
amendment was enacted as contained in title II of H.R. 2992, as
reported by the House Committee on Foreign Affairs on May 17, 1983.
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(n) \1128\ ``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.
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\1128\ 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).
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(o) \1129\ ``Agriculture'' includes aquaculture and
fisheries.
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\1129\ 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).
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(p) \1129\ ``Farmers'' includes fishermen and other persons
employed in cultivating and harvesting food resources from salt
and fresh waters.
(q) \1130\ ``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.).
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\1130\ Sec. 147(a)(2) of Public Law 104-164 (110 Stat. 1435) added
subsec. (q).
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Sec. 645.\1131\ 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 \1132\ 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.
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\1131\ 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.''.
\1132\ Sec. 303(c) of the FA Act of 1965 inserted ``the Latin
American Development Act, as amended'' in lieu of ``Public Law 86-
735''.
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Sec. 646.\1133\ 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.
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\1133\ 22 U.S.C. 2405.
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Sec. 647.\1134\ Dependable Fuel Supply.--It is of paramount
importance that long-range economic plans take cognizance of
the need for a dependable supply of fuels, which is necessary
to orderly and stable development and growth, and that
dependence not be placed upon sources which are inherently
hostile to free countries and the ultimate well-being of
economically underdeveloped countries and which might exploit
such dependence for ultimate political domination. The agencies
of government in the United States are directed to work with
other countries in developing plans for basing development
programs on the use of the large and stable supply of
relatively low cost fuels available in the free world.
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\1134\ 22 U.S.C. 2406.
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Sec. 648.\1135\ Special Authorization for Use of Foreign
Currencies.--Subject to the provisions of section 1415 of the
Supplemental Appropriation Act, 1953,\1136\ the President is
authorized, as a demonstration of good will on the part of the
people of the United States for the Polish and Italian people,
to use foreign currencies accruing to the United States
Government under this or any other Act, for assistance on such
terms and conditions as he may specify, in the repair,
rehabilitation, improvement, and maintenance of cemeteries in
Italy serving as the burial place of members of the armed
forces of Poland who died in combat in Italy during World War
II.
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\1135\ 22 U.S.C. 2407. Sec. 648 was added by sec. 303, of the FA
Act of 1964.
\1136\ See 31 U.S.C. 1306.
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Sec. 649.\1137\ Limitation on Aggregate Authorization for
Use in Fiscal Year 1966. * * * [Repealed--1978]
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\1137\ Sec. 649, which had been added by the FA Act of 1965, was
repealed by sec. 604 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
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Sec. 650.\1138\ Use of United States Armed Forces.--The
furnishing of economic, military, or other assistance under
this Act shall not be construed as creating a new commitment or
as affecting any existing commitment to use Armed Forces of the
United States for the defense of any foreign country.
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\1138\ 22 U.S.C. 2409. Sec. 650 was added by sec. 302(b) of the FA
Act of 1967.
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Sec. 651.\1139\ Sale of Supersonic Planes to Israel. * * *
[Repealed--1978]
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\1139\ Sec. 651, as added by the FA Act of 1968, was repealed by
sec. 604 of the International Development and Food Assistance Act of
1978 (Public Law 95-424; 92 Stat. 961).
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Sec. 652.\1140\ Limitation Upon Exercise of Special
Authorities.--The President shall not exercise any special
authority granted to him under section 506(a), 552(c)(2),\1141\
or 610(a) \1142\ of this Act unless the President, before
\1143\ he intends to exercise any such authority, notifies the
Speaker of the House of Representatives and the Committee on
Foreign Relations of the Senate in writing of each such
intended exercise, the section of this Act under which such
authority is to be exercised, and the justification for, and
the extent of, the exercise of such authority.
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\1140\ 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.''.
\1141\ The reference to sec. 552(c)(2) was added by sec. 105(b)(2)
of Public Law 99-83; 99 Stat. 196.
\1142\ 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).
\1143\ Sec. 103(c) of Public Law 104-164 (110 Stat. 1424) struck
out ``prior to the date'' and inserted in lieu thereof ``before''.
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Sec. 653.\1144\ Change in Allocation of Foreign
Assistance.--(a) \1145\ 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,\1146\ 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.\1147\
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\1144\ 22 U.S.C. 2413. Sec. 653 was added by sec. 304(b) of the FA
Act of 1971.
\1145\ The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 187), provided the following:
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``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 United States
Agency for International Development `program, project, and activity'
shall also be considered to include central, country, regional, and
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.''.
\1146\ 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).
\1147\ Sec. 21(1) of the FA Act of 1974 struck the balance of
subsection (a) at this point. The stricken part read as follows:
``Notwithstanding any other provision of law the United States
Government shall not provide to any foreign country or international
organization any funds under that law which exceeds by 10 per centum
the amount of military grant assistance or security supporting
assistance, as the case may be, which the President notified the
Congress that the United States Government intended to provide that
country or organization under that law, unless the President (1)
determines that it is in the security interests of the United States
that such country or organization receive funds in excess of the amount
included in such notification for that country or organization, and (2)
reports to Congress at least ten days prior to the date on which such
excess funds are to be provided to that country or organization, each
such determination, including the name of the country or organization
to receive funds in excess of such per centum, the amount of funds in
excess of that per centum which are to be provided, and the
justification for providing the additional assistance.''.
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(b) \1148\ The provisions of this section shall not apply
in the case of any law making continuing appropriations and may
not be waived under the provisions of section 614(a) of this
Act.
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\1148\ 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--
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``(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.\1149\ Presidential Findings and Determinations.--
(a) In any case in which the President is required to make a
report to the Congress, or to any committee or officer of
either House of Congress, concerning any finding or
determination under any provision of this Act, the Foreign
Military Sales Act, or the Foreign Assistance and Related
Programs Appropriation Act for each fiscal year, that finding
or determination shall be reduced to writing and signed by the
President.
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\1149\ 22 U.S.C. 2414. Sec. 654 was added by sec. 304(b) of the FA
Act of 1971.
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(b) No action shall be taken pursuant to any such finding
or determination prior to the date on which that finding or
determination has been reduced to writing and signed by the
President.
(c) Each such finding or determination shall be published
in the Federal Register as soon as practicable after it has
been reduced to writing and signed by the President. In any
case in which the President concludes that such publication
would be harmful to the national security of the United States,
only a statement that a determination or finding has been made
by the President, including the name and section of the Act
under which it was made, shall be published.
(d) No committee or officer of either House of Congress
shall be denied any requested information relating to any
finding or determination which the President is required to
report to the Congress, or to any committee or officer of
either House of Congress, under any provision of this Act, the
Foreign Military Sales Act, or the Foreign Assistance and
Related Programs Appropriation Act for each fiscal year, even
though such report has not yet been transmitted to the
appropriate committee or officer of either House of Congress.
SEC. 655.\1150\ 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.
---------------------------------------------------------------------------
\1150\ 22 U.S.C. 2415. Sec. 1324(c) of the National Defense
Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
481) added a new sec. 655, requiring an annual report on military
assistance, military exports, and military imports for each of 1996 and
1997. Sec. 148 of Public Law 104-164 (110 Stat. 1435) amended and
restated sec. 655, requiring a report annually for each fiscal year.
An earlier sec. 655--Limitations Upon Assistance to or for
Cambodia--was added by the FA Act of 1971, and was repealed by sec. 604
of the International Development and Food Assistance Act of 1978
(Public Law 95-424; 92 Stat. 961).
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(b) \1151\ 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--
---------------------------------------------------------------------------
\1151\ 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--
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``(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,\1152\ including, in
the case of defense articles that are firearms
controlled under category I of the United States
Munitions List, a statement of the aggregate dollar
value and quantity of semiautomatic assault weapons, or
spare parts for such weapons, the manufacture,
transfer, or possession of which is unlawful under
section 922 of title 18, United States Code, that were
licensed for export during the period covered by the
report.\1153\
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\1152\ 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''.
\1153\ Sec. 1205(c) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1433) added ``, including, in the
case of defense articles that are firearms controlled under category I
of the United States Munitions List, a statement of the aggregate
dollar value and quantity of semiautomatic assault weapons, or spare
parts for such weapons, the manufacture, transfer, or possession of
which is unlawful under section 922 of title 18, United States Code,
that were licensed for export during the period covered by the
report''.
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(c) \1154\ Availability on Internet.--All unclassified
portions of such report shall be made available to the public
on the Internet through the Department of State.
---------------------------------------------------------------------------
\1154\ 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 this subsec. as subsec. (d).
It was subsequently redesignated as subsec. (c) by sec. 1262(b) of the
Security Assistance Act of 2002 (division B of the Foreign Relations
Authorization Act, Fiscal Year 2003; Public Law 107-228; 116 Stat.
1434), which also struck former subsec. (c), which pertained to
information relating to military imports.
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SEC. 656.\1155\ ANNUAL FOREIGN MILITARY TRAINING REPORT.
(a) \1156\ Annual Report.
(1) \1156\ In general.--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.
---------------------------------------------------------------------------
\1155\ 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. See also sec. 564 of the Kenneth M. Ludden Foreign
Operations, Export Financing, and Related Appropriations Act, 2002
(Public Law 107-115; 115 Stat. 2163).
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).
\1156\ Sec. 1262(a)(1) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1434) struck out ``(a) Annual
Report.--Not'' and inserted in lieu thereof the subsec. (a) heading,
and para. designation and text ``(1) In general.--Not''.
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(2) \1157\ Exception for certain countries.--
Paragraph (1) does not apply to any NATO member,
Australia, Japan, or New Zealand, unless one of the
appropriate congressional committees has specifically
requested, in writing, inclusion of such country in the
report. Such request shall be made not later than 90
calendar days prior to the date on which the report is
required to be transmitted.
---------------------------------------------------------------------------
\1157\ Sec. 1262(a)(2) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1434) added para. (2).
---------------------------------------------------------------------------
(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.\1158\ Annual Report on Military Assistance and
Military Exports. * * * [Repealed--1981]
---------------------------------------------------------------------------
\1158\ Sec. 657, as added by the FA Act of 1971, was repealed by
sec. 502(d)(1) of the International Development and Food Assistance Act
of 1978 (Public Law 95-424; 92 Stat. 959). Subsequently, sec. 14 of the
International Security Assistance Act of 1978 (Public Law 95-384; 92
Stat. 739) added a new sec. 657. Sec. 657 was again repealed by sec.
734(a)(1) of the International Security and Development Cooperation Act
of 1981 (Public Law 97-113; 95 Stat. 1560). Some of the information
previously required annually under sec. 657 on military assistance and
military exports is now required by sec. 634(a)(10) of this Act and
sec. 25(a) of the Arms Export Control Act.
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Sec. 658.\1159\ Limitations on Use of Funds. * * *
[Repealed--1978]
---------------------------------------------------------------------------
\1159\ Sec. 658, as added by the FA Act of 1971, was repealed by
sec. 604 of the International Development and Food Assistance Act of
1978 (Public Law 95-424; 92 Stat. 961).
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Sec. 659.\1160\ Access to Certain Military Bases Abroad. *
* * [Repealed--1981]
---------------------------------------------------------------------------
\1160\ Sec. 659, as added by sec. 20(a) of the FA Act of 1974, was
repealed by sec. 734(a)(1) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
It formerly read as follows:
``Sec. 659. Access to Certain Military Bases Abroad.--None of the
funds authorized to be appropriated for foreign assistance (including
foreign military sales, credit sales, and guaranties) under this Act
may be used to provide any kind of assistance to any foreign country in
which a military base is located if--
``(1) such base was constructed or is being maintained or operated
with funds furnished by the United States;
``(2) personnel of the United States carry out military operations
from such base; and
``(3) unless and until the President has determined that the
government of such country has, consistent with security, authorized
access, on a regular basis, to bona fide news media correspondents of
the United States to such military base.''.
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Sec. 660.\1161\ Prohibiting Police Training.--(a) On and
after July 1, 1975, none of the funds made available to carry
out this Act, and none of the local currencies generated under
this Act, shall be used to provide training or advice, or
provide any financial support, for police, prisons, or other
law enforcement forces for any foreign government or any
program of internal intelligence or surveillance on behalf of
any foreign government within the United States or abroad.
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\1161\ 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, 2003 (division E of Public Law 108-7; 117 Stat.
195, 214), provided the following:
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``ADMINISTRATION OF JUSTICE ACTIVITIES
---------------------------------------------------------------------------
``Sec. 536. 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.
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* * * * * * *
``COMMUNITY-BASED POLICE ASSISTANCE
---------------------------------------------------------------------------
``Sec. 582. (a) Authority.--Funds made available 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 used, notwithstanding section
660 of that Act, to enhance the effectiveness and accountability of
civilian police authority in Jamaica and El Salvador through training
and technical assistance in human rights, the rule of law, strategic
planning, and through assistance to foster civilian police roles that
support democratic governance including assistance for programs to
prevent conflict and foster improved police relations with the
communities they serve.
``(b) Report.--
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``(1) The Administrator of the United States Agency for
International Development shall submit, at the time of
submission of the agency's Congressional Budget Justification
Document for fiscal year 2004, and annually thereafter, a
report to the Committees on Appropriations describing the
progress these programs are making toward improving police
relations with the communities they serve and
institutionalizing an effective community-based police program.
``(2) The requirements of paragraph (1) are in lieu of the
requirements contains in section 587(b) of Public Law 107-115.
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``(c) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.''.
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--
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``(1) transfers of excess defense articles under section 517
of that Act (22 U.S.C. 2321k);
``(2) funds made available for the `Foreign Military
Financing Program' under section 23 of the Arms Export Control
Act (22 U.S.C. 2763) that are used for assistance provided for
narcotics-related purposes; or
``(3) international military education and training under
chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 and following) that is provided for narcotics-
related purposes.
---------------------------------------------------------------------------
``(b) Notification to Congress.--At least 15 days before any
transfer under subsection (a)(1) or any obligation of funds under
subsection (a)(2) or (a)(3), the President shall notify the appropriate
congressional committees (as defined in section 481(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the
procedures applicable to reprogramming notifications under section 634A
of that Act (22 U.S.C. 2394).
``(c) Coordination With International Narcotics Control Assistance
Program.--Assistance provided pursuant to this section shall be
coordinated with international narcotics control assistance under
chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2291 et seq.).''.
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(b) Subsection (a) of this section shall not apply--
(1) with respect to assistance rendered under section
515(c) of the Omnibus Crime Control and Safe Streets
Act of 1968 \1162\ with respect to any authority of the
Drug Enforcement Administration or the Federal Bureau
of Investigation which relates to crimes of the nature
which are unlawful under the laws of the United States,
or with respect to assistance authorized under section
482 of this Act;
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\1162\ Public Law 90-351 (82 Stat. 197), approved June 19, 1968.
Such sec. 515(c) was redesignated as sec. 515(b) by sec. 124 of Public
Law 94-503.
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(2) to any contract entered into prior to the date of
enactment of this section with any person,
organization, or agency of the United States Government
to provide personnel to conduct, or assist in
conducting, any such program;
(3) \1163\ with respect to assistance, including
training, in maritime law enforcement and other
maritime skills; \1164\
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\1163\ Clause (3) was added by sec. 127(b) by Public Law 99-83 (99
Stat. 205).
\1164\ Sec. 540A(d) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
Stat. 737), struck out ``; or'' at the end of para. (3); added ``; or''
at the end of para. (4), and added new paras. (5) and (6).
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(4) \1165\ with respect to assistance provided to
police forces in connection with their participation in
the regional security system of the Eastern Caribbean
states; or \1164\
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\1165\ Sec. 594 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2060), added paragraph (4).
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(5) \1164\ with respect to assistance, including
training, relating to sanctions monitoring and
enforcement;
(6) \1164\ 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; \1166\
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\1166\ 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).
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(7) \1166\ 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) \1167\ 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.
---------------------------------------------------------------------------
\1167\ Subsecs. (c) and (d) were added by sec. 711 of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83; 99 Stat. 244).
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(d) \1167\, \1168\ 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 \1169\ of
the House of Representatives and the Committee on Foreign
Relations of the Senate, in accordance with the procedures
applicable to reprogramming notifications pursuant to section
634A of this Act, that he has determined that the government of
the recipient country has made significant progress, during the
preceding six months, in eliminating any human rights
violations including torture, incommunicado detention,
detention of persons solely for the non-violent expression of
their political views, or prolonged detention without trial.
Any such notification shall include a full description of the
assistance which is proposed to be provided and of the purposes
to which it is to be directed.
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\1168\ 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).
\1169\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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SEC. 661.\1170\ 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.\1171\
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\1170\ 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''.
\1171\ 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''.
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(b) Authority To Provide Assistance.--
(1) Authority.--The Director of the Trade and
Development Agency is authorized to work with foreign
countries, including those in which the United States
development programs have been concluded or those not
receiving assistance under part I, to carry out the
purpose of this section by providing funds for
feasibility studies, architectural and engineering
design, and other activities related to development
projects which provide opportunities for the use of
United States exports.
(2) Use of funds.--Funds under this section may be
used to provide support for feasibility studies for the
planning, development, and management of, and
procurement for, bilateral and multilateral development
projects, including training activities undertaken in
connection with a project, for the purpose of promoting
the use of United States goods and services in such
projects. Funds under this section may also be used for
architectural and engineering design, including--
(A) concept design, which establishes the
basic technical and operational criteria for a
project, such as architectural drawings for a
proposed facility, evaluation of site
constraints, procurement requirements, and
equipment specifications; and
(B) detail design, which sets forth specific
dimensions and criteria for structural,
mechanical, electrical, and architectural
operations, and identifies other resources
required for project operations.
(3) Information dissemination.--(A) The Trade and
Development Agency shall disseminate information about
its project activities to the private sector.
(B) Other agencies of the United States Government
shall cooperate with the Trade and Development Agency
in order for the Agency to provide more effectively
informational services to persons in the private sector
concerning trade development and export promotion
related to development projects.
(4) Nonapplicability of other provisions.--Any funds
used for purposes of this section may be used
notwithstanding any other provision of law.
(5) \1172\ Contributions to costs.--The Trade and
Development Agency shall, to the maximum extent
practicable, require corporations and other entities
to--
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\1172\ 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 \1173\ of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the
activities of the Trade and Development Agency in the preceding
fiscal year.
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\1173\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(e) Audits.--
(1) In general.--The Trade and Development Agency
shall be subject to the provisions of chapter 35 of
title 31, United States Code, except as otherwise
provided in this section.
(2) Independent audit.--An independent certified
public accountant shall perform a financial and
compliance audit of the financial statements of the
Trade and Development Agency each year, in accordance
with generally accepted Government auditing standards
for a financial and compliance audit, taking into
consideration any standards recommended by the
Comptroller General. The independent certified public
accountant shall report the results of such audit to
the Director of the Trade and Development Agency. The
financial statements of the Trade and Development
Agency shall be presented in accordance with generally
accepted accounting principles. These financial
statements and the report of the accountant shall be
included in a report which contains, to the extent
applicable, the information identified in section 3512
of title 31, United States Code, and which the Trade
and Development Agency shall submit to the Congress not
later than 6\1/2\ months after the end of the last
fiscal year covered by the audit. The Comptroller
General may review the audit conducted by the
accountant and the report to the Congress in the manner
and at such times as the Comptroller General considers
necessary.
(3) Audit by comptroller general.--In lieu of the
financial and compliance audit required by paragraph
(2), the Comptroller General shall, if the Comptroller
General considers it necessary or upon the request of
the Congress, audit the financial statements of the
Trade and Development Agency in the manner provided in
paragraph (2).
(4) Availability of information.--All books,
accounts, financial records, reports, files,
workpapers, and property belonging to or in use by the
Trade and Development Agency and the accountant who
conducts the audit under paragraph (2), which are
necessary for purposes of this subsection, shall be
made available to the representatives of the General
Accounting Office designated by the Comptroller
General.
(f) Funding.--
(1) \1174\ 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.
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\1174\ 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'').
Titles I and V of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 161, 215), 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, $44,512,000, to remain available
until September 30, 2004.
``In addition, for an additional amount for `Trade and Development
Agency' for trade capacity building assistance, $2,500,000, to remain
available until September 30, 2003: Provided, That any funds made
available by this paragraph shall be made available subject to the
regular notification procedures of the Committees on Appropriations.
---------------------------------------------------------------------------
* * * * * * *
``TRADE CAPACITY BUILDING
---------------------------------------------------------------------------
``Sec. 584. Of the funds appropriated by this Act, under the
headings `Trade and Development Agency', `Development Assistance',
`Transition Initiatives', `Economic Support Fund', `International
Affairs Technical Assistance', and `International Organizations and
Programs', not less than $452,000,000 should be made available for
trade capacity building assistance.''.
See also paragraph relating to assistance for the new independent
states of the former Soviet Union in title II of that Act (117 Stat.
169).
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 2002, 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 2002, vol. I-B.
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(B) Amounts appropriated pursuant to the
authorization of appropriations under subparagraph (A)
are authorized to remain available until expended.
(2) Funding for technical assistance grants by
multilateral development banks.--(A) The Trade and
Development Agency should, in carrying out its program,
provide, as appropriate, funds \1175\ to multilateral
development banks for technical assistance grants.
---------------------------------------------------------------------------
\1175\ 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''.
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(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.\1176\ Limitation on Intelligence Activities. * *
* [Repealed--1991]
---------------------------------------------------------------------------
\1176\ 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 2002, vol. IV.
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Sec. 663.\1177\ 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.
---------------------------------------------------------------------------
\1177\ 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.\1178\ Waiver of Prohibition Against Assistance to
Countries Engaging in Certain Trade. * * * [Repealed--1977]
---------------------------------------------------------------------------
\1178\ 22 U.S.C. 2424. Sec. 664, as added by sec. 33 of the FA Act
of 1974, was repealed by sec. 123(c) of the International Development
and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541). It
formerly read as follows:
``Sec. 664. Waiver of Prohibition Against Assistance to Countries
Engaging in Certain Trade.--Any provision of this Act which prohibits
assistance to a country because that country is engaging in trade with
a designated country, or because that country permits ships or aircraft
under its registry to transport any equipment, materials, or
commodities to or from such designated country, may be waived by the
President if he determines that such waiver is in the national interest
and reports such determination to the Congress.''.
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Sec. 665.\1179\ Transition Provisions for Interim Quarter.
* * * [Repealed--1978]
---------------------------------------------------------------------------
\1179\ Sec. 665, as added by Public Law 94-161 (89 Stat. 849), was
repealed by sec. 604 of the International Development and Food
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
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Sec. 666.\1180\ 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.
---------------------------------------------------------------------------
\1180\ 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.\1181\ Operating Expenses.--(a) There are
authorized to be appropriated to the President, in addition to
funds otherwise available for such purposes--
---------------------------------------------------------------------------
\1181\ 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).
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(1) $387,000,000 for the fiscal year 1986 and
$387,000,000 for the fiscal year 1987 \1182\ for
necessary operating expenses of the agency primarily
responsible for administering part I of this Act,\1183\
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
---------------------------------------------------------------------------
\1182\ 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 2003--no authorization.
Congress did not enact an authorization for fiscal year 2003.
Instead, the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7), waived the
requirements for authorization, and title II of that Act (at 117 Stat.
165, 166) provided the following:
---------------------------------------------------------------------------
``OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section
667, $572,000,000: Provided, That none of the funds appropriated under
this heading and under the heading `Capital Investment Fund' may be
made available to finance the construction (including architect and
engineering services), purchase, or long term lease of offices for use
by the United States 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.
---------------------------------------------------------------------------
``CAPITAL INVESTMENT FUND
---------------------------------------------------------------------------
``For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section 667,
$43,000,000, to remain available until expended: Provided, That this
amount is in addition to funds otherwise available for such purposes:
Provided further, That of the funds appropriated under this heading, up
to $10,000,000 may be made available for costs related to the
construction of temporary, secure facilities for United States Agency
for International Development personnel in Afghanistan: Provided
further, That the Administrator of the United States Agency for
International Development shall assess fair and reasonable rental
payments for the use of space by employees of other United States
Government agencies in buildings constructed using funds appropriated
under this heading, and such rental payments shall be deposited into
this account as an offsetting collection: Provided further, That the
rental payments collected pursuant to the previous proviso and
deposited as an offsetting collection shall be available for obligation
only pursuant to the regular notification procedures of the Committees
on Appropriations: Provided further, That the assignment of United
States Government employees or contractors to space in buildings
constructed using funds appropriated under this heading shall be
subject to the concurrence of the Administrator of the United States
Agency for International Development: Provided further, That funds
appropriated under this heading shall be available for obligation only
pursuant to the regular notification procedures of the Committees on
Appropriations.
---------------------------------------------------------------------------
``OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE
OF INSPECTOR GENERAL
---------------------------------------------------------------------------
``For necessary expenses to carry out the provisions of section
667, $33,300,000, to remain available until September 30, 2004, which
sum shall be available for the Office of the Inspector General of the
United States Agency for International Development.''.
See also sec. 511 of that Act (117 Stat. 182)--Availability of
Funds; and sec. 534 (117 Stat. 193)--Special Authorities.
Title I, chapter 3 of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 573), provided
the following:
---------------------------------------------------------------------------
``OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
---------------------------------------------------------------------------
``For an additional amount for `Operating Expenses of the United
States Agency for International Development', $24,500,000, of which not
less than $3,500,000 may be transferred to and merged with ``Operating
Expenses of the United States Agency for International Development
Office of Inspector General'' for financial and program audits of the
Iraq Relief and Reconstruction Fund and other assistance for Iraq.''.
\1183\ The words following ``Act'' were added by sec. 402 of Public
Law 99-529 (100 Stat. 3010).
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(2) such amounts as may be necessary for increases in
salary, pay, retirement, and other employee benefits
authorized by law, and for other nondiscretionary costs
of such agency.
(b) Amounts appropriated under this section are authorized
to remain available until expended.
Sec. 668.\1184\ Report on Korea. * * * [Repealed--1981]
---------------------------------------------------------------------------
\1184\ Sec. 668, as added by sec. 411 of Public Law 94-329 (90
Stat. 760), was repealed by sec. 734(a)(1) of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1560). This report, which had been required on an annual basis,
1976-81, included information on progress made by Korea to modernize
its armed forces, on the U.S. role in mutual security efforts in Korea,
and on prospects for or implementation of phased reduction of U.S.
Armed Forces assigned to duty in Korea. Similar information is now
required under sec. 25(a)(9) of the Arms Export Control Act.
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Sec. 669.\1185\ Nuclear Enrichment Transfers. * * *
[Repealed--1994]
---------------------------------------------------------------------------
\1185\ 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.\1186\ Nuclear Reprocessing Transfers, Illegal
Exports for Nuclear Explosive Devices, Transfers of Nuclear
Explosive Devices, and Nuclear Detonations. * * * [Repealed--
1994]
---------------------------------------------------------------------------
\1186\ 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.\1187\ Notification of Program Changes. * * *
[Redesignated--1978]
---------------------------------------------------------------------------
\1187\ Sec. 671, as added by Public Law 95-88 (91 Stat. 543), was
redesignated as sec. 634A of this Act by sec. 502(b) of the
International Development and Food Assistance Act of 1978 (Public Law
95-424; 92 Stat. 959).
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PART IV--ENTERPRISE FOR THE AMERICAS INITIATIVE \1188\
SEC. 701.\1189\ 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.
---------------------------------------------------------------------------
\1188\ 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.
\1189\ 22 U.S.C. 2430.
---------------------------------------------------------------------------
SEC. 702.\1190\ DEFINITIONS.
For purposes of this part--
---------------------------------------------------------------------------
\1190\ 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 \1191\ and the
Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate;
---------------------------------------------------------------------------
\1191\ 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.\1192\ 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--
---------------------------------------------------------------------------
\1192\ 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.\1193\ REDUCTION OF CERTAIN DEBT.
(a) Authority To Reduce Debt.--
---------------------------------------------------------------------------
\1193\ 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.\1194\ 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.
---------------------------------------------------------------------------
\1194\ 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.\1195\ 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.
---------------------------------------------------------------------------
\1195\ 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.\1196\ 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).
---------------------------------------------------------------------------
\1196\ 22 U.S.C. 2430f. Title IV of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2003 (division E of
Public Law 108-7; 117 Stat. 178), 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, $24,590,667, to remain available until
expended.''.
---------------------------------------------------------------------------
(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.\1197\ 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.
---------------------------------------------------------------------------
\1197\ 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.\1198\ ENTERPRISE FOR THE AMERICAS BOARD.
For purposes of this part, the Enterprise for the Americas
Board shall--
---------------------------------------------------------------------------
\1198\ 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.\1199\ 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.
---------------------------------------------------------------------------
\1199\ 22 U.S.C. 2430i.
---------------------------------------------------------------------------
PART V--DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH TROPICAL FORESTS
\1200\, \1201\
SEC. 801.\1202\ SHORT TITLE.
This part may be cited as the ``Tropical Forest
Conservation Act of 1998''.
---------------------------------------------------------------------------
\1200\ 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). For
complete text of regulations governing determinations, authorizations,
etc., and remaining funds under part V, see page 768. 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).
\1201\ Sec. 554 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 201), provided the following:
---------------------------------------------------------------------------
``PROTECTION OF BIODIVERSITY AND TROPICAL FORESTS
---------------------------------------------------------------------------
``Sec. 554. Of the funds appropriated under the heading
`Development Assistance', not less than $145,000,000 should be made
available for programs and activities which directly protect
biodiversity, including forests, in developing countries: Provided,
That of the funds made available under this section, $50,000,000 shall
be made available to carry out tropical forest conservation activities
authorized by the Foreign Assistance Act of 1961, of which amount up to
$40,000,000 may be made available for the cost, as defined in section
502 of the Congressional Budget Act of 1974, of modifying loans and
loan guarantees, pursuant to the provisions of part V of such Act, the
Tropical Forest Conservation Act of 1998.''.
Title II of the Kenneth M. Ludden Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002 (Public Law
107-115; 115 Stat. 2133), 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, $229,000,000, to remain available until expended: Provided, That
not less than $5,000,000 of the funds appropriated under this heading
shall be made available to carry out the provisions of part V of the
Foreign Assistance Act of 1961, and up to $20,000,000 of unobligated
balances of funds available under this heading from prior year
appropriations acts should be made available to carry out such
provisions: 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.''.
\1202\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
SEC. 802.\1203\ FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
---------------------------------------------------------------------------
\1203\ 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.\1204\ DEFINITIONS.
As used in this part:
---------------------------------------------------------------------------
\1204\ 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.\1205\ 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.
---------------------------------------------------------------------------
\1205\ 22 U.S.C. 2431b.
---------------------------------------------------------------------------
SEC. 805.\1206\ 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--
---------------------------------------------------------------------------
\1206\ 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 \1207\ 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.
---------------------------------------------------------------------------
\1207\ Sec. 1 of Public Law 107-26 (115 Stat. 206) struck out
``major'' before ``investment''.
---------------------------------------------------------------------------
(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.\1208\ 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.
---------------------------------------------------------------------------
\1208\ 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.
(d) \1209\ Authorization of Appropriations for Fiscal Years
After Fiscal Year 2001.--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 or section 807,
there are authorized to be appropriated to the President the
following:
---------------------------------------------------------------------------
\1209\ Sec. 2(a) of Public Law 107-26 (115 Stat. 206) added subsec.
(d).
---------------------------------------------------------------------------
(1) $50,000,000 for fiscal year 2002.
(2) $75,000,000 for fiscal year 2003.
(3) $100,000,000 for fiscal year 2004.
SEC. 807.\1210\ 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.
---------------------------------------------------------------------------
\1210\ 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.\1211\ 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).
---------------------------------------------------------------------------
\1211\ 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 be appropriated
under sections 806(a)(2), 807(a)(2), and 806(d)
\1212\ shall be made available for such
reduction of debt pursuant to subparagraph (A).
---------------------------------------------------------------------------
\1212\ Sec. 2(b) of Public Law 107-26 (115 Stat. 206) struck out
``to appropriated under sections 806(a)(2) and 807(a)(2)'' and inserted
in lieu thereof ``to be appropriated under sections 806(a)(2),
807(a)(2), and 806(d)''.
---------------------------------------------------------------------------
(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.\1213\ 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.
---------------------------------------------------------------------------
\1213\ 22 U.S.C. 2431g.
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(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.\1214\ 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.
---------------------------------------------------------------------------
\1214\ 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.\1215\ 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.
---------------------------------------------------------------------------
\1215\ 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 and shall be the
representative from the Department of State appointed
under section 610(b)(1)(A) of such Act''.\1216\
---------------------------------------------------------------------------
\1216\ Sec. 3 of Public Law 107-26 (115 Stat. 206) struck out
``from among the representatives appointed under section 610(b)(1)(A)
of such Act or paragraph (1)(A) of this subsection'' and inserted in
lieu thereof ``and shall be the representative from the Department of
State appointed under section 610(b)(1)(A) of such Act''.
---------------------------------------------------------------------------
(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.\1217\ 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.
---------------------------------------------------------------------------
\1217\ 22 U.S.C. 2431j.
---------------------------------------------------------------------------
SEC. 813.\1218\ 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--
---------------------------------------------------------------------------
\1218\ 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..................................................... 389
Section 1--The Need for International Defense Cooperation and
Military Export Controls................................... 389
Section 2--Coordination With Foreign Policy.................. 391
Section 3--Eligibility....................................... 392
Section 4--Purposes for Which Military Sales by the United
States Are Authorized...................................... 400
Section 5--Prohibition Against Discrimination................ 400
Section 6--Foreign Intimidation and Harassment of Individuals
in the United States....................................... 402
Chapter 2--Foreign Military Sales Authorizations................. 402
Section 21--Sales From Stocks................................ 402
Section 22--Procurement for Cash Sales....................... 411
Section 23--Credit Sales..................................... 413
Section 24--Guaranties....................................... 417
Section 25--Annual Estimate and Justification for Sales
Program.................................................... 418
Section 26--Security Assistance Surveys...................... 421
Section 27--Authority of President to Enter into Cooperative
Projects with Friendly Foreign Countries................... 421
Chapter 2A--Foreign Military Construction Sales.................. 425
Section 29--Foreign Military Construction Sales.............. 425
Chapter 2B--Sales to United States Companies for Incorporation
Into End Items................................................. 425
Section 30--General Authority................................ 425
Chapter 2C--Exchange of Training and Related Support............. 426
Section 30A--Exchange of Training and Related Support........ 426
Chapter 3--Military Export Controls.............................. 427
Section 31--Authorization and Aggregate Ceiling on Foreign
Military Sales Credits..................................... 427
Section 33--Restraint in Arms Sales to Sub-Saharan Africa.... 430
Section 34--Foreign Military Sales Credit Standards.......... 430
Section 35--Foreign Military Sales to Less Developed
Countries.................................................. 431
Section 36--Reports on Commercial and Governmental Military
Exports; Congressional Action.............................. 431
Section 37--Fiscal Provisions Relating to Foreign Military
Sales Credits.............................................. 445
Section 38--Control of Arms Exports and Imports.............. 445
Section 39--Fees of Military Sales Agents and Other Payments. 456
Section 39A--Prohibition on Incentive Payments............... 457
Section 40--Transactions With Countries Supporting Acts of
International Terrorism.................................... 459
Section 40A--Transactions With Countries Not Fully
Cooperating With United States Antiterrorism Efforts....... 466
Chapter 3A--End-Use Monitoring of Defense Articles and Defense
Services....................................................... 466
Section 40A End-Use Monitoring of Defense Articles and
Defense Services........................................... 466
Chapter 4--General, Administrative, and Miscellaneous Provisions. 467
Section 41--Effective Date................................... 467
Section 42--General Provisions............................... 468
Section 43--Administrative Expenses.......................... 470
Section 44--Statutory Construction........................... 470
Section 45--Statutes Repealed and Amended.................... 470
Section 46--Savings Provisions............................... 471
Section 47--Definitions...................................... 471
Chapter 5--Special Defense Acquisition Fund...................... 473
Section 51--Special Defense Acquisition Fund................. 473
Section 52--Use and Transfer of Items Procured by the Fund... 474
Chapter 6--Leases of Defense Articles and Loan Authority for
Cooperative Research and Development Purposes.................. 475
Section 61--Leasing Authority................................ 475
Section 62--Reports to the Congress.......................... 477
Section 63--Legislative Review............................... 478
Section 64--Application of Other Provisions of Law........... 479
Section 65--Loan of Materials, Supplies, and Equipment for
Research and Development Purposes.......................... 479
Chapter 7--Control of Missiles and Missile Equipment Technology.. 480
Section 71--Licensing........................................ 480
Section 72--Denial of the Transfer of Missile Equipment or
Technology by United States Persons........................ 481
Section 73--Transfers of Missile Equipment or Technology by
Foreign Persons............................................ 483
Section 73A--Notification of Admittance of MTCR Adherents.... 486
Section 73B--Authority Relating to MTCR Adherents............ 487
Section 74--Definitions...................................... 487
Chapter 8--Chemical or Biological Weapons Proliferation.......... 488
Section 81--Sanctions Against Certain Foreign Persons........ 488
Chapter 9--Transfer of Certain CFE Treaty-Limited Equipment to
NATO Members................................................... 492
Section 91--Purpose.......................................... 492
Section 92--CFE Treaty Obligations........................... 492
Section 93--Authorities...................................... 492
Section 94--Notifications and Reports to Congress............ 493
Section 95--Definitions...................................... 494
Chapter 10--Nuclear Nonproliferation Controls.................... 494
Section 101--Nuclear Enrichment Transfers.................... 494
Section 102--Nuclear Reprocessing Transfers, Illegal Exports
for Nuclear Explosive Devices, Transfers of Nuclear
Explosive Devices, and Nuclear Detonations................. 496
Section 103--Definition of Nuclear Explosive Device.......... 502
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; Public Law
106-280 [Security Assistance Act of 2000; H.R. 4919], 114 Stat.
845, approved October 6, 2000; and by Public Law 107-228 [Foreign
Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
Stat. 1350, approved September 30, 2002
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.''.
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Chapter 1--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND
RESTRAINTS
Section 1.\2\ The Need for International Defense
Cooperation and Military Export Controls.--As declared by the
Congress in the Arms Control and Disarmament Act, an ultimate
goal of the United States continues to be a world which is free
from the scourge of war and the dangers and burdens of
armaments; in which the use of force has been subordinated to
the rule of law; and in which international adjustments to a
changing world are achieved peacefully. In furtherance of that
goal, it remains the policy of the United States to encourage
regional arms control and disarmament agreements and to
discourage arms races.
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\2\ 22 U.S.C. 2751. See also 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; sec. 154 of Public Law
104-164 (110 Stat. 1440), relating to Panama's eligibility under this
Act, in Legislation on Foreign Relations Through 2002, vol. I-B.
See also sec. 564 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (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
2002, vol. II.
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The Congress recognizes, however, that the United States
and other free and independent countries continue to have valid
requirements for effective and mutually beneficial defense
relationships in order to maintain and foster the environment
of international peace and security essential to social,
economic, and political progress. Because of the growing cost
and complexity of defense equipment, it is increasingly
difficult and uneconomic for any country, particularly a
developing country, to fill all of its legitimate defense
requirements from its own design and production base. The need
for international defense cooperation among the United States
and those friendly countries to which it is allied by mutual
defense treaties is especially important, since the
effectiveness of their armed forces to act in concert to deter
or defeat aggression is directly related to the operational
compatibility of their defense equipment.
Accordingly, it remains the policy of the United States to
facilitate the common defense by entering into international
arrangements with friendly countries which further the
objective of applying agreed resources of each country to
programs and projects of cooperative exchange of data,
research, development, production, procurement, and logistics
support to achieve specific national defense requirements and
objectives of mutual concern. To this end, this Act authorizes
sales by the United States Government to friendly countries
having sufficient wealth to maintain and equip their own
military forces at adequate strength, or to assume
progressively larger shares of the costs thereof, without undue
burden to their economies, in accordance with the restraints
and control measures specified herein and in furtherance of the
security objectives of the United States and of the purposes
and principles of the United Nations Charter.
It is the sense of the Congress that all such sales be
approved only when they are consistent with the foreign policy
interests of the United States, the purposes of the foreign
assistance program of the United States as embodied in the
Foreign Assistance Act of 1961, as amended, the extent and
character of the military requirement, and the economic and
financial capability of the recipient country, with particular
regard being given, where appropriate, to proper balance among
such sales, grant military assistance, and economic assistance
as well as to the impact of the sales on programs of social and
economic development and on existing or incipient arms
races.\3\
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\3\ A paragraph, as amended by sec. 4 of Public Law 91-672 and
which had previously appeared at this point, was repealed by sec.
734(a)(10) of the International Security and Development Cooperation
Act of 1981 (Public Law 97-113; 95 Stat. 1560). It formerly read as
follows:
``It is further the sense of Congress that sales and guaranties
under sections 21, 22, 23, and 24, shall not be approved where they
would have the effect of arming military dictators who are denying the
growth of fundamental rights or social progress to their own people:
Provided, That the President may waive this limitation when he
determines it would be important to the security of the United States,
and promptly so reports to the Speaker of the House of Representatives
and the Committee on Foreign Relations in the Senate.''.
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It shall be the policy of the United States to exert
leadership in the world community to bring about arrangements
for reducing the international trade in implements of war and
to lessen the danger of outbreak of regional conflict and the
burdens of armaments. United States programs for or procedures
governing the export, sale, and grant of defense articles and
defense services to foreign countries and international
organizations shall be administered in a manner which will
carry out this policy.
It is the sense of the Congress that the President should
seek to initiate multilateral discussions for the purpose of
reaching agreements among the principal arms suppliers and arms
purchasers and other countries with respect to the control of
the international trade in armaments. It is further the sense
of Congress that the President should work actively with all
nations to check and control the international sale and
distribution of conventional weapons of death and destruction
and to encourage regional arms control arrangements. In
furtherance of this policy, the President should undertake a
concerted effort to convene an international conference of
major arms-supplying and arms-purchasing nations which shall
consider measures to limit conventional arms transfers in the
interest of international peace and stability.
It is the sense of the Congress that the aggregate value of
defense articles and defense services--
(1) which are sold under section 21 or section 22 of
this Act; or
(2) which are licensed or approved for export under
section 38 of this Act to, for the use, or for benefit
of the armed forces, police, intelligence, or other
internal security forces of a foreign country or
international organization under a commercial sales
contract;
in any fiscal year should not exceed current levels.\4\
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\4\ Sec. 202(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 734) amended
sec. 1 by striking out the last paragraph and adding the language
beginning with ``It shall be the policy of the United States''. The
last paragraph of sec. 1 formerly read as follows: ``In order to reduce
the role of the United States Government in the furnishing of defense
articles and defense services to foreign countries and international
organizations, and return such transactions to commercial channels, the
United States Government shall reduce its sales, credit sales, and
guaranties of such articles, and defense services as soon as, and to
the maximum extent, practicable.''.
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It is the sense of the Congress that the President maintain
adherence to a policy of restraint in conventional arms
transfers and that, in implementing this policy worldwide, a
balanced approach should be taken and full regard given to the
security interests of the United States in all regions of the
world and that particular attention should be paid to
controlling the flow of conventional arms to the nations of the
developing world. To this end, the President is encouraged to
continue discussions with other arms suppliers in order to
restrain the flow of conventional arms to less developed
countries.\5\
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\5\ This paragraph was added by sec. 15(a) of the International
Security Assistance Act of 1978 (92 Stat. 739). Sec. 15(b) of the same
Act required a report from the President to the Congress by December
31, 1979, concerning the implications of the multilateral discussions
referred to in the paragraph.
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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.
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\6\ 22 U.S.C. 2752. See also Presidential determinations, in notes
at section 38.
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(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--
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\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.''.
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(1) whether there will be a sale to or financing for
a country and the amount thereof;
(2) whether there will be a lease to a country;
(3) whether there will be a cooperative project and
the scope thereof; and
(4) whether there will be delivery or other
performance under the sale, lease, cooperative project,
or export,
to the end that sales, financing, leases, cooperative projects,
and exports will be integrated with other United States
activities and to the end that the foreign policy of the United
States would be best served thereby.
(c) The President shall prescribe appropriate procedures to
assure coordination among representatives of the United States
Government in each country, under the leadership of the Chief
of the United States Diplomatic Mission. The Chief of the
diplomatic mission shall make sure that recommendations of such
representatives pertaining to sales are coordinated with
political and economic considerations, and his comments shall
accompany such recommendations if he so desires.
Sec. 3.\8\ Eligibility.--(a) No defense article or defense
service shall be sold or leased \9\ by the United States
Government under this Act to any country or international
organization,\10\ and no agreement shall be entered into for a
cooperative project (as defined in section 27 of this Act),
unless--
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\8\ 22 U.S.C. 2753.
Sec. 551(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 200), provided the following:
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``caribbean basin
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``Sec. 551. (a) 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.''.
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--
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``(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.
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``(b) Definitions.--As used in this section--
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``(1) the term `defense article' has the same meaning given
to that term in section 47(3) of the Arms Export Control Act
(22 U.S.C. 2794(3)); and
``(2) the term `excess defense article' has the same meaning
given to that term in section 644(g) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2403(g)).''.
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\9\ The words ``or leased'' were added by sec. 109(b)(2)(A) of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1526).
\10\ The words ``and no agreement * * * of this Act)'', were added
by sec. 115(b)(2)(A) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 201).
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(1) \11\ the President finds that the furnishing of
defense articles and defense services to such country
or international organization will strengthen the
security of the United States and promote world peace;
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\11\ In 2003, to date, the President determined that the furnishing
of defense articles and services to Serbia and Montenegro will
strengthen the security of the United States and promote world peace
(Presidential determination No. 2003-22 of May 6, 2003; 68 F.R. 25809).
In 2002, the President made similar determinations in relation to
Palau, Kiribati, and Tuvalu (Presidential determination No. 2002-09 of
March 12, 2002; 67 F.R. 13245); Armenia, Azerbaijan, and Tajikistan
(Presidential determination No. 2002-15 of April 18, 2002; 67 F.R.
20429); and East Timor (Presidential determination No. 02-19 of May 27,
2002; 67 F.R. 39245).
The President made no determinations pursuant to this sec. in 1998-
2001.
In 1997, the President made a similar determination in relation to
Georgia, Kazakstan, Kyrgyzstan, Moldova, Turkmenistan, Russia, Ukraine,
and Uzbekistan (Presidential Determination No. 97-19 of March 11, 1997;
62 F.R. 13531).
In 1995 and 1996, the President made similar determinations for
Angola (Presidential Determination No. 95-32 of July 28, 1995; 60 F.R.
40255), Mongolia (Presidential Determination No. 95-38 of August 22,
1995; 60 F.R. 50069), Bosnia and Herzegovina (Presidential
Determination No. 96-10 of February 23, 1996; 61 F.R. 8463), Slovenia,
and the Former Yugoslav Republic of Macedonia (Presidential
Determination No. 96-18 of March 8, 1996; 61 F.R. 11497).
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(2) the country or international organization shall
have agreed not to transfer title to, or possession of,
any defense article or related training or other
defense service \12\ so furnished to it, or produced in
a cooperative project (as defined in section 27 of this
Act),\13\ to anyone not an officer, employee, or agent
of that country or international organization (or the
North Atlantic Treaty Organization or the specific
member countries (other than the United States) in the
case of a cooperative project) \14\ and not to use or
permit the use of such article or related training or
other defense service \12\ for purposes other than
those for which furnished \15\ unless the consent of
the President has first been obtained;
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\12\ Sec. 203(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) added the
words ``or related training or other defense service''.
\13\ Sec. 115(b)(2)(B)(i) of Public Law 99-83 (99 Stat. 201), added
the words ``or produced * * * of this Act''.
\14\ Sec. 115(b)(2)(B)(ii) of Public Law 99-83 (99 Stat. 201),
added the words ``(or the North Atlantic Treaty Organization or the
specific member countries (other than the United States) in the case of
a cooperative project)''.
\15\ Sec. 25(2) of the FA Act of 1973 struck out ``and'' at the end
of par. (2) and added the words to this point beginning with ``and not
to use or permit''.
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(3) \16\ the country or international organization
shall have agreed that it will maintain the security of
such article or service \17\ and will provide
substantially the same degree of security protection
afforded to such article or service \17\ by the United
States Government; and
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\16\ Sec. 25(2)(B) of the FA Act of 1973 added par. (3) and
redesignated former par. (3) as par. (4).
\17\ The words ``or service'' were added by sec. 115(b)(2)(c) of
Public Law 99-83 (99 Stat. 201). Sec. 1102(3)(C) of Public Law 99-145
(99 Stat. 710) made this same amendment.
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(4) \16\ the country or international organization is
otherwise eligible to purchase or lease \18\ defense
articles or defense services.
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\18\ The words ``or lease'' were added by sec. 109(b)(2)(B) of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1526).
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In considering a request for approval of any transfer of any
weapon, weapons system, munitions, aircraft, military boat,
military vessel, or other implement of war to another country,
the President shall not give his consent under paragraph (2) to
the transfer unless the United States itself would transfer the
defense article under consideration to that country.\19\ In
addition, the President shall not give his consent under
paragraph (2) to the transfer of any significant defense
articles on the United States Munitions List unless the foreign
country requesting consent to transfer agrees to demilitarize
such defense articles prior to transfer, or the proposed
recipient foreign country provides a commitment in writing to
the United States Government that it will not transfer such
defense articles, if not demilitarized, to any other foreign
country or person without first obtaining the consent of the
President.\20\ The President shall promptly submit a report to
the Speaker of the House of Representatives and to the
Committee on Foreign Relations of the Senate on the
implementation of each agreement entered into pursuant to
clause (2) of this subsection.
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\19\ Sec. 204(b)(1) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 736)
amended sec. 3 by striking out the following language after
``country'': ``, and prior to the date he intends to give his consent
to the transfer, the President notifies the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate in
writing of each such intended consent, the justification for giving
such consent, the defense article for which he intends to give his
consent to be so transferred, and the foreign country to which that
defense article is to be transferred''.
\20\ The words to this point, beginning with ``In considering a
request for approval'' were added by sec. 25(2)(C) of the FA Act of
1973.
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(b) \21\ The consent of the President under paragraph (2)
of subsection (a) or under paragraph (1) of section 505(a) of
the Foreign Assistance Act of 1961 (as it relates to
subparagraph (B) of such paragraph) shall not be required for
the transfer by a foreign country or international organization
of defense articles sold by the United States under this Act
if--
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\21\ Sec. 142 of Public Law 104-164 (110 Stat. 1433) inserted a new
subsec. (b). Former subsec. (b), as amended by sec. 1 of Public Law 91-
71, was repealed by sec. 15 of the International Security Assistance
Act of 1977 (Public Law 95-92; 91 Stat. 622). It had concerned U.S.
military assistance to a country which had seized an American fishing
vessel outside a 12-mile limit.
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(1) such articles constitute components incorporated
into foreign defense articles;
(2) the recipient is the government of a member
country of the North Atlantic Treaty Organization, the
Government of Australia, the Government of Japan, or
the Government of New Zealand;
(3) the recipient is not a country designated under
section 620A of the Foreign Assistance Act of 1961;
(4) the United States-origin components are not--
(A) significant military equipment (as
defined in section 47(9));
(B) defense articles for which notification
to Congress is required under section 36(b);
and
(C) identified by regulation as Missile
Technology Control Regime items; and
(5) the foreign country or international
organization provides notification of the
transfer of the defense articles to the United
States Government not later than 30 days after
the date of such transfer.
(c)(1)(A) \22\ No credits (including participations in
credits) may be issued and no guaranties may be extended for
any foreign country under this Act as hereinafter provided, if
such country uses defense articles or defense services
furnished under this Act, or any predecessor Act, in
substantial violation (either in terms of quantities or in
terms of the gravity of the consequences regardless of the
quantities involved) of any agreement entered into pursuant to
any such Act (i) by using such articles or services for a
purpose not authorized under section 4 or, if such agreement
provides that such articles or services may only be used for
purposes more limited than those authorized under section 4 for
a purpose not authorized under such agreement; (ii) by
transferring such articles or services to, or permitting any
use of such articles or services by, anyone not an officer,
employee, or agent of the recipient country without the consent
of the President; or (iii) by failing to maintain the security
of such articles or services.
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\22\ Sec. 304(b)(1) of the International Security Assistance and
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 754)
amended subsec. (c), which formerly read as follows:
``(c) Except as otherwise provided in subsection (d), any foreign
country which hereafter uses defense articles or defense services
furnished such country under this Act, in substantial violation of any
provision of this Act or any agreement entered into under this Act,
shall be immediately ineligible for further cash sales, credits, or
guarantees.''.
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(B) No cash sales or deliveries pursuant to previous sales
may be made with respect to any foreign country under this Act
as hereinafter provided, if such country uses defense articles
or defense services furnished under this Act, or any
predecessor Act, in substantial violation (either in terms of
quantity or in terms of the gravity of the consequences
regardless of the quantities involved) of any agreement entered
into pursuant to any such Act by using such articles or
services for a purpose not authorized under section 4 or, if
such agreement provides that such articles or services may only
be used for purposes more limited than those authorized under
section 4, for a purpose not authorized under such agreement.
(2) The President shall report to the Congress promptly
upon the receipt of information that a violation described in
paragraph (1) of this subsection may have occurred.
(3)(A) A country shall be deemed to be ineligible under
subparagraph (A) of paragraph (1) of this subsection, or both
subparagraphs (A) and (B) of such paragraph in the case of a
violation described in both such paragraphs, if the President
so determines and so reports in writing to the Congress, or if
the Congress so determines by joint resolution.
(B) Notwithstanding a determination by the President of
ineligibility under subparagraph (B) of paragraph (1) of this
subsection, cash sales and deliveries pursuant to previous
sales may be made if the President certifies in writing to the
Congress that a termination thereof would have significant
adverse impact on United States security, unless the Congress
adopts or has adopted a joint resolution pursuant to
subparagraph (A) of this paragraph with respect to such
ineligibility.
(4) A country shall remain ineligible in accordance with
paragraph (1) of this subsection until such time as--
(A) the President determines that the violation has
ceased; and
(B) the country concerned has given assurances
satisfactory to the President that such violation will
not recur.
(d) \23\ (1) \24\ Subject to paragraph (5), the President
may not \25\ 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,\26\ unless \27\ the President submits to
the Speaker of the House of Representatives and the Committee
on Foreign Relations of the Senate a written certification with
respect to such proposed transfer containing--
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\23\ Sec. 204(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 735) added
subsecs. (e) and (f). Sec. 304(b)(2) of the same Act repealed subsec.
(d) and redesignated subsecs. (e) and (f) as (d) and (e). Previously,
subsec. (d) read as follows:
``(d) A country shall remain ineligible in accordance with
subsection (c) of this section until such time as the President
determines that such violation has ceased, that the country concerned
has given assurances satisfactory to the President that such violation
will not recur, and that, if such violation involved the transfer of
sophisticated weapons without the consent of the President, such
weapons have been returned to the country concerned.''.
\24\ Sec. 16 of the International Security Assistance Act of 1977
(Public Law 95-92; 91 Stat. 622) added the designation ``(1)'',
redesignated former pars. (1) through (5) as subpars. (A) through (E),
and added a new par. (2).
\25\ Sec. 1405(a)(1)(A) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1456) struck out ``The President
may not'' and inserted in lieu thereof ``Subject to paragraph (5), the
President may not''.
\26\ 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.
\27\ The words ``, 30 days prior to giving such consent,'', which
previously appeared at this point were struck out by sec. 16(1) of the
International Security Assistance Act of 1977 (Public Law 95-92; 91
Stat. 622).
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(A) \24\ the name of the country or international
organization proposing to make such transfer,
(B) \24\, \28\ a description of the
article or service proposed to be transferred,
including its acquisition cost,
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\28\ Subpar. (B) was amended and restated by sec. 101(a)(1)(B) of
the International Security and Development Cooperation Act of 1981
(Public Law 97-113; 95 Stat. 1519). It formerly read as follows:
``(B) a description of the defense article or related training or
other defense service proposed to be transferred, including the
original acquisition cost of such defense article or related training
or other defense service''.
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(C) \24\ the name of the proposed recipient of such
article or service,\29\
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\29\ The words ``defense'' and ``related training or other
defense'', which formerly appeared before the words ``article'' and
``service'', respectively, were deleted by sec. 101(a)(1) of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1519).
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(D) \24\ the reasons for such proposed transfer, and
(E) \24\ the date on which such transfer is proposed
to be made.
Any certification submitted to Congress pursuant to this
paragraph shall be unclassified, except that information
regarding the dollar value and number of articles or services
\29\ 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),\30\
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,\31\ within such 30-day period, a joint
resolution \32\ prohibiting the proposed transfer.
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\30\ 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).
\31\ Public Law 99-247 (100 Stat. 9) replaced the language ``adopt
* * * concurrent resolution disapproving'' with the current text.
\32\ Sec. 577 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102
Stat. 2268-45), struck out ``law'' and inserted in lieu thereof ``joint
resolution, as provided for in sections 36(b)(2) and 36(b)(3) of this
Act''. Sec. 141(a)(1) of Public Law 104-164 (110 Stat. 1430)
subsequently struck out ``as provided for in sections 36(b)(2) and
36(b)(3) of this Act''.
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(B) \30\ 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,\31\ within such fifteen-day period, a joint
resolution \33\ prohibiting the proposed transfer.
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\33\ Sec. 141(a)(2) of Public Law 104-164 (110 Stat. 1430) struck
out ``law'' and inserted in lieu thereof ``joint resolution''.
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(C) \34\ If the President states in his certification under
subparagraph (A) or (B) that an emergency exists which requires
that consent to the proposed transfer become effective
immediately in the national security interests of the United
States, thus waiving the requirements of that subparagraph, the
President shall set forth in the certification a detailed
justification for his determination, including a description of
the emergency circumstances which necessitate immediate consent
to the transfer and a discussion of the national security
interests involved.
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\34\ Sec. 141(a)(3) of Public Law 104-164 (110 Stat. 1430) added
subparas. (C) and (D).
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
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(D) \34\ (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) \35\ (A) \36\ Subject to paragraph (5), the President
may not \37\ 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,\38\ unless
\39\ 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
\40\ containing the information specified in subparagraphs (A)
through (E) of paragraph (1). Such certification shall be
submitted--\41\
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\35\ 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).
\36\ Sec. 141(b)(1) of Public Law 104-164 (110 Stat. 1431) added
subpara. (A) designation.
\37\ Sec. 1405(a)(1)(A) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1456) struck out ``The President
may not'' and inserted in lieu thereof ``Subject to paragraph (5), the
President may not''.
\38\ 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).
\39\ Sec. 141(b)(2)(A) of Public Law 104-164 (110 Stat. 1431)
struck out ``at least 30 calendar days'' after ``unless''.
\40\ Sec. 141(b)(2)(B) of Public Law 104-164 (110 Stat. 1431)
struck out ``report'' and inserted in lieu thereof ``certification''.
\41\ Sec. 141(b)(3) of Public Law 104-164 (110 Stat. 1431) struck
out a sentence after ``paragraph (1).'', which read : ``Such consent
shall become effective then only if the Congress does not enact, within
a 30-day period, a joint resolution, as provided for in sections
36(c)(2) and 36(c)(3) of this Act prohibiting the proposed transfer.'',
and inserted in lieu thereof the text beginning with ``Such
certification shall be submitted--''. The former text had been added by
sec. 577 of Public Law 100-461 (102 Stat. 2268-45).
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
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(i) at least 15 calendar days before such consent is
given in the case of a transfer to a country which is a
member of the North Atlantic Treaty Organization or
Australia, Japan, or New Zealand; and
(ii) at least 30 calendar days before such consent is
given in the case of a transfer to any other country,
unless the President states in his certification that an
emergency exists which requires that consent to the proposed
transfer become effective immediately in the national security
interests of the United States. If the President states in his
certification that such an emergency exists (thus waiving the
requirements of clause (i) or (ii), as the case may be, and of
subparagraph (B)) the President shall set forth in the
certification a detailed justification for his determination,
including a description of the emergency circumstances which
necessitate that consent to the proposed transfer become
effective immediately and a discussion of the national security
interests involved.
(B) Consent to a transfer subject to subparagraph (A) shall
become effective after the end of the 15-day or 30-day period
specified in subparagraph (A)(i) or (ii), as the case may be,
only if the Congress does not enact, within that period, a
joint resolution prohibiting the proposed transfer.
(C)(i) Any joint resolution under this paragraph shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(ii) For the purpose of expediting the consideration and
enactment of joint resolutions under this paragraph, a motion
to proceed to the consideration of any such joint resolution
after it has been reported by the appropriate committee shall
be treated as highly privileged in the House of
Representatives.
(4) \35\ 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) \42\ to arrangements among members of the North
Atlantic Treaty Organization or between the North
Atlantic Treaty Organization and any of its member
countries--
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\42\ Subpar. (C) was amended and restated by sec. 11 of the
International Security Assistance Act of 1979 (Public Law 96-92; 93
Stat. 705). It formerly read as follows:
``(C) to cooperative cross servicing arrangements among members of
the North Atlantic Treaty Organization.''.
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(i) for cooperative cross servicing, or
(ii) for lead-nation procurement if the
certification transmitted to the Congress
pursuant to section 36(b) of this Act with
regard to such lead-nation procurement
identified the transferees on whose behalf the
lead-nation procurement was proposed.
(D) \43\ * * * [Repealed--1981]
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\43\ Subpar. (D), as added by sec. 101(b) of Public Law 96-536 (94
Stat. 3131), was repealed by sec. 101(a)(3)(C) of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1520). Subpar. (D) had stipulated that subsec. (d) would not
apply to transfers to NATO, member countries of NATO, Japan, Australia,
or New Zealand of major defense equipment valued at less than
$7,000,000 or defense articles or related training or other defense
service valued at less than $25,000,000.
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(5) \44\ In the case of a transfer to a member country of
the North Atlantic Treaty Organization (NATO) or Australia,
Japan, or New Zealand that does not authorize a new sales
territory that includes any country other than such countries,
the limitations on consent of the President set forth in
paragraphs (1) and (3)(A) shall apply only if the transfer is--
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\44\ Sec. 1405(a)(1)(B) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1456) added para. (5).
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(A) a transfer of major defense equipment valued (in
terms of its original acquisition cost) at $25,000,000
or more; or
(B) a transfer of defense articles or defense
services valued (in terms of its original acquisition
cost) at $100,000,000 or more).
(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) \45\ No sales or leases shall be made to any country
that the President has determined is in material breach of its
binding commitments to the United States under international
treaties or agreements concerning the nonproliferation of
nuclear explosive devices (as defined in section 830(4) of the
Nuclear Proliferation Prevention Act of 1994) and unsafeguarded
special nuclear material (as defined in section 830(8) of that
Act).
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\45\ Sec. 822(a)(1) of the Nuclear Proliferation Prevention Act
(title VIII of the Foreign Relations Authorization Act; Public Law 103-
236; 108 Stat. 511) added subsec. (f).
Previously, sec. 2(b) of the Anti-Terrorism and Arms Export
Amendments Act of 1989 (Public Law 101-222; 103 Stat. 1896) repealed
sec. 3(f). Added by sec. 18 of the International Security Assistance
Act of 1977 (Public Law 95-92; 91 Stat. 622), sec. 3(f) formerly read
as follows:
``(f)(1) Unless the President finds that the national security
requires otherwise, he shall terminate all sales, under this Act to any
government which aids or abets, by granting sanctuary from prosecution
to, any individual or group which has committed an act of international
terrorism. The President may not thereafter make or extend sales, to
such government until the end of the one year period beginning on the
date of such termination, except that if during its period of
ineligibility for sales, pursuant to this section such government aids
or abets, by granting sanctuary from prosecution to, any other
individual or group which has committed an act of international
terrorism, such government's period of ineligibility shall be extended
for an additional year for each such individual or group.
``(2) If the President finds that the national security justifies a
continuation of sales to any government described in paragraph (1), he
shall report such finding to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate.''.
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(g) \46\ 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.
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\46\ 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).
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Sec. 4.\47\ Purposes for Which Military Sales by the United
States Are Authorized.--Defense articles and defense services
shall be sold or leased \48\ by the United States Government
under this Act to friendly countries solely for internal
security, for legitimate self-defense, for preventing or
hindering the proliferation of weapons of mass destruction and
of the means of delivering such weapons,\49\ to permit the
recipient country to participate in regional or collective
arrangements or measures consistent with the Charter of the
United Nations, or otherwise to permit the recipient country to
participate in collective measures requested by the United
Nations for the purpose of maintaining or restoring
international peace and security, or for the purpose of
enabling foreign military forces in less developed friendly
countries to construct public works and to engage in other
activities helpful to the economic and social development of
such friendly countries. It is the sense of the Congress that
such foreign military forces should not be maintained or
established solely for civic action activities and that such
civic action activities not significantly detract from the
capability of the military forces to perform their military
missions and be coordinated with and form part of the total
economic and social development effort: Provided, That none of
the funds contained in this authorization shall be used to
guarantee, or extend credit, or participate in an extension of
credit in connection with any sale of sophisticated weapons
systems, such as missile systems and jet aircraft for military
purposes, to any underdeveloped country other than Greece,
Turkey, Iran, Israel, the Republic of China, the Philippines,
and Korea unless the President determines that such financing
is important to the national security of the United States and
reports within thirty days each such determination to the
Congress.
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\47\ 22 U.S.C. 2754.
\48\ 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).
\49\ Sec. 1202(a) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1427) inserted ``for preventing or hindering the
proliferation of weapons of mass destruction and of the means of
delivering such weapons,'' after ``self-defense,''.
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Sec. 5.\50\ Prohibition Against Discrimination.--(a) It is
the policy of the United States that no sales should be made,
and no credits (including participations in credits) or
guaranties extended to or for any foreign country, the laws,
regulations, official policies, or governmental practices of
which prevent any United States person (as defined in section
7701(a)(30) of the Internal Revenue Code of 1954) from
participating in the furnishing of defense articles or defense
services under this Act on the basis of race, religion,
national origin, or sex.
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\50\ 22 U.S.C. 2755. Sec. 5 was added by sec. 302(b) of the
International Security Assistance and Arms Export Control Act of 1976
(Public Law 94-329; 90 Stat. 752).
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(b)(1) No agency performing functions under this Act shall,
in employing or assigning personnel to participate in the
performance of any such function, whether in the United States
or abroad, take into account the exclusionary policies or
practices of any foreign government where such policies or
practices are based upon race, religion, national origin, or
sex.
(2) Each contract entered into by any such agency for the
performance of any function under this Act shall contain a
provision to the effect that no person, partnership,
corporation, or other entity performing functions pursuant to
such contract, shall, in employing or assigning personnel to
participate in the performance of any such function, whether in
the United States or abroad, take into account the exclusionary
policies or practices of any foreign government where such
policies or practices are based upon race, religion, national
origin, or sex.
(c) The President shall promptly transmit reports to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate concerning any
instance in which any United States person (as defined in
section 7701(a)(30) of the Internal Revenue Code of 1954) is
prevented by a foreign government on the basis of race,
religion, national origin, or sex, from participating in the
performance of any sale or licensed transaction under this Act.
Such reports shall include (1) a description of the facts and
circumstances of any such discrimination, (2) the response
thereto on the part of the United States or any agency or
employee thereof, and (3) the result of such response, if any.
(d)(1) \51\ Upon the request of the Committee on Foreign
Relations of the Senate or the Committee on Foreign Affairs
\52\ 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,\53\ with respect to the country
designated in such request, setting forth--
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\51\ 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).
\52\ 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.
\53\ Sec. 162(f) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405) struck out
``Assistant Secretary of State for Human Rights and Humanitarian
Affairs'' and inserted in lieu thereof ``Secretary of State''.
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(A) all the available information about the
exclusionary policies or practices of the government of
such country when such policies or practices are based
upon race, religion, national origin or sex and prevent
any such person from participating in the performance
of any sale or licensed transaction under this Act;
(B) the response of the United States thereto and the
results of such response;
(C) whether, in the opinion of the President,
notwithstanding any such policies or practices--
(i) extraordinary circumstances exist which
necessitate a continuation of such sale or
licensed transaction, and, if so, a description
of such circumstances and the extent to which
such sale or licensed transaction should be
continued (subject to such conditions as
Congress may impose under this section), and
(ii) on all the facts it is in the national
interest of the United States to continue such
sale or licensed transaction; and
(D) such other information as such committee may
request.
(2) In the event a statement with respect to a sale or
licensed transaction is requested pursuant to paragraph (1) of
this subsection but is not transmitted in accordance therewith
within 60 days after receipt of such request, such sale or
licensed transaction shall be suspended unless and until such
statement is transmitted.
(3)(A) In the event a statement with respect to a sale or
licensed transaction is transmitted under paragraph (1) of this
subsection, the Congress may at any time thereafter adopt a
joint resolution terminating or restricting such sale or
licensed transaction.
(B) Any such resolution shall be considered in the Senate
in accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act
of 1976.
(C) The term ``certification'', as used in section 601 of
such Act, means, for the purposes of this paragraph, a
statement transmitted under paragraph (1) of this subsection.
Sec. 6.\54\ Foreign Intimidation and Harassment of
Individuals in the United States.--No letters of offer may be
issued, no credits or guarantees may be extended, and no export
licenses may be issued under this Act with respect to any
country determined by the President to be engaged in a
consistent pattern of acts of intimidation or harassment
directed against individuals in the United States. The
President shall report any such determination promptly to the
Speaker of the House of Representatives and to the chairman of
the Committee on Foreign Relations of the Senate.
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\54\ 22 U.S.C. 2756. Sec. 6. was added by sec. 115 of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1528).
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Chapter 2--FOREIGN MILITARY SALES AUTHORIZATIONS
Sec. 21.\55\ Sales From Stocks.--(a)(1) \56\ The President
may sell defense articles and defense services from the stocks
of the Department of Defense and the Coast Guard \57\ to any
eligible country or international organization if such country
or international organization agrees to pay in United States
dollars--
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\55\ 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.''.
10 United States Code 2390, as added by sec. 815 of the Department
of Defense Appropriation Authorization Act, 1979 (92 Stat. 1625), as
sec. 975 and later redesignated, prohibited the sale of certain defense
articles from Department of Defense stocks. See 10 U.S.C. 2390, in
Legislation on Foreign Relations Through 2002, 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.''.
\56\ 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).
\57\ 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''.
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(A) \56\ 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;
\58\
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\58\ 10 U.S.C. 114(c)(2) provides:
``(2) Notwithstanding section 37(a) of the Arms Export Control Act
(22 U.S.C. 2777(a)), amounts received by the United States pursuant to
subparagraph (A) of section 21(a)(1) of that Act (22 U.S.C.
2761(a)(1))--
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``(A) shall be credited to the Special Defense Acquisition
Fund established pursuant to chapter 5 of that Act (22 U.S.C.
2795 et seq.), as authorized by section 51(b)(1) of that Act
(22 U.S.C. 2795(b)(1)), but subject to the limitation in
paragraph (1) and other applicable law; and
``(B) to the extent not so credited, shall be deposited in
the Treasury as miscellaneous receipts as provided in section
3302(b) of title 31.''.
(B) \56\ 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) \56\, \59\ 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),\60\ only those additional costs that are
incurred by the United States Government in furnishing
such assistance.
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\59\ 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.''.
\60\ Sec. 112(c)(2) of Public Law 104-164 (110 Stat. 1428) inserted
``or to any high-income foreign country (as described in that
chapter)'' after ``Foreign Assistance Act of 1961''.
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(2) \61\ For purposes of subparagraph (A) of paragraph (1),
the actual value of a naval vessel of 3,000 tons or less and 20
years or more of age shall be considered to be not less than
the greater of the scrap value or fair value (including
conversion costs) of such vessel, as determined by the
Secretary of Defense.
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\61\ Par. (2) was added by sec. 107(a)(3) of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 196).
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(b) Except as provided by subsection (d) of this section,
payment shall be made in advance or, if the President
determines it to be in the national interest, upon delivery of
the defense article or rendering of the defense service.
(c)(1) \62\ 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,\63\ outside the United States in connection with
the performance of those defense services.
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\62\ 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). Par. (2) formerly 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.''.
\63\ The words ``training and advising that may engage United
States personnel in combat activities'' were inserted in lieu of
``training, advising, or otherwise providing assistance regarding
combat activities'' by sec. 102(1) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3132).
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(2) \62\ 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) \64\ administrative services, calculated on an
average percentage basis to recover the full estimated
costs (excluding a pro rata share of fixed base
operations costs) \65\ 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; \66\
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\64\ The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7; 117 Stat.
177), provided the following under ``Foreign Military Financing
Program'': ``Provided further, That not more than $356,000,000 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 2003 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:''.
\65\ 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).
\66\ Sec. 9104(c)(1) of the Department of Defense Appropriations
Act, 1990 (Public Law 101-165; 103 Stat. 1152), inserted reference to
secs. 43(b) and (c).
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(B) \67\ 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); \68\ and
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\67\ 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.''.
\68\ Sec. 9104(c)(2) of the Department of Defense Appropriations
Act, 1990 (Public Law 101-165; 103 Stat. 1152), inserted parenthetical
language here.
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(C) \69\ the recovery of ordinary inventory losses
associated with the sale from stock of defense articles
that are being stored at the expense of the purchaser
of such articles.
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\69\ This subparagraph was added by sec. 16 of the International
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 740) as
(D), and redesignated as (C) by the Department of Defense
Appropriations Act, 1990 (Public Law 101-165; 103 Stat. 1152).
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(2) \70\ (A) The President may reduce or waive the charge
or charges which would otherwise be considered appropriate
under paragraph (1)(B) \71\ 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.\72\
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\70\ 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--
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``(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.
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``(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:
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``(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.''.
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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).
\71\ 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.
\72\ The words ``standardization with the * * * and those
countries,'' were added by sec. 104 of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1521).
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(B) \70\ 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) \73\ (A) The President may waive the charges for
administrative services that would otherwise be required by
paragraph (1)(A) in connection with any sale to the Maintenance
and Supply Agency of the North Atlantic Treaty Organization in
support of--
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\73\ Sec. 1002 of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100-456; 102 Stat. 2037) added sec. 21(e)(3).
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(i) a weapon system partnership agreement; or
(ii) a NATO/SHAPE project.
(B) The Secretary of Defense may reimburse the fund
established to carry out section 43(b) of this Act in the
amount of the charges waived under subparagraph (A) of this
paragraph. Any such reimbursement may be made from any funds
available to the Department of Defense.
(C) As used in this paragraph--
(i) the term ``weapon system partnership agreement''
means an agreement between two or more member countries
of the Maintenance and Supply Agency of the North
Atlantic Treaty Organization that--
(I) is entered into pursuant to the terms of
the charter of that organization; and
(II) is for the common logistic support of a
specific weapon system common to the
participating countries; and
(ii) the term ``NATO/SHAPE project'' means a common-
funded project supported by allocated credits from
North Atlantic Treaty Organization bodies or by host
nations with NATO Infrastructure funds.
(f) Any contracts entered into between the United States
and a foreign country under the authority of this section or
section 22 of this Act shall be prepared in a manner which will
permit them to be made available for public inspection to the
fullest extent possible consistent with the national security
of the United States.
(g) \74\ 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 \75\ 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.\76\
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\74\ 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.''.
\75\ 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''.
\76\ Sec. 147(a)(3)(A) of Public Law 104-164 (110 Stat. 1435)
struck out the last sentence of subsec. (g). Originally added by sec.
580 of Public Law 100-202 (101 Stat. 1329-181), and amended by sec.
705(d)(1) of Public Law 102-25 (105 Stat. 120), the sentence read: ``
As used in this subsection, the term ``major non-NATO allies'' means
those countries designated as major non-NATO allies for purposes of
section 2350a(i)(3) of title 10, United States Code.''.
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(h) \77\ (1) The President is authorized to provide
(without charge) quality assurance, inspection, contract
administration services,\78\ and contract audit defense
services under this section--
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\77\ 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).
\78\ The language ``contract administration services'' was added by
sec. 110 of Public Law 99-83 (99 Stat. 197).
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(A) \77\ in connection with the placement or
administration of any contract or subcontract for
defense articles, defense services, or design and
construction services \79\ entered into after the date
of enactment of this subsection by, or under this Act
on behalf of, a foreign government which is a member of
the North Atlantic Treaty Organization, if such
government provides such services in accordance with an
agreement on a reciprocal basis, without charge, to the
United States Government; or
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\79\ The reference to design and construction services was added by
sec. 115(b) of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533; 94 Stat. 3134).
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(B) \77\ in connection with the placement or
administration of any contract or subcontract for
defense articles, defense services, or design and
construction services \79\ pursuant to the North
Atlantic Treaty Organization Security Investment
program \80\ in accordance with an agreement under
which the foreign governments participating in such
program provide such services, without charge, in
connection with similar contracts or subcontracts.
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\80\ Sec. 2802(d)(2) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2787) struck out
``North Atlantic Treaty Organization Infrastructure Program'' and
inserted in lieu thereof ``North Atlantic Treaty Organization Security
Investment program''.
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(2) \77\ 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) \81\ (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,\82\ 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--
---------------------------------------------------------------------------
\81\ 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.
\82\ The reference to the authority under chapter 2B was added by
sec. 3 of Public Law 97-392 (96 Stat. 1962).
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(A) the country or international organization to
which the sale is proposed to be made;
(B) the amount of the proposed sale;
(C) a description of the defense article or service
proposed to be sold;
(D) a full description of the impact which the
proposed sale will have on the Armed Forces of the
United States; and
(E) a justification for such proposed sale, including
a certification that such sale is important to the
security of the United States.
A certification described in subparagraph (E) shall take effect
on the date on which such certification is transmitted and
shall remain in effect for not to exceed one year.
(2) No delivery may be made under any sale which is
required to be reported under paragraph (1) of this subsection
unless the certification required to be transmitted by
paragraph (E) of paragraph (1) is in effect.
(j) \83\ * * * [Repealed--1996]
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\83\ Sec. 112 of the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104-106; 110 Stat. 206) repealed subsec. (j),
originally added by sec. 114 of the National Defense Authorization Act
for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2333). The subsec.
read as follows:
``(j) Tank and Infantry Vehicle Upgrades.--(1) Funds received from
the sale of tanks under this section shall be available for the
upgrading of tanks for fielding to the Army.
``(2) Funds received from the sale of infantry fighting vehicles or
armored personnel carriers under this section shall be available for
the upgrading of infantry fighting vehicles or armored personnel
carriers for fielding to the Army.
``(3) Paragraphs (1) and (2) apply only to the extent provided in
advance in appropriations Acts.
``(4) This subsection applies with respect to funds received from
sales occurring after September 30, 1989.''.
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(k) \84\ Before entering into the sale under this Act of
defense articles that are excess to the stocks of the
Department of Defense, the President shall determine that the
sale of such articles will not have an adverse impact on the
national technology and industrial base and, particularly, will
not reduce the opportunities of entities in the national
technology and industrial base to sell new or used equipment to
the countries to which such articles are transferred.
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\84\ Sec. 731(d) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) added subsec.
(k). Sec. 104(b)(1) of Public Law 104-164 (110 Stat. 1426) struck out
``the President shall first consider the effects of the sale of the
articles on the national technology and industrial base, particularly
the extent, if any, to which the sale reduces the opportunities of
entities in the national technology and industrial base to sell new
equipment to the country or countries to which the excess defense
articles are sold.'' and inserted the text beginning ``the President
shall * * *''.
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(l) \85\ Repair of Defense Articles.--
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\85\ Sec. 152(a) of Public Law 104-164 (110 Stat. 1438) added
subsec. (l). Subsec. (c) (22 U.S.C. 2761 note) of that section
provided: ``Under the direction of the President, the Secretary of
Defense shall promulgate regulations to implement subsections (l) and
(m) of section 21 of the Arms Export Control Act.''.
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(1) In general.--The President may acquire a
repairable defense article from a foreign country or
international organization if such defense article--
(A) previously was transferred to such
country or organization under this Act;
(B) is not an end item; and
(C) will be exchanged for a defense article
of the same type that is in the stocks of the
Department of Defense.
(2) Limitation.--The President may exercise the
authority provided in paragraph (1) only to the extent
that the Department of Defense--
(A)(i) has a requirement for the defense
article being returned; and
(ii) has available sufficient funds
authorized and appropriated for such purpose;
or
(B)(i) is accepting the return of the defense
article for subsequent transfer to another
foreign government or international
organization pursuant to a letter of offer and
acceptance implemented in accordance with this
Act; and
(ii) has available sufficient funds provided
by or on behalf of such other foreign
government or international organization
pursuant to a letter of offer and acceptance
implemented in accordance with this Act.
(3) Requirement.--(A) The foreign government or
international organization receiving a new or repaired
defense article in exchange for a repairable defense
article pursuant to paragraph (1) shall, upon the
acceptance by the United States Government of the
repairable defense article being returned, be charged
the total cost associated with the repair and
replacement transaction.
(B) The total cost charged pursuant to subparagraph
(A) shall be the same as that charged the United States
Armed Forces for a similar repair and replacement
transaction, plus an administrative surcharge in
accordance with subsection (e)(1)(A) of this section.
(4) Relationship to certain other provisions of
law.--The authority of the President to accept the
return of a repairable defense article as provided in
subsection (a) shall not be subject to chapter 137 of
title 10, United States Code, or any other provision of
law relating to the conclusion of contracts.
(m) \86\ Return of Defense Articles.--
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\86\ Sec. 152(b) of Public Law 104-164 (110 Stat. 1439) added
subsec. (m). Subsec. (c) (22 U.S.C. 2761 note) of that section
provided: ``Under the direction of the President, the Secretary of
Defense shall promulgate regulations to implement subsections (l) and
(m) of section 21 of the Arms Export Control Act.''.
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(1) In general.--The President may accept the return
of a defense article from a foreign country or
international organization if such defense article--
(A) previously was transferred to such
country or organization under this Act;
(B) is not significant military equipment (as
defined in section 47(9) of this Act); and
(C) is in fully functioning condition without
need of repair or rehabilitation.
(2) Limitation.--The President may exercise the
authority provided in paragraph (1) only to the extent
that the Department of Defense--
(A)(i) has a requirement for the defense
article being returned; and
(ii) has available sufficient funds
authorized and appropriated for such purpose;
or
(B)(i) is accepting the return of the defense
article for subsequent transfer to another
foreign government or international
organization pursuant to a letter of offer and
acceptance implemented in accordance with this
Act; and
(ii) has available sufficient funds provided
by or on behalf of such other foreign
government or international organization
pursuant to a letter of offer and acceptance
implemented in accordance with this Act.
(3) Credit for transaction.--Upon acquisition and
acceptance by the United States Government of a defense
article under paragraph (1), the appropriate Foreign
Military Sales account of the provider shall be
credited to reflect the transaction.
(4) Relationship to certain other provisions of
law.--The authority of the President to accept the
return of a defense article as provided in paragraph
(1) shall not be subject to chapter 137 of title 10,
United States Code, or any other provision of law
relating to the conclusion of contracts.
Sec. 22.\87\ 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.\88\
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\87\ 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.''.
\88\ The words beginning with ``Interest shall be charged on any
net amount * * *'' were added by sec. 207(a) of the International
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 738).
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(b) The President may, if he determines it to be in the
national interest, issue letters of offer under this section
which provide for billing upon delivery of the defense article
or rendering of the defense service and for payment within one
hundred and twenty days after the date of billing. This
authority may be exercised, however, only if the President also
determines that the emergency requirements of the purchaser for
acquisition of such defense articles and services exceed the
ready availability to the purchaser of funds sufficient to make
payments on a dependable undertaking basis and submits both
determinations to the Congress together with a special
emergency request for authorization and appropriation of
additional funds to finance such purchases under this Act.\89\
Appropriations available to the Department of Defense may be
used to meet the payments required by the contracts for the
procurement of defense articles and defense services and shall
be reimbursed by the amounts subsequently received from the
country or international organization to whom articles or
services are sold.
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\89\ Sec. 207(b) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 738) amended
subsec. (b) by striking out the first sentence and adding in lieu
thereof the words to this point. The first sentence of subsec. (b)
formerly read as follows: ``(b) The President may, when he determines
it to be in the national interest, accept a dependable undertaking of a
foreign country or international organization with respect to any such
sale, to make full payment within 120 days after delivery of the
defense articles or the rendering of the defense services.''.
Sec. 1007(b)(5) of the DOD Authorization Act, 1985 (Public Law 98-
525; 98 Stat. 2579) waived the requirement under sec. 22 for payment in
advance of delivery with respect to the purchase by the Federal
Republic of Germany of one Patriot missile fire unit.
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(c) \90\ The provisions of the Renegotiation Act of 1951 do
not apply to procurement contracts, heretofore or hereafter
entered into under this section, section 29, or predecessor
provisions of law.
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\90\ Subsec. (c), as added by sec. 17 of the International Security
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 740), was amended
and restated by sec. 105(b)(2) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-553; 94 Stat. 3134).
It formerly read as follows:
``(c) The provisions of the Renegotiation Act of 1951 do not apply
to contracts for the procurement of defense articles and defense
services heretofore or hereafter entered into under this section or
predecessor provisions of law.''.
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(d) \91\ Competitive Pricing.--(1) \92\ Procurement
contracts made in implementation of sales under this section
for defense articles and defense services wholly paid for from
funds made available on a nonrepayable basis shall be priced on
the same costing basis with regard to profit, overhead,
independent research and development, bid and proposal, and
other costing elements, as is applicable to procurements of
like items purchased by the Department of Defense for its own
use.
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\91\ 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)--
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``(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.
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``(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.''.
\92\ 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).
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(2) \92\ 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.\93\, \94\ Credit Sales.--(a) \95\ 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.\96\
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\93\ 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.''.
\94\ 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. 1201 of the Security Assistance Act of 2002 (division B of
Public Law 107-228; 116 Stat. 1427) provided the following:
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``TITLE XII--MILITARY AND RELATED ASSISTANCE
``Subtitle A--Foreign Military Sales and Financing Authorities
---------------------------------------------------------------------------
``SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the President 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
$4,107,200,000 for fiscal year 2003.''.
In that Act, see also: sec. 1206, relating to defense transfers to
Taiwan; subtitle C--assistance for select countries, including sec.
1221, authorizing assistance to Israel and Egypt; sec. 1222,
authorizing assistance to Greece and Turkey; sec. 511, authorizing
security assistance and IMET to the Baltic states, Bulgaria, the Czech
Republic, Hungary, Jordan, Malta, the Philippines, Poland, Romania,
Slovakia, Slovenia, and Georgia (IMET funding only); and sec. 1224,
condition ESF to Lebanon.
Title II of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 175), provided the following:
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``NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
---------------------------------------------------------------------------
``For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $306,400,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, 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, and 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),
consistent with the provisions of section 562 of this Act, and for a
United States contribution to 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 following consultation with the
appropriate committees of Congress: 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 made available for demining and
related activities, not to exceed $675,000, 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: Provided further, That the Secretary of State is authorized to
provide not to exceed $250,000 for public-private partnerships for mine
action by grant, cooperative agreement, or contract.''.
Title III of that Act (117 Stat. 176) provided the following:
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``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,
$4,072,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,100,000,000 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: 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 $550,000,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That except as
provided in the following proviso, none of the funds appropriated by
this paragraph may be made available for helicopters and related
support costs for Colombia: Provided further, That up to $93,000,000 of
the funds appropriated by this paragraph may be transferred to and
merged with funds appropriated under the heading `Andean Counterdrug
Initiative' for helicopters, training and other assistance for the
Colombian Armed Forces for security for the Cano Limon pipeline:
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
$38,000,000 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 $356,000,000 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 2003 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
2003 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.''.
Title V of that Act (117 Stat. 182, 184) provided the following:
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``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 section may not be used
in fiscal year 2003.
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``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, chapter 4 of part II of the Foreign Assistance
Act of 1961, as amended, section 23 of the Arms Export Control Act, and
funds provided under the heading `Assistance for Eastern Europe and the
Baltic States', shall remain available for an additional 4 years from
the date on which the availability of such funds would otherwise have
expired, 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.
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* * * * * * *
``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: * *
*''.
On May 30, 2002, the President determined, pursuant to authority
stated in secs, 614(a)(2) and 506(a)(1) of the Foreign Assistance Act
of 1961, ``that it is vital to the national security interests of the
United States to provide up to $4.5 million in fiscal year 1997 and
1998 Foreign Military Financing Funds for assistance to Georgia under
section 23 of the Arms Export Control Act without regard to any
provision of law that might otherwise restrict provision of such funds.
I further determine that an unforeseen emergency exists requiring
immediate military assistance for Georgia that cannot be met under the
Arms Control Export [sic] act or any other law, and hereby direct the
drawdown of defense articles and services from the stocks of the
Department of Defense, and military education and training of the
aggregate value of $21 million to meet that emergency requirement. I
hereby authorize the furnishing of this assistance.'' (Presidential
Determination No. 02-20; 67 F.R. 39247).
\95\ The Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7; 117 Stat.
210), provided the following:
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``COMMERCIAL LEASING OF DEFENSE ARTICLES
---------------------------------------------------------------------------
``Sec. 575. 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.''.
\96\ The last sentence of subsec. (a) was added by sec. 572 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (Continuing Appropriations for 1988, Public
Law 100-202).
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(b) The President shall require repayment in United States
dollars within a period not to exceed twelve years \97\ after
the loan agreement with the country or international
organization is signed on behalf of the United States
Government, unless a longer period is specifically authorized
by statute for that country or international organization.
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\97\ Sec. 208(a) of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 739) originally
substituted ``twelve years'' in lieu of ``ten years''. Sec. 208(b) of
the same Act went on to say, ``The amendment made by subsection (a)
shall apply with respect to financing under agreements entered into on
or after the date of enactment of this Act for the procurement of
defense articles to be delivered, or defense services to be rendered,
after such date''.
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(c)(1) The President shall charge interest under this
section at such rate as he may determine, except that such rate
may not be less than 5 percent per year.
(2) For purposes of financing provided under this section--
(A) the term ``concessional rate of interest'' means
any rate of interest which is less than market rates of
interest; and
(B) the term ``market rate of interest'' means any
rate of interest which is equal to or greater than the
current average interest rate (as of the last day of
the month preceding the financing of the procurement
under this section) that the United States Government
pays on outstanding marketable obligations of
comparable maturity.
(d) References in any law to credits extended under this
section shall be deemed to include reference to participations
in credits.
(e) \98\ (1) Funds made available to carry out this section
may be used by a foreign country to make payments of principal
and interest which it owes to the United States Government on
account of credits previously extended under this section or
loans previously guaranteed under section 24, subject to
paragraph (2).
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\98\ Subsec. (e) was added by sec. 580 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1991 (Public
Law 101-513; 104 Stat. 2045).
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(2) Funds made available to carry out this section may not
be used for prepayment of principal or interest pursuant to the
authority of paragraph (1).
(f) \99\ For each fiscal year, the Secretary of Defense, as
requested by the Director of the Defense Security Assistance
Agency, shall conduct audits on a nonreimbursable basis of
private firms that have entered into contracts with foreign
governments under which defense articles, defense services, or
design and construction services are to be procured by such
firms for such governments from financing under this section.
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\99\ Sec. 102(a) of Public Law 104-164 (110 Stat. 1422) added
subsec. (f).
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(g) \100\ (1) For each country and international
organization that has been approved for cash flow financing
under this section, any letter of offer and acceptance or other
purchase agreement, or any amendment thereto, for a procurement
of defense articles, defense services, or design and
construction services in excess of $100,000,000 that is to be
financed in whole or in part with funds made available under
this Act or the Foreign Assistance Act of 1961 shall be
submitted to the congressional committees specified in section
634A(a) of the Foreign Assistance Act of 1961 in accordance
with the procedures applicable to reprogramming notifications
under that section.
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\100\ Sec. 102(b) of Public Law 104-164 (110 Stat. 1422) added
subsec. (g).
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(2) For purposes of this subsection, the term ``cash flow
financing'' has the meaning given such term in subsection (d)
of section 25, as added by section 112(b) of Public Law 99-83.
(h) \101\ Of the amounts made available for a fiscal year
to carry out this section, not more than $100,000,000 for such
fiscal year may be made available for countries other than
Israel and Egypt for the purpose of financing the procurement
of defense articles, defense services, and design and
construction services that are not sold by the United States
Government under this Act.
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\101\ Sec. 102(c) of Public Law 104-164 (110 Stat. 1422) added
subsec. (h).
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Sec. 24.\102\ 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) \103\ 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 \79\ to friendly countries and international
organizations. Fees shall be charged for such guaranties.
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\102\ 22 U.S.C. 2764.
\103\ Sec. 45(a)(3) of the FA Act of 1974 inserted ``(excluding
United States Government agencies other than the Federal Financing
Bank)'' in lieu of ``(excluding United States Government agencies)''.
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(b) The President may sell to any individual, corporation,
partnership, or other juridical entity (excluding United States
Government agencies other than the Federal Financing Bank)
\103\ 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) \104\ Funds obligated under this section before the
date of enactment of the International Security and Development
Cooperation Act of 1980 which constitute a single reserve for
the payment of claims under guaranties issued under this
section shall remain available for expenditure for the purposes
of this section on and after that date. That single reserve
may, on and after the date of enactment of the International
Security and Development Cooperation Act of 1985, be referred
to as the ``Guaranty Reserve Fund.'' Funds provided for
necessary expenses to carry out the provisions of section 23 of
the Arms Export Control Act and of section 503 of the Foreign
Assistance Act of 1961, as amended, may be used to pay claims
on the Guaranty Reserve Fund to the extent that funds in the
Guaranty Reserve Fund are inadequate for that purpose.
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\104\ Subsec. (c), as amended by the FA Act of 1973 and the FA Act
of 1974, was further amended and restated by sec. 104(a) of the
International Security and Development Cooperation Act of 1980 (Public
Law 96-533; 94 Stat. 3132). It formerly read as follows:
``(c) Funds made available to carry out this Act shall be obligated
in an amount equal to 10 per centum of the principal amount of
contractual liability related to any guaranty issued under this
section, and all the funds so obligated shall constitute a single
reserve for the payment of claims under such guaranties. Any funds so
obligated which are deobligated from time to time during any current
fiscal year as being in excess of the amount necessary to maintain a
fractional reserve of 10 per centum in the principal amount of
contractual liability under outstanding guaranties shall be transferred
to the general fund of the Treasury. Any guaranties issued hereunder
shall be backed by the full faith and credit of the United States.''.
Sec. 106 (b) and (c) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 196) amended
subsec. (c) by deleting the following text:
``The President shall report promptly to the Congress whenever the
payment of a claim under any such guaranty reduces the total amount of
funds in the single reserve under this subsection to an amount less
than $750,000,000, together with his recommendations for the
authorization of appropriations of additional funds for such
reserve.''.
It also added the text beginning with ``That single reserve'' and
continued with the following:
``Funds authorized to be appropriated by section 31(a) to carry out
this Act which are allocated for credits at market rates of interest
may be used to pay claims under such guarantees to the extent funds in
the Guaranty Reserve Fund are inadequate for that purpose.''.
The Supplemental Appropriations Act, 1987 (Public Law 100-71; 101
Stat. 409), deleted this text and replaced it with the present
language.
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For purposes of any provision in this Act or any other Act
relating to a prohibition or limitation on the availability of
funds under this Act, whenever a guaranty is issued under this
section, the principal amount of the loan so guaranteed shall
be deemed to be funds made available for use under this Act.
Any guaranties issued hereunder shall be backed by the full
faith and credit of the United States.
Sec. 25.\105\ Annual Estimate and Justification for Sales
Program.--(a) Except as provided in subsection (d) of this
section,\106\ no later than February 1 of each year, the
President shall transmit to the appropriate congressional
committees,\107\ as a part of the annual presentation materials
for security assistance programs proposed for the next fiscal
year, a report which sets forth--
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\105\ 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.
\106\ 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).
\107\ Sec. 519(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2411), struck out ``Congress'' and inserted in lieu thereof
``appropriate congressional committees''.
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(1) \108\ an Arms Sales Proposal covering all sales
and licensed commercial exports under this Act of major
weapons or weapons-related defense equipment for
$7,000,000 or more, or of any other weapons or weapons-
related defense equipment for $25,000,000 or more,
which are considered eligible for approval during the
current calendar year, together with an indication of
which sales and licensed commercial exports are deemed
most likely actually to result in the issuance of a
letter of offer or of an export license during such
year;
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\108\ Sec. 519 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
Stat. 1631), provided the following:
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``REPORTING REQUIREMENT
---------------------------------------------------------------------------
``Sec. 519. The President shall submit to the Committees on
Appropriations the reports required by section 25(a)(1) of the Arms
Export Control Act.''.
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(2) an estimate of the total amount of sales and
licensed commercial exports expected to be made to each
foreign nation from the United States;
(3) the United States national security
considerations involved in expected sales or licensed
commercial exports to each country, an analysis of the
relationship between anticipated sales to each country
and arms control efforts concerning such country and an
analysis of the impact of such anticipated sales on the
stability of the region that includes such country;
(4) an estimate with regard to the international
volume of arms traffic to and from nations purchasing
arms as set forth in paragraphs (1) and (2) of this
subsection, together with best estimates of the sale
and delivery of weapons and weapons-related defense
equipment by all major arms suppliers to all major
recipient countries during the preceding fiscal year;
(5)(A) \109\ an estimate of the aggregate dollar
value and quantity of defense articles and defense
services, military education and training, grant
military assistance, and credits and guarantees, to be
furnished by the United States to each foreign country
and international organization in the next fiscal year;
and
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\109\ Subpar. (B) and the designation for subpar. (A) were added by
sec. 112(a) of the International Security and Development Cooperation
Act of 1985 (Public Law 99-83; 99 Stat. 198).
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(B) \109\ 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; \110\
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\110\ Sec. 102(d) of Public Law 104-164 (110 Stat. 1423) struck out
``and'' at the end of para. (11); redesignated para. (12) as para.
(13); and added a new para. (12).
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(12) \110\ (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;
\111\
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\111\ Sec. 1232 of the Security Assistance Act of 2002 (division B
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433), struck out ``and'' at the end of subpara.
(B); redesignated para. (13) as para. (14); and added a new para. (13).
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(13) \111\ a list of weapons systems that are
significant military equipment (as defined in section
47(9) of this Act), and numbers thereof, that are
believed likely to become available for transfer as
excess defense articles during the next 12 months; and
(14) \110\, \111\ 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) \112\ of the House of Representatives for
additional information with respect to any information
submitted pursuant to subsection (a), the President shall
submit such information to such committee.
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\112\ Sec. 519(2) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2411), struck out ``the Committee on Foreign Relations of the
Senate or the Committee on Foreign Affairs'' and inserted in lieu
thereof ``any of the congressional committees described in subsection
(e)''.
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(c) The President shall make every effort to submit all of
the information required by subsection (a) or (b) wholly in
unclassified form. Whenever the President submits any such
information in classified form, he shall submit such classified
information in an addendum and shall also submit simultaneously
a detailed summary, in unclassified form, of such classified
information.
(d) \106\ 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) \113\ 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; \113\
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\113\ Subsec. (d), which probably should read subsec. (e), was
added to the end of sec. 25 by sec. 112(b) of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 198). It should probably end with a period instead of a
semicolon.
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(e) \114\ As used in this section, the term ``appropriate
congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
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\114\ Sec. 519(3) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111
Stat. 2411), added subsec. (e).
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Sec. 26.\115\ Security Assistance \116\ 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 \116\ surveys conducted by the United States clearly
do not represent a commitment by the United States to provide
any military equipment to any foreign country. Further,
recommendations in such surveys should be consistent with the
arms export control policy provided for in this Act.
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\115\ 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).
\116\ The term ``security assistance'' was inserted in lieu of
``defense requirement'' by sec. 114 (a)(1) and (2) of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 198).
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(b) As part of the quarterly report required by section
36(a) of this Act, the President shall include a list of all
security assistance surveys authorized during the preceding
calendar quarter, specifying the country with respect to which
the survey was or will be conducted, the purpose of the survey,
and the number of United States Government personnel who
participated or will participate in the survey.
(c) Upon a request of the chairman of the Committee on
Foreign Affairs \117\ 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 \118\
security assistance \116\ surveys conducted by United States
Government personnel.
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\117\ 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.
\118\ Sec. 114(b) of Public Law 99-83 (99 Stat. 199) inserted
``submit to that committee copies of'' in lieu of ``grant that
committee access to''.
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(d) \119\ As used in this section, the term ``security
assistance surveys'' means any survey or study conducted in a
foreign country by United States Government personnel for the
purpose of assessing the needs of that country for security
assistance, and includes defense requirement surveys, site
surveys, general surveys or studies, and engineering assessment
surveys.
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\119\ Sec. 114(a)(3) of Public Law 99-83 (99 Stat. 198) added
subsec. (d).
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Sec. 27.\120\ Authority of President to Enter into
Cooperative Projects with Friendly Foreign Countries.--(a) The
President may enter into a cooperative project agreement with
the North Atlantic Treaty Organization or with one or more
member countries of that Organization.
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\120\ 22 U.S.C. 2767. Sec. 27 was added by sec. 15 of the
International Security Assistance Act of 1979 (Public Law 96-92; 93
Stat. 706). It was amended and restated by sec. 115 of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83; 99 Stat. 199), at which time it was titled ``North Atlantic
Treaty Organization Cooperative Projects.'' Its current heading was
added by sec. 1103(a)(2) of Public Law 99-661 (100 Stat. 3816).
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(b) As used in this section--
(1) the term ``cooperative project'' in the case of
an agreement with the North Atlantic Treaty
Organization \121\ or with one or more member countries
of that Organization, means a jointly managed
arrangement, described in a written agreement among the
parties, which is undertaken in order to further the
objectives of standardization, rationalization, and
interoperability of the armed forces of North Atlantic
Treaty Organization member countries forces and which
provides--
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\121\ The words ``in the case of * * * Organization'' were added by
sec. 1103(a)(1)(A)(i) of Public Law 99-661 (100 Stat. 3816).
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(A) for one or more of the other participants
to share with the United States the costs of
research on and development, testing,
evaluation, or joint production (including
follow-on support) of certain defense articles;
(B) for concurrent production in the United
States and in another member country of a
defense article jointly developed in accordance
with subparagraph (A); or
(C) for procurement by the United States of a
defense article or defense service from another
member country or for procurement by the United
States of munitions from the North Atlantic
Treaty Organization or a subsidiary of such
organization; \122\
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\122\ The words to this point beginning with ``or for procurement''
were added by sec. 1022 of Public Law 100-180 (101 Stat. 1144).
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(2) \123\ the term ``cooperative project'', in the
case of an agreement entered into under subsection (j),
means a jointly managed arrangement, described in a
written agreement among the parties, which is
undertaken in order to enhance the ongoing
multinational effort of the participants to improve the
conventional defense capabilities of the participants
and which provides--
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\123\ Sec. 1103(a)(1)(A)(iv) of Public Law 99-661 (100 Stat. 3816)
added par. (2) and redesignated the previous par. (2) as par. (3).
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(A) for one or more of the other participants
to share with the United States the costs of
research on and development, testing,
evaluation, or joint production (including
follow-on support) of certain defense articles;
(B) for concurrent production in the United
States and in the country of another
participant of a defense article jointly
developed in accordance with subparagraph (A);
or
(C) for procurement by the United States of a
defense article or defense service from another
participant to the agreement; and
(3) \123\ 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.\124\ The
United States and the other participants may contribute their
equitable shares of the full cost of such cooperative project
in funds or in defense articles or defense services needed for
such cooperative project. Military assistance and financing
received from the United States Government may not be used by
any other participant to provide its share of the cost of such
cooperative project. Such agreements shall provide that no
requirement shall be imposed by a participant for worksharing
or other industrial or commercial compensation in connection
with such agreement that is not in accordance with such
agreement.
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\124\ 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.
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(d) The President may enter into contracts or incur other
obligations for a cooperative project on behalf of the other
participants, without charge to any appropriation or contract
authorization, if each of the other participants in the
cooperative project agrees (1) to pay its equitable share of
the contract or other obligation, and (2) to make such funds
available in such amounts and at such times as may be required
by the contract or other obligation and to pay any damages and
costs that may accrue from the performance of or cancellation
of the contract or other obligation in advance of the time such
payments, damages, or costs are due.
(e)(1) For those cooperative projects entered into on or
after the effective date of the International Security and
Development Cooperation Act of 1985, the President may reduce
or waive the charge or charges which would otherwise be
considered appropriate under section 21(e) of this Act in
connection with sales under sections 21 and 22 of this Act when
such sales are made as part of such cooperative project, if the
other participants agree to reduce or waive corresponding
charges.
(2) Notwithstanding provisions of section 21(e)(1)(A) and
section 43(b) of this Act, administrative surcharges shall not
be increased on other sales made under this Act in order to
compensate for reductions or waivers of such surcharges under
this section. Funds received pursuant to such other sales shall
not be available to reimburse the costs incurred by the United
States Government for which reduction or waiver is approved by
the President under this section.
(f) Not less than 30 days before a cooperative project
agreement is signed on behalf of the United States, the
President shall transmit to the Speaker of the House of
Representatives, the chairman of the Committee on Foreign
Relations of the Senate, and the chairman of the Committee on
Armed Services of the Senate, a numbered certification with
respect to such proposed agreement, setting forth--
(1) a detailed description of the cooperative project
with respect to which the certification is made;
(2) an estimate of the quantity of the defense
articles expected to be produced in furtherance of such
cooperative project;
(3) an estimate of the full cost of the cooperative
project, with an estimate of the part of the full cost
to be incurred by the United States Government,
including an estimate of the costs as a result of
waivers of section 21(e)(1)(A) and 43(b) of this
Act,\125\ for its participation in such cooperative
project and an estimate of that part of the full costs
to be incurred by the other participants;
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\125\ 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 \126\ 36(b) of
this Act shall not apply to sales made under section 21 or 22
of this Act and to production and exports made pursuant to
cooperative projects under this section, and section 36(c) of
this Act shall not apply to the issuance of licenses or other
approvals under section 38 of this Act, if such sales are made,
such production and exports ensue, or such licenses or
approvals are issued, as part of a cooperative project.
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\126\ The words to this point beginning with ``In the case of''
were added by sec. 1103(a)(1)(c) of Public Law 99-661 (100 Stat. 3816).
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(h) The authority under this section is in addition to the
authority under sections 21 and 22 of this Act and under any
other provision of law.
(i)(1) With the approval of the Secretary of State and the
Secretary of Defense, a cooperative agreement which was entered
into by the United States before the effective date of the
amendment to this section made by the International Security
and Development Cooperation Act of 1985 and which meets the
requirements of this section as so amended may be treated on
and after such date as having been made under this section as
so amended.
(2) Notwithstanding the amendment made to this section made
by the International Security and Development Cooperation Act
of 1985, projects entered into under the authority of this
section before the effective date of that amendment may be
carried through to conclusion in accordance with the terms of
this section as in effect immediately before the effective date
of that amendment.
(j) \127\ (1) The President may enter into a cooperative
project agreement with any friendly foreign country not a
member of the North Atlantic Treaty Organization under the same
general terms and conditions as the President is authorized to
enter into such an agreement with one or more member countries
of the North Atlantic Treaty Organization if the President
determines that the cooperative project agreement with such
country would be in the foreign policy or national security
interests of the United States.
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\127\ Subsec. (j) was added by sec. 1103(a)(1)(D) of Public Law 99-
661 (100 Stat. 3816).
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(2) Not later than January 1 of each year, the President
shall submit to the Committees on Armed Services and Foreign
Relations of the Senate and to the Committees on Armed Services
and Foreign Affairs \128\ of the House of Representatives a
report specifying (A) the countries eligible for participation
in such a cooperative project agreement under this subsection,
and (B) the criteria used to determine the eligibility of such
countries.
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\128\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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Sec. 28.\129\ * * * [Repealed--1996]
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\129\ Formerly at 22 U.S.C. 2768. Sec. 28--Reports on Price and
Availability Estimates--was repealed by sec. 1064(a) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110
Stat. 445).
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Chapter 2A--FOREIGN MILITARY CONSTRUCTION SALES \130\
Sec. 29.\131\ Foreign Military Construction Sales.--The
President may sell design and construction services to any
eligible foreign country or international organization if such
country or international organization agrees to pay in United
States dollars not less than the full cost to the United States
Government of furnishing such services. Payment shall be made
to the United States Government in advance of the performance
of such services by officers or employees of the United States
Government. The President may, without requirement for charge
to any appropriation or contract authorization otherwise
provided, enter into contracts for the procurement of design
and construction services for sale under this section if such
country or international organization provides the United
States Government with a dependable undertaking (1) to pay the
full amount of such contract which will assure the United
States Government against any loss on the contract, and (2) to
make funds available in such amounts and at such time as may be
required to meet the payments required by the contract and any
damages and costs that may accrue from the cancellation of such
contract, in advance of the time such payments, damages, or
costs are due.
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\130\ Chapter 2A was added by sec. 105 of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
Stat. 3133).
\131\ 22 U.S.C. 2769.
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Chapter 2B--SALES TO UNITED STATES COMPANIES FOR INCORPORATION INTO END
ITEMS
Sec. 30.\132\ 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) \133\ 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) \133\ in the case
of ammunition parts subject to subsection (b) of this section,
using commercial practices which restrict actual delivery
directly to a friendly foreign country or international
organization pursuant to approval under section 38 of this Act.
The President may also sell defense services in support of such
sales of defense articles, subject to the requirements of this
chapter: Provided, however, That such services may be performed
only in the United States. The amount of reimbursement received
from such sales shall be credited to the current applicable
appropriation, fund, or account of the selling agency of the
United States Government.
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\132\ 22 U.S.C. 2770. Sec. 30 was added by sec. 1 of Public Law 97-
392 (96 Stat. 1962).
\133\ Section 9097 of the Department of Defense Appropriations Act,
1990 (Public Law 101-165; 103 Stat. 1150), amended sec. 30(a) by adding
designations ``(i)'' and ``(ii)'' and adding text after ``(ii)'' to end
of sentence.
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(b) Defense articles and defense services may be sold,
procured and sold, or manufactured and sold, pursuant to
subsection (a) of this section only if (1) the end item to
which the articles apply is to be procured for the armed forces
of a friendly country or international organization, (2) the
articles would be supplied to the prime contractor as
government-furnished equipment or materials if the end item
were being procured for the use of the United States Armed
Forces, and (3) the articles and services are available only
from United States Government sources or are not available to
the prime contractor directly from United States commercial
sources at such times as may be required to meet the prime
contractor's delivery schedule.
(c) For the purpose of this section, the terms ``defense
articles'' and ``defense services'' mean defense articles and
defense services as defined in sections 47(3) and 47(4) of this
Act.
Chapter 2C \134\--EXCHANGE OF TRAINING AND RELATED SUPPORT
Sec. 30A.\134\ Exchange of Training and Related Support.--
(a) Subject to subsection (b), the President may provide
training and related support to military and civilian defense
personnel of a friendly foreign country or an international
organization. Such training and related support shall be
provided by a Secretary of a military department and may
include the provision of transportation, food services, health
services, and logistics and the use of facilities and
equipment.
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\134\ 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.\135\, \136\ 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.\137\ 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.\138\ Unobligated balances of funds made available pursuant
to this section are hereby authorized to be continued available
by appropriations legislation to carry out this Act.
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\135\ 22 U.S.C. 2771.
\136\ 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.
For fiscal years 2001 and 2002, sec. 101 of the Security Assistance
Act of 2000 (Public Law 106-280; 114 Stat. 846) authorized
$3,550,000,000 for fiscal year 2001 and $3,627,000,000 for fiscal year
2002 under sec. 23 of the AECA.
For fiscal year 2003, sec. 1201 of the Security Assistance Act of
2002 (division B of the Foreign Relations Authorization Act, Fiscal
Year 2003; Public Law 107-228; 116 Stat. 1427) provided the following:
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``TITLE XII--MILITARY AND RELATED ASSISTANCE
``Subtitle A--Foreign Military Sales and Financing Authorities
---------------------------------------------------------------------------
``sec. 1201. authorization of appropriations.
``There is authorized to be appropriated to the President 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
$4,107,200,000 for fiscal year 2003.''.
In that Act, see also: sec. 1206, relating to defense transfers to
Taiwan; subtitle C--assistance for select countries, including sec.
1221, authorizing assistance to Israel and Egypt; sec. 1222,
authorizing assistance to Greece and Turkey; sec. 511, authorizing
security assistance and IMET to the Baltic states, Bulgaria, the Czech
Republic, Hungary, Jordan, Malta, the Philippines, Poland, Romania,
Slovakia, Slovenia, and Georgia (IMET funding only); and sec. 1224,
condition ESF to Lebanon.
Title II of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 175), provided the following:
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``NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
---------------------------------------------------------------------------
``For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $306,400,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, 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, and 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),
consistent with the provisions of section 562 of this Act, and for a
United States contribution to 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 following consultation with the
appropriate committees of Congress: 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 made available for demining and
related activities, not to exceed $675,000, 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: Provided further, That the Secretary of State is authorized to
provide not to exceed $250,000 for public-private partnerships for mine
action by grant, cooperative agreement, or contract.''.
Title III of that Act (117 Stat. 176) provided the following:
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``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,
$4,072,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,100,000,000 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: 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 $550,000,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That except as
provided in the following proviso, none of the funds appropriated by
this paragraph may be made available for helicopters and related
support costs for Colombia: Provided further, That up to $93,000,000 of
the funds appropriated by this paragraph may be transferred to and
merged with funds appropriated under the heading `Andean Counterdrug
Initiative' for helicopters, training and other assistance for the
Colombian Armed Forces for security for the Cano Limon pipeline:
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
$38,000,000 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 $356,000,000 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 2003 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
2003 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.''.
Title V of that Act (117 Stat. 182, 184) provided the following:
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``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 section may not be used
in fiscal year 2003.
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``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, chapter 4 of part II of the Foreign Assistance
Act of 1961, as amended, section 23 of the Arms Export Control Act, and
funds provided under the heading `Assistance for Eastern Europe and the
Baltic States', shall remain available for an additional 4 years from
the date on which the availability of such funds would otherwise have
expired, 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.
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* * * * * * *
``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: * *
*''.
\137\ The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2003 (division E of Public Law 108-7; 117
Stat. 210), provided the following:
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``COMMERCIAL LEASING OF DEFENSE ARTICLES
---------------------------------------------------------------------------
``Sec. 575. 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.''.
\138\ This sentence was added by sec. 104(d) of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
Stat. 3133).
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(b) \139\ (1) The total amount of credits extended under
section 23 of this Act shall not exceed $5,371,000,000 for
fiscal year 1986 and $5,371,000,000 for fiscal year 1987.
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\139\ 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.
Sec. 101 (c), (d), (e) and (f) of Public Law 99-83 also included
specific earmarks and conditions on the use of credits authorized under
sec. 23 for Israel, Egypt, Greece and Turkey.
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(2) Of the aggregate amount of financing provided under
this section, not more than $553,900,000 for fiscal year 1986
and not more than $553,900,000 for fiscal year 1987 may be made
available at concessional rates of interest. If a country is
released from its contractual liability to repay the United
States Government with respect to financing provided under this
section, such financing shall not be considered to be financing
provided at concessional rates of interest for purposes of the
limitation established by this paragraph.
(c) \140\ Loans available under section 23 shall be
provided at rates of interest that are not less than the
current average market yield on outstanding marketable
obligations of the United States of comparable maturities.
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\140\ Sec. 101 of Public Law 104-164 (110 Stat. 1422) amended and
restated subsec. (c). Amended and restated earlier by sec. 101(b) of
Public Law 99-83 (99 Stat. 193), it formerly read as follows:
``For fiscal year 1986 and fiscal year 1987, the principal amount
of credits provided under section 23 at market rates of interest with
respect to Greece, the Republic of Korea, the Philippines, Portugal,
Spain, Thailand, and Turkey shall (if and to the extent each country so
desires) be repaid in not more than twenty years, following a grace
period of ten years on repayment of principal.''.
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(d) \141\ * * * [Repealed--1996]
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\141\ Sec. 104(b)(2)(C) of Public Law 104-164 (110 Stat. 1427)
repealed subsec. (d). The subsection, originally added by sec.
210(c)(1) of the International Security Assistance and Arms Export
Control Act of 1976 (Public Law 94-329; 90 Stat. 740), and amended by
sec. 17(a)(4) of Public Law 96-92 (93 Stat. 709), and by sec. 596(c) of
Public Law 101-513 (104 Stat. 2062), formerly read as follows:
``The aggregate acquisition cost to the United States of excess
defense articles ordered by the President in any fiscal year after
fiscal year 1976 for delivery to foreign countries or international
organizations under the authority of chapter 2 of part II of the
Foreign Assistance Act of 1961 or pursuant to sales under this Act may
not exceed $250,000,000 (exclusive of ships and their onboard stores
and supplies transferred in accordance with law, and of any defense
articles with respect to which the President submits a certification
under section 36(b) of this Act).''.
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Sec. 32.\142\ Prohibition Against Certain Military Export
Financing by Export-Import Bank. * * * [Repealed--1992]
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\142\ Formerly at 22 U.S.C. 2772; repealed by sec. 112(e)(2) of the
Export Enhancement Act of 1992 (Public Law 102-429; 106 Stat. 2195).
Sec. 12(c)(2) of the International Narcotics Control Act of 1992
(Public Law 102-583; 106 Stat. 4935) made an identical amendment;
however, sec. 12(e) of that Act also provided that if an Act to
reauthorize the Export-Import Bank of the United States with identical
amendments is enacted, the amendments contained in the reauthorization
shall be effective. Sec. 32 formerly read as follows:
``Notwithstanding any other provision of law, no funds or borrowing
authority available to the Export-Import Bank of the United States
shall be used by such Bank to participate in any extension of credit in
connection with any agreement to sell defense articles and defense
services entered into with any economically less developed country
after June 30, 1968.''.
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Sec. 33.\143\ Restraint in Arms Sales to Sub-Saharan
Africa.--It is the sense of the Congress that the problems of
Sub-Saharan Africa are primarily those of economic development
and that United States policy should assist in limiting the
development of costly military conflict in that region.
Therefore, the President shall exercise restraint in selling
defense articles and defense services, and in providing
financing for sales of defense articles and defense services,
to countries in Sub-Saharan Africa.
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\143\ 22 U.S.C. 2773. Sec. 33 was amended and restated by sec. 18
of the International Security Assistance Act of 1979 (Public Law 96-92;
93 Stat. 709). It formerly read as follows:
``Sec. 33. Regional Ceiling on Foreign Military Sales.--(a) The
aggregate of the total amount of military assistance pursuant to the
Foreign Assistance Act of 1961, as amended, of credits, or
participations in credits, financed pursuant to section 23, of the
principal amount of loans guaranteed pursuant to section 24(a), shall,
excluding training, not exceed $40,000,000 in each fiscal year for
African countries.
``(b) The President may waive the limitations of this section when
he determines it to be important to the security of the United States
and promptly so reports to the Speaker of the House of Representatives
and the Committee on Foreign Relations of the Senate.''.
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Sec. 34.\144\ 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.
---------------------------------------------------------------------------
\144\ 22 U.S.C. 2774.
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Sec. 35.\145\ Foreign Military Sales to Less Developed
Countries.--(a) When the President finds that any economically
less developed country is diverting development assistance
furnished pursuant to the Foreign Assistance Act of 1961, as
amended, or sales under the Agricultural Trade Development and
Assistance Act of 1954, as amended, to military expenditures,
or is diverting its own resources to unnecessary military
expenditures, to a degree which materially interferes with its
development, such country shall be immediately ineligible for
further sales and guarantees under sections 21, 22, 23, and 24,
until the President is assured that such diversion will no
longer take place.
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\145\ 22 U.S.C. 2775.
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(b) \146\ * * * [Repealed--1974]
---------------------------------------------------------------------------
\146\ Subsec. (b) was repealed by sec. 45(a)(5) of the FA Act of
1974.
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Sec. 36.\147\ 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 \148\ 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) \149\ containing--
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\147\ 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.''.
\148\ 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).
\149\ Sec. 7(b) of the Anti-Terrorism and Arms Export Amendments
Act of 1989 (Public Law 101-222; 103 Stat. 1899) added text to close
parentheses from ``, and any information''.
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(1) a listing of all letters of offer to sell any
major defense equipment for $1,000,000 or more under
this Act to each foreign country and international
organization, by category, if such letters of offer
have not been accepted or canceled;
(2) a listing of all such letters of offer that have
been accepted during the fiscal year in which such
report is submitted, together with the total value of
all defense articles and defense services sold to each
foreign country and international organization during
such fiscal year;
(3) the cumulative dollar amounts, by foreign country
and international organization, of sales credit
agreements under section 23 and guaranty agreements
under section 24 made during the fiscal year in which
such report is submitted;
(4) a numbered listing of all licenses and approvals
for the export to each foreign country and
international organization during such fiscal year of
commercially sold major defense equipment, by category,
sold for $1,000,000 or more, together with the total
value of all defense articles and defense services so
licensed for each foreign country and international
organization, setting forth, with respect to the listed
major defense equipment--
(A) the items to be exported under the
license,
(B) the quantity and contract price of each
such item to be furnished, and
(C) the name and address of the ultimate user
of each such item;
(5) \150\ projections of the dollar amounts, by
foreign country and international organization, of
sales expected to be made under sections 21 and 22, in
the quarter of the fiscal year immediately following
the quarter for which such report is submitted;
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\150\ Sec. 1209(c) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279), deleted
references in pars. (5) and (6) to ``cash sales, and credits, and
guaranty agreements''.
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(6) \150\ 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) \151\ a description of each payment,
contribution, gift, commission, or fee reported to the
Secretary of State under section 39, including (A) the
name of the person who made such payment, contribution,
gift, commission, or fee; (B) the name of any sales
agent or other person to whom such payment,
contribution, gift, commission, or fee was paid; (C)
the date and amount of such payment, contribution,
gift, commission, or fee; (D) a description of the sale
in connection with which such payment, contribution,
gift, commission, or fee was paid; and (E) the
identification of any business information considered
confidential by the person submitting it which is
included in the report;
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\151\ 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). Para.
(8) was redesignated as para. (7) by sec. 1262(c) of Public Law 107-228
(see following).
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.''.
Sec. 1262(c) of the Security Assistance Act of 2002 (division B of
the Foreign Relations Authorization Act, Fiscal Year 2003; Public Law
107-228; 116 Stat. 1434) struck out para. (7) and redesignated the
remaining paras. Para. (7), which was previously amended and restated
by sec. 1209(c) of Public Law 99-83 (99 Stat. 279), provided as
follows:
``(7) an estimate of--
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(8) \152\ a listing of each sale under section 29
during the quarter for which such report is made,
specifying (A) the purchaser, (B) the United States
Government department or agency responsible for
implementing the sale, (C) an estimate of the dollar
amount of the sale, and (D) a general description of
the real property facilities to be constructed pursuant
to such sale;
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\152\ 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). Redesignated as para. (8) by sec. 1262(c) of Public Law
107-228 (117 Stat. 1434).
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(9) \153\ 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; \154\
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\153\ 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). Redesignated as paras. (9) and (10) by sec. 1262(c) of Public
Law 107-228 (117 Stat. 1434).
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.
\154\ Sec. 1045(a) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2644) struck out ``;
and'' at the end of para. (10); struck out a period at the end of para.
(11) and inserted ``; and''; and added a new para. (12). Subsec. (b) of
that section made para. (12) not applicable to any relevant agreement
entered into before the date of enactment of the amendment (September
23, 1996).
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(10) \153\ 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); \154\, \155\
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\155\ 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).
Redesignated as paras. (11) and (12) by sec. 1262(c) of Public Law 107-
228 (117 Stat. 1434).
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(11) \154\ 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 \155\
(12) \155\ 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) \156\ Subject to paragraph (6), in the case of \157\
any letter of offer to sell any defense articles or services
under this Act for $50,000,000 \158\ or more, any design and
construction services for $200,000,000 or more,\159\ or any
major defense equipment for $14,000,000 \160\ 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),\161\ 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 \162\ proposed to be sold,\163\ and a
detailed justification of the reasons necessitating the sale of
such articles or services in view of the sensitivity of such
technology.\164\ 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.\165\ 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).\166\ In addition, the President shall, upon the
request of such committee or the Committee on Foreign Affairs
\167\ of the House of Representatives, transmit promptly to
both such committees a statement setting forth, to the extent
specified in such request--
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\156\ 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 2002, DSAA filed numerous
notifications; see Federal Register, annual index.
\157\ Sec. 1405(a)(2)(A)(i) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1457) struck out ``(1) In the case
of'' and inserted in lieu thereof ``(1) Subject to paragraph (6), in
the case of''.
\1588\ 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).
\159\ 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).
\160\ 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).
\161\ 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).
\162\ 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).
\163\ 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).
\164\ 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).
\165\ 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 * * *''.
\166\ 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 * * *''.
\167\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives. Previously,
sec. 9(a)(7) of the USC Technical Amendments (Public Law 103-437; 108
Stat. 4581) struck out ``International Relations'' and inserted in lieu
thereof ``Foreign Affairs''.
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(A) a detailed description of the defense articles,
defense services, or design and construction services
\168\ to be offered, including a brief description of
the capabilities of any defense article to be offered;
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\168\ The reference to defense services or design and construction
services was added by sec. 105(d)(2)(C)(ix) of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
Stat. 3135).
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(B) an estimate of the number of officers and
employees of the United States Government and of United
States civilian contract personnel expected to be
needed in such country to carry out the proposed sale;
(C) the name of each contractor expected to provide
the defense article, defense service, or design and
construction services \169\ proposed to be sold and a
description of any offset agreement with respect to
such sale; \170\
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\169\ 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).
\170\ 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).
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(D) \171\ 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--
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\171\ 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;''.
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(i) contribute to an arms race;
(ii) \172\ support international terrorism;
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\172\ Sec. 3(b) of the Anti-Terrorism and Arms Export Amendments
Act of 1989 (Public Law 101-222; 103 Stat. 1896) redesignated clauses
(ii) through (iv) as (iii) through (v), respectively, and inserted a
new clause (ii).
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(iii) \172\ increase the possibility of an
outbreak or escalation of conflict;
(iv) \172\ prejudice the negotiation of any
arms controls; or
(v) \172\ 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 \168\
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; \168\
(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
\168\ 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;
\168\
(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 \168\ 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 \168\ 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 \168\ 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 \168\ 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) \173\ the projected delivery dates of the defense
articles, defense services, or design and construction
services \168\ to be offered;
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\173\ Subpar. (N), (O) and (P) were added by sec. 21(4) of the
International Security Assistance Act of 1978 (Public Law 95-384; 92
Stat. 741).
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(O) \173\ a detailed description of weapons and
levels of munitions that may be required as support for
the proposed sale; and
(P) \173\ 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.\174\ 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 \175\ after receiving such certification,\176\ enacts a
joint \177\ 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.\178\
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\174\ 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''.
\175\ 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 2002, vol. I-B.
\176\ 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).
\177\ References to a ``joint'' resolution in lieu of a
``concurrent'' resolution were added by Public Law 99-247 (100 Stat.
9).
\178\ This sentence was added by sec. 19(c) of the International
Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 709).
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(2) Any such joint \177\ 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 \177\ 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 \177\ resolution was referred if such committee has
not reported such joint \177\ resolution at the end of five
calendar days after its introduction.\179\
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\179\ The words to this point beginning with ``, except that for
purposes of * * *'' were added by sec. 102(b)(2) of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1520).
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(3) For the purpose of expediting the consideration and
enactment of joint resolutions under this subsection, a motion
to proceed to the consideration of any such joint \177\
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the House of
Representatives.
(4) \180\ In addition to the other information required to
be contained in a certification submitted to the Congress under
this subsection, each such certification shall cite any
quarterly report submitted pursuant to section 28 of this Act
which listed a price and availability estimate, or a request
for the issuance of a letter of offer, which was a basis for
the proposed sale which is the subject of such certification.
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\180\ Par. (4) was added by sec. 16(b) of the International
Security Assistance Act of 1979 (Public Law 96-92; 93 Stat. 708).
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(5) \181\ (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 \182\ of the House
of Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report--
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\181\ 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).
\182\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(i) describing the manner in which the technology or
capability has been enhanced or upgraded and describing
the significance of such enhancement or upgrade; and
(ii) setting forth a detailed justification for such
enhancement or upgrade.
(B) The provisions of subparagraph (A) apply to an article
or equipment delivered, or a service furnished, within ten
years after the transmittal to the Congress of a numbered
certification with respect to the sale of such article,
equipment, or service.
(C) Subject to paragraph (6), if \183\ 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.
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\183\ Sec. 1405(a)(1)(B)(ii) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1457) struck out ``(C) If'' and
inserted in lieu thereof ``(C) Subject to paragraph (6), if''.
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(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.
(6) \184\ The limitation in paragraph (1) and the
requirement in paragraph (5)(C) shall apply in the case of a
letter of offer to sell to a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, or New
Zealand that does not authorize a new sales territory that
includes any country other than such countries only if the
letter of offer involves--
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\184\ Sec. 1405(a)(2)(A)(iii) of the Security Assistance Act of
2002 (division B of the Foreign Relations Authorization Act, Fiscal
Year 2003; Public Law 107-228; 116 Stat. 1457) added para. (6).
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(A) the sale of major defense equipment under this
Act for, or the enhancement or upgrade of major defense
equipment at a cost of, $25,000,000 or more, as the
case may be; and
(B) the sale of defense articles or services for, or
the enhancement or upgrade of defense articles or
services at a cost of, $100,000,000 or more, as the
case may be; or
(C) the sale of design and construction services for,
or the enhancement or upgrade of design and
construction services at a cost of, $300,000,000 or
more, as the case may be.
(c) \185\ (1) \186\ Subject to paragraph (5), in the case
of \187\ 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 \188\ or more or
of defense articles or defense services sold under a contract
in the amount of $50,000,000 \189\ or more,\190\ (or, in the
case of a defense article that is a firearm controlled under
category I of the United States Munitions List, $1,000,000 or
more) \191\ 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.\192\ In addition, the President shall, upon the
request of such committee or the Committee on Foreign Affairs
\193\ 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.\194\ 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.\195\
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\185\ 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.''.
\186\ 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).
\187\ Sec. 1405(a)(2)(B)(i) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1457) struck out ``(1) In the case
of'' and inserted in lieu thereof ``(1) Subject to paragraph (5), in
the case of''.
\188\ 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).
\189\ 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).
\190\ 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).
\191\ Sec. 1205(a) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1427) inserted ``(or, in the case of a defense
article that is a firearm controlled under category I of the United
States Munitions List, $1,000,000 or more)'' after ``$50,000,000 or
more''.
\192\ 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''.
\193\ 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''.
\194\ 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 * * *''.
\195\ 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''.
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(2) \186\ 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) \196\ 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; \197\
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\196\ 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].''.
\197\ 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.''.
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(B) \197\ 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) \197\ 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) \198\ (A) Any joint \177\ 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 \177\ resolutions under this subsection, a
motion to proceed to the consideration of any such joint \177\
resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the House of
Representatives.
(4) \198\ 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''.
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\198\ 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).
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(5) \199\ In the case of an application by a person (other
than with regard to a sale under section 21 or 22 of this Act)
for a license for the export to a member country of the North
Atlantic Treaty Organization (NATO) or Australia, Japan, or New
Zealand that does not authorize a new sales territory that
includes any country other than such countries, the limitations
on the issuance of the license set forth in paragraph (1) shall
apply only if the license is for export of--
---------------------------------------------------------------------------
\199\ Sec. 1405(a)(2)(B)(ii) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1457) added para. (5).
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(A) major defense equipment sold under a contract in
the amount of $25,000,000 or more; or
(B) defense articles or defense services sold under a
contract in the amount of $100,000,000 or more.
(d)(1) \200\ In the case of an approval under section 38 of
this Act of a United States commercial technical assistance or
manufacturing licensing agreement \201\ which involves the
manufacture abroad of any item of significant combat equipment
on the United States Munitions List, before such approval is
given, the President shall submit a certification with respect
to such proposed commercial agreement in a manner similar to
the certification required under subsection (c)(1) containing
comparable information, except that the last sentence of such
subsection shall not apply to certifications submitted pursuant
to this subsection.
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\200\ Sec. 141(d)(1) of Public Law 104-164 (110 Stat. 1432)
inserted para. designation ``(1)'' after ``(d)''.
\201\ Sec. 141(d)(2) of Public Law 104-164 (110 Stat. 1432) struck
out ``for or in a country not a member of the North Atlantic Treaty
Organization'' after ``licensing agreement''.
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(2) \202\ A certification under this subsection shall be
submitted--
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\202\ Sec. 141(d)(3) of Public Law 104-164 (110 Stat. 1432) added
paras. (2) through (5).
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
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(A) at least 15 days before approval is given in the
case of an agreement for or in a country which is a
member of the North Atlantic Treaty Organization or
Australia, Japan, or New Zealand; and
(B) at least 30 days before approval is given in the
case of an agreement for or in any other country;
unless the President states in his certification that an
emergency exists which requires the immediate approval of the
agreement in the national security interests of the United
States.
(3) If the President states in his certification that an
emergency exists which requires the immediate approval of the
agreement in the national security interests of the United
States, thus waiving the requirements of paragraph (4), he
shall set forth in the certification a detailed justification
for his determination, including a description of the emergency
circumstances which necessitate the immediate approval of the
agreement and a discussion of the national security interests
involved.
(4) Approval for an agreement subject to paragraph (1) may
not be given under section 38 if the Congress, within the 15-
day or 30-day period specified in paragraph (2)(A) or (B), as
the case may be, enacts a joint resolution prohibiting such
approval.
(5)(A) Any joint resolution under paragraph (4) shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(B) For the purpose of expediting the consideration and
enactment of joint resolutions under paragraph (4), a motion to
proceed to the consideration of any such joint resolution after
it has been reported by the appropriate committee shall be
treated as highly privileged in the House of Representatives.
(e) \203\ For purposes of this section--
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\203\ Sec. 732(c) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503) added
subsec. (e).
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(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) \204\ The President shall cause to be published in a
timely manner \205\ 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--\206\
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\204\ 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).
\205\ 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''.
\206\ 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).
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(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) \207\ 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)).
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\207\ 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).
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Sec. 37.\208\ Fiscal Provisions Relating to Foreign
Military Sales Credits.--(a) Cash payments received under
sections 21, 22, and 29 \209\ and advances received under
section 23 shall be available solely for payments to suppliers
(including the military departments) and refunds to purchasers
and shall not be available for financing credits and
guaranties.
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\208\ 22 U.S.C. 2777.
\209\ The reference to sec. 29 was added by sec. 105(e)(1) of the
International Security and Development Cooperation Act of 1980 (Public
Law 96-533; 94 Stat. 3135).
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(b) Amounts received from foreign governments and
international organizations as repayments for credits extended
pursuant to section 23, amounts received from the disposition
of instruments evidencing indebtedness under section 24(b)
(excluding such portion of the sales proceeds as may be
required at the time of disposition to be obligated as a
reserve for payment of claims under guaranties issued pursuant
to section 24(b), which sums are made available for such
obligations),\210\ and other collections (including fees and
interest) shall be transferred to the miscellaneous receipts of
the Treasury.
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\210\ The words to this point beginning with ``under section 24(b)
(excluding'' were added by sec. 25(11) of the FA Act of 1973.
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(c) \211\ Notwithstanding the provisions of subsection (b),
to the extent that any of the funds constituting the reserve
under section 24(c) are paid out for a claim arising out of a
loan guaranteed under section 24, amounts received from a
foreign government or international organization after the date
of such payment, with respect to such claim, shall be credited
to such reserve, shall be merged with the funds in such
reserve, and shall be available for any purpose for which funds
in such reserve are available.
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\211\ Subsec. (c) was added by sec. 104(b) of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
Stat. 3133).
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Sec. 38.\212\ Control of Arms Exports and Imports.--(a)(1)
In furtherance of world peace and the security and foreign
policy of the United States, the President is authorized to
control the import and the export of defense articles and
defense services and to provide foreign policy guidance to
persons of the United States involved in the export and import
of such articles and services. The President is authorized to
designate those items which shall be considered as defense
articles and defense services for the purposes of this section
and to promulgate regulations for the import and export of such
articles and services. The items so designated shall constitute
the United States Munitions List.
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\212\ 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 sec. 1403 of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1453), relating to information management
priorities.
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 (Department of State Notice 84-3, January 23, 1984, 49 F.R.
2836; Public Notice 4371, May 16, 2003, 68 F.R. 28315; Public Notice
4375, May 28, 2003, 68 F.R. 31739); 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; and Department of State Public Notice 3767; 66 F.R. 46491;
September 5, 2001); 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); Afghanistan
(Taliban-controlled areas: Department of State Public Notice (June 27,
1996; 61 F.R. 33313; and Public Notice 3657, May 8, 2001; 66 F.R.
23310; all licenses except to the Afghan Interim Authority: June 3,
2002; 67 F.R. 44352)); and Zimbabwe (April 11, 2002; 67 F.R. 18978;
some export exceptions, July 17, 2002; 67 F.R. 48242).
Over 2000-2001, restrictions imposed against India and Pakistan
were adjusted or lifted: Presidential Determination No. 2000-18; March
18, 2000; 65 F.R. 16297; Presidential Determination No. 2001-11;
January 19, 2001; 66 F.R. 8503; Presidential Determination No. 2001-23;
August 9, 2001; 66 F.R. 44521; and Presidential Determination No. 2001-
28; September 22, 2001; 66 F.R. 50095. (Restrictions originally imposed
against India on May 13, 1998 (Department of State Public Notice 2825;
63 F.R. 27781); and against Pakistan on May 30, 1998 (Department of
State Public Notice 2835; 63 F.R. 33122).
Effective March 24, 2003, Khan Research Laboratories of Pakistan
were restricted under the ITAR and within terms of sec. 203(b)(3) of
the International Emergency Economic Powers Act (Public Notice 4327; 68
F.R. 16113).
Effective September 10, 1999, restrictions were imposed against
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); These
were eased, effective August 25, 2000, to expand ``the exception of the
items permitted to be exported * * * to, on a case-by-case basis, C-130
spare parts including when for the Government of Indonesia''
(Department of State Public Notice 3557; 66 F.R. 7836). Effective
November 28, 2000, exceptions to Indonesia for defense articles and
defense services ``for ultimate end-use by a third country'' were
allowed on a case-by-case basis (Department of State Public Notice
3612; 66 F.R. 16085). Effective September 19, 2001, the exceptions to
Indonesia were again expanded to include, on a case-by-case basis:
``(a) Non-lethal defense articles and spare parts; and (b) non-lethal,
safety-of-use spare parts for lethal end-items. An example of safety-
of-use items would be cartridge actuated aircraft for purposes of
enhancing the safety of the aircraft crew. for non-lethal defense end-
items, no distinction will be made between Indonesia's existing and new
inventory.'' (Department of State Public Notice 3854; 66 F.R. 65235).
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).
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; and Public Notice 3657, May 8, 2001; 66 F.R. 23310);
Belarus, Cuba, Iran, Iraq, Libya, North Korea, Syria, 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
(see also 68 F.R. 28314), Haiti, Liberia (see also 66 F.R. 46491),
Rwanda (59 F.R. 42158), Somalia, Sudan, and Democratic Republic of
Congo (formerly Zaire).
Federal Republic of Yugoslavia (Serbia and Montenegro) was removed
from the ITAR restrictive list, effective December 3, 2001 (67 F.R.
1074). Armenia and Azerbaijan were removed from the list effective
April 3, 2002 (67 F.R. 15101).
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).
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(2) Decisions on issuing export licenses under this section
shall take into account \213\ 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.\214\
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\213\ 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''.
\214\ 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.''.
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(3) \215\ In exercising the authorities conferred by this
section, the President may require that any defense article or
defense service be sold under this Act as a condition of its
eligibility for export, and may require that persons engaged in
the negotiation for the export of defense articles and services
keep the President fully and currently informed of the progress
and future prospects of such negotiations.
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\215\ Par. (3) was added by sec. 107(c) of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533, 94
Stat. 3136).
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(b)(1)(A)(i) \216\ As prescribed in regulations issued
under this section, every person (other than an officer or
employee of the United States Government acting in an official
capacity) who engages in the business of manufacturing,
exporting, or importing any defense articles or defense
services designated by the President under subsection (a)(1)
shall register with the United States Government agency charged
with the administration of this section, and shall pay a
registration fee which shall be prescribed by such regulations.
Such regulations shall prohibit the return to the United States
for sale in the United States (other than for the Armed Forces
of the United States and its allies or for any State for local
law enforcement agency) of any military firearms or ammunition
of United States manufacture furnished to foreign governments
by the United States under this Act or any other foreign
assistance or sales program of the United States, whether or
not enhanced in value or improved in condition in a foreign
country. This prohibition shall not extend to similar firearms
that have been so substantially transformed as to become, in
effect, articles of foreign manufacture.
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\216\ Sec. 151(a) of Public Law 104-164 (110 Stat. 1437) added
clause designation ``(i)'' and added clause (ii).
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(ii) \217\ (I) As prescribed in regulations issued under
this section, every person (other than an officer or employee
of the United States Government acting in official capacity)
who engages in the business of brokering activities with
respect to the manufacture, export, import, or transfer of any
defense article or defense service designated by the President
under subsection (a)(1), or in the business of brokering
activities with respect to the manufacture, export, import, or
transfer of any foreign defense article or defense service (as
defined in subclause (IV)), shall register with the United
States Government agency charged with the administration of
this section, and shall pay a registration fee which shall be
prescribed by such regulations.
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\217\ Sec. 151(a)(2) of Public Law 104-164 (110 Stat. 1437) added
clause (ii). Subsec. (b) (22 U.S.C. 2778 note) of that section
provided: ``Section 38(b)(1)(A)(ii) of the Arms Export Control Act, as
added by subsection (a), shall apply with respect to brokering
activities engaged in beginning on or after 120 days after the
enactment of this Act.''.
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(II) Such brokering activities shall include the financing,
transportation, freight forwarding, or taking of any other
action that facilitates the manufacture, export, or import of a
defense article or defense service.
(III) No person may engage in the business of brokering
activities described in subclause (I) without a license, issued
in accordance with this Act, except that no license shall be
required for such activities undertaken by or for an agency of
the United States Government--
(aa) for use by an agency of the United States
Government; or
(bb) for carrying out any foreign assistance or sales
program authorized by law and subject to the control of
the President by other means.
(IV) For purposes of this clause, the term ``foreign
defense article or defense service'' includes any non-United
States defense article or defense service of a nature described
on the United States Munitions List regardless of whether such
article or service is of United States origin or whether such
article or service contains United States origin components.
(B) \218\ A copy of each registration made under this
paragraph shall be transmitted to the Secretary of the Treasury
for review regarding law enforcement concerns. The Secretary
shall report to the President regarding such concerns as
necessary.
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\218\ The first subparagraph (B) was added by sec. 1255(b) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public
Law 100-204; 101 Stat. 1431). The second subparagraph (B), which should
probably have been designated subpar. (C) was added by sec. 8142(a) of
the Department of Defense Appropriations Act, 1988 (sec. 101(b) of the
Continuing Appropriations for 1988, Public Law 100-202; 101 Stat. 1329-
88).
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(B) \218\ 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) \219\ (A) For each of the fiscal years 1988 and 1989,
$250,000 of registration fees collected pursuant to paragraph
(1) shall be credited to a Department of State account, to be
available without fiscal year limitation. Fees credited to that
account shall be available only for the payment of expenses
incurred for--
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\219\ Par. (3) was added by sec. 1255(c) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
Stat. 1431). The original par. (3), as amended by sec. 21 of Public Law
96-92 (93 Stat. 710) and sec. 107(a) of Public Law 96-533 (94 Stat.
3136), was repealed by sec. 106 of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1522).
Par. (3) had stipulated that no license could be issued under this Act
for the export of any major defense equipment sold under contract in
the amount of $100,000,000 or more (exceptions were provided for NATO
members, Australia, Japan, New Zealand, countries participating in co-
production arrangements).
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(i) contract personnel to assist in the evaluation of
munitions control license applications, reduce
processing time for license applications, and improve
monitoring of compliance with the terms of licenses;
and
(ii) the automation of munitions control functions
and the processing of munitions control license
applications, including the development, procurement,
and utilization of computer equipment and related
software.
(B) The authority of this paragraph may be exercised only to
such extent or in such amounts as are provided in advance in
appropriation Acts.
(c) Any person who willfully violates any provision of this
section or section 39, or any rule or regulation issued under
either section, or who willfully, in a registration or license
application or required report, makes any untrue statement of a
material fact or omits to state a material fact required to be
stated therein or necessary to make the statements therein not
misleading, shall upon conviction be fined for each violation
not more than $1,000,000,\220\ or imprisoned not more than ten
years, or both.
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\220\ Sec. 119(a) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 203) raised the
amount of the fine to $1,000,000; added the limitation ``for each
violation''; and raised the period of imprisonment from two to ten
years. Previously the fine was ``not more than $100,000''.
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(d) \221\ * * * [Repealed--1979]
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\221\ Subsec. (d), which specified that sec. 38 would apply to and
within the Canal Zone, was repealed by sec. 3303(a)(4) of the Panama
Canal Act of 1979 (Public Law 96-70; 93 Stat. 499).
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(e) In carrying out functions under this section with
respect to the export of defense articles and defense services,
the President is authorized to exercise the same powers
concerning violations and enforcement which are conferred upon
departments, agencies and officials by subsections (c), (d),
(e), and (g) of section 11 of the Export Administration Act of
1979, and by subsections (a) and (c) of section 12 of such
Act,\222\ 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 \223\ 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.\224\ 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.\225\
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\222\ 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).
\223\ 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.
\224\ 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''.
\225\ The last sentence was added by sec. 119(b) of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83; 99 Stat. 204).
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(f) \226\ (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. The President may not remove any
item from the Munitions List until 30 days after the date on
which the President has provided notice of the proposed removal
to the Committee on International Relations of the House of
Representatives and to the Committee on Foreign Relations of
the Senate in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961. Such notice shall describe the
nature of any controls to be imposed on that item under any
other provision of law.\227\
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\226\ 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).
\227\ Sec. 1406 of the Security Assistance Act of 2002 (division B
of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1458) struck out ``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.'' and
inserted in lieu thereof ``The President may not remove any item from
the Munitions List until 30 days after the date on which the President
has provided notice of the proposed removal to the Committee on
International Relations of the House of Representatives and to the
Committee on Foreign Relations of the Senate in accordance with the
procedures applicable to reprogramming notifications under section
634A(a) of the Foreign Assistance Act of 1961. Such notice shall
describe the nature of any controls to be imposed on that item under
any other provision of law.''.
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(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) \228\ (1) The President shall develop appropriate
mechanisms to identify, in connection with the export licensing
process under this section--
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\228\ Subsec. (g) was added by sec. 1255 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
Stat. 1429).
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(A) persons who are the subject of an indictment for,
or have been convicted of, a violation under--
(i) this section,
(ii) section 11 of the Export Administration
Act of 1979 (50 U.S.C. App. 2410),
(iii) section 793, 794, or 798 of title 18,
United States Code (relating to espionage
involving defense or classified information) or
section 2339A of such title (relating to
providing material support to terrorists),\229\
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\229\ 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)''.
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(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) \230\ The President shall, in coordination with law
enforcement and national security agencies, develop standards
for identifying high-risk exports for regular end-use
verification. These standards shall be published in the Federal
Register and the initial standards shall be published not later
than October 1, 1988.
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\230\ Sometimes referred to as the ``Blue Lantern Program''.
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(8) Upon request of the Secretary of State, the Secretary of
Defense and the Secretary of the Treasury shall detail to the
office primarily responsible for export licensing functions
under this section, on a nonreimbursable basis, personnel with
appropriate expertise to assist in the initial screening of
applications for export licenses under this section in order to
determine the need for further review of those applications for
foreign policy, national security, and law enforcement
concerns.
(9) For purposes of this subsection--
(A) the term ``foreign corporation'' means a
corporation that is not incorporated in the United
States;
(B) the term ``foreign government'' includes any
agency or subdivision of a foreign government,
including an official mission of a foreign government;
(C) the term ``foreign person'' means any person who
is not a citizen or national of the United States or
lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act,
and includes foreign corporations, international
organizations, and foreign governments;
(D) the term ``party to the export'' means--
(i) the president, the chief executive
officer, and other senior officers of the
license applicant;
(ii) the freight forwarders or designated
exporting agent of the license application; and
(iii) any consignee or end user of any item
to be exported; and
(E) the term ``person'' means a natural person as
well as a corporation, business association,
partnership, society, trust, or any other entity,
organization, or group, including governmental
entities.
(h) \231\ The designation by the President (or by an
official to whom the President's functions under subsection (a)
have been duly delegated), in regulations issued under this
section, of items as defense articles or defense services for
purposes of this section shall not be subject to judicial
review.
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\231\ Sec. 6 of the Anti-Terrorism and Arms Export Amendments Act
of 1989 (Public Law 101-222; 103 Stat. 1899) added subsec. (h).
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(i) \232\ 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.
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\232\ 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).
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(j) \233\ Requirements Relating to Country Exemptions for
Licensing of Defense Items for Export to Foreign Countries.--
---------------------------------------------------------------------------
\233\ Sec. 102(a) of the Security Assistance Act of 2000 (Public
Law 106-280; 114 Stat. 846) added subsec. (j).
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(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.\234\ Fees of Military Sales Agents and Other
Payments.--(a) In accordance with such regulations as he may
prescribe, the Secretary of State shall require adequate and
timely reporting on political contributions, gifts, commissions
and fees paid, or offered or agreed to be paid, by any person
in connection with--
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\234\ 22 U.S.C. 2779. Sec. 39 was added by sec. 604(b) of the
International Security Assistance and Arms Export Control Act of 1976
(Public Law 94-329; 90 Stat. 767). Sec. 604(c) of the same Act stated
that this amendment ``shall take effect sixty days after the date of
enactment of this Act'' (August 29, 1976).
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(1) sales of defense articles or defense services
under section 22, or of design and construction
services under section 29 \235\ of this Act; or
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\235\ The reference to design and construction services under sec.
29 was added by sec. 105(e)(2)(A) of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135).
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(2) commercial sales of defense articles or defense
services licensed or approved under section 38 of this
Act;
to or for the armed forces of a foreign country or
international organization in order to solicit, promote, or
otherwise to secure the conclusion of such sales. Such
regulations shall specify the amounts and the kinds of
payments, offers, and agreements to be reported, and the form
and timing of reports, and shall require reports on the names
of sales agents and other persons receiving such payments. The
Secretary of State shall by regulation require such
recordkeeping as he determines is necessary.
(b) The President may, by regulation, prohibit, limit, or
prescribe conditions with respect to such contributions, gifts,
commissions, and fees as he determines will be in furtherance
of the purposes of this Act.
(c) No such contribution, gift, commission, or fee may be
included, in whole or in part, in the amount paid under any
procurement contract entered into under section 22 or section
29 \236\ of this Act, unless the amount thereof is reasonable,
allocable to such contract, and not made to a person who has
solicited, promoted, or otherwise secured such sale, or has
held himself out as being able to do so, through improper
influence. For the purposes of this section, ``improper
influence'' means influence, direct or indirect, which induces
or attempts to induce consideration or action by any employee
or officer of a purchasing foreign government or international
organization with respect to such purchase on any basis other
than such consideration of merit as are involved in comparable
United States procurements.
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\236\ The reference to sec. 29 was added by sec. 105(e)(2)(B) of
the International Security and Development Cooperation Act of 1980
(Public Law 96-533; 94 Stat. 3155).
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(d)(1) All information reported to the Secretary of State
and all records maintained by any person pursuant to
regulations prescribed under this section shall be available,
upon request, to any standing committee of the Congress or any
subcommittee thereof and to any agency of the United States
Government authorized by law to have access to the books and
records of the person required to submit reports or to maintain
records under this section.
(2) Access by an agency of the United States Government to
records maintained under this section shall be on the same
terms and conditions which govern the access by such agency to
the books and records of the person concerned.
SEC. 39A.\237\ PROHIBITION ON INCENTIVE PAYMENTS.
(a) No United States supplier of defense articles or
services sold or licensed \238\ under this Act, nor any
employee, agent, or subcontractor thereof, shall, with respect
to the sale or export \239\ of any such defense article or
defense service to a foreign country, make any incentive
payments for the purpose of satisfying, in whole or in part,
any offset agreement with that country.
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\237\ 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).
\238\ 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''.
\239\ 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''.
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(b) Any person who violates the provisions of this section
shall be subject to the imposition of civil penalties as
provided for in this section.
(c) In the enforcement of this section, the President is
authorized to exercise the same powers concerning violations
and enforcement and imposition of civil penalties which are
conferred upon departments, agencies and officials by
subsections (c), (d), (e), and (f) of section 11 of the Export
Administration Act of 1979 and section 12(a) of such Act,
subject to the same terms and conditions as are applicable to
such powers under that Act, except that 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 or five times the amount of the prohibited
incentive payment, whichever is greater.
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\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.
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(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).\241\
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\241\ 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)''.
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Sec. 40.\242\ Transactions With Countries Supporting Acts
of International Terrorism.
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\242\ 22 U.S.C. 2780. See also 22 CFR Part 120-130. Sec. 40 was
added by sec. 509(a) of Public Law 99-399 (100 Stat. 874). Sec. 40 was
amended and restated by the Anti-Terrorism and Arms Export Amendments
Act of 1989 (Public Law 101-222; 103 Stat. 1892). It previously read as
follows:
``Sec. 40. Exports to Countries Supporting Acts of International
Terrorism.
``(a) Prohibition.--Except as provided in subsection (b), items on
the United States Munitions List may not be exported to any country
which the Secretary of State has determined, for purposes of section
6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)), has repeatedly provided support for acts of
international terrorism.
``(b) Waiver.--The President may waive the prohibition contained in
subsection (a) in the case of a particular export if the President
determines that the export is important to the national interests of
the United States and submits to the Congress a report justifying that
determination and describing the proposed export. Any such waiver shall
expire at the end of 90 days after it is granted unless the Congress
enacts a law extending the waiver.''.
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(a) Prohibited Transactions by the United States
Government.--The following transactions by the United States
Government are prohibited:
(1) Exporting or otherwise providing (by sale, lease
or loan, grant, or other means), directly or
indirectly, any munitions item to a country described
in subsection (d) under the authority of this Act, the
Foreign Assistance Act of 1961, or any other law
(except as provided in subsection (h)). In implementing
this paragraph, the United States Government--
(A) shall suspend delivery to such country of
any such item pursuant to any such transaction
which has not been completed at the time the
Secretary of State makes the determination
described in subsection (d), and
(B) shall terminate any lease or loan to such
country of any such item which is in effect at
the time the Secretary of State makes that
determination.
(2) Providing credits, guarantees, or other financial
assistance under the authority of this Act, the Foreign
Assistance Act of 1961, or any other law (except as
provided in subsection (h)), with respect to the
acquisition of any munitions item by a country
described in subsection (d). In implementing this
paragraph, the United States Government shall suspend
expenditures pursuant to any such assistance obligated
before the Secretary of 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) \243\ 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,\244\ willfully aid or abet an individual or groups in
acquiring unsafeguarded special nuclear material, or willingly
aid or abet the efforts of an individual or group to use,
develop, produce, stockpile, or otherwise acquire chemical,
biological, or radiological weapons.\245\
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\243\ Sec. 543 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 197), provided the following:
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``prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
``Sec. 543. (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 6(j) of the Export Administration 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 authority 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.''.
In prior years, this section referred to sec. 40(d) of the Arms
Export Control Act where it currently cites sec. 6(j) of the Export
Administration Act of 1979.
\244\ Sec. 1204(1) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1427) struck out ``groups or'' and inserted in
lieu thereof ``groups,''.
\245\ 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, * * *''. Sec.
1204(2) of the Security Assistance Act of 2002 (division B of the
Foreign Relations Authorization Act, Fiscal Year 2003; Public Law 107-
228; 116 Stat. 1427) added ``, or willingly aid or abet the efforts of
an individual or group to use, develop, produce, stockpile, or
otherwise acquire chemical, biological, or radiological weapons''.
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(e) Publication of Determinations.--Each determination of
the Secretary of State under subsection (d) shall be published
in the Federal Register.
(f) Rescission.--(1) \246\ A determination made by the
Secretary of State under subsection (d) may not be rescinded
unless the President submits to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate--
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\246\ Sec. 321(3) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710),
inserted new designation for par. (1), and sec. 321(4) added a new par.
(2).
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(A) \247\ before the proposed rescission would take
effect, a report certifying that--
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\247\ Sec. 321(2) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710),
redesignated pars. (1) and (2), as subpars. (A) and (B), respectively.
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(i) \248\ there has been a fundamental change
in the leadership and policies of the
government of the country concerned;
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\248\ Sec. 321(1) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710),
redesignated ``subparagraphs (A), (B), and (C) of each of paragraphs
(1) and (2) as clauses (i), (ii), and (iii), respectively.''. Clause
(2), redesignated here as subpar. (B), however, has only two subpars.,
redesignated here as (i) and (ii), from (A) and (B), respectively.
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(ii) \248\ that government is not supporting
acts of international terrorism; and
(iii) \248\ that government has provided
assurances that it will not support acts of
international terrorism in the future; or
(B) \247\ at least 45 days before the proposed
rescission would take effect, a report justifying the
rescission and certifying that--
(i) \248\ the government concerned has not
provided any support for international
terrorism during the preceding 6-month period;
and
(ii) \248\ the government concerned has
provided assurances that it will not support
acts of international terrorism in the future.
(2) \246\ (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),\249\ 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 \250\ of the House of
Representatives and the Committee on Foreign Relations of the
Senate, respectively.
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\249\ 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.'.
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* * * * * * *
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``(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:
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``(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.
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``(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.''.
\250\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(g) Waiver.--The President may waive the prohibitions
contained in this section with respect to a specific
transaction if--
(1) the President determines that the transaction is
essential to the national security interests of the
United States; and
(2) not less than 15 days prior to the proposed
transaction, the President--
(A) consults with the Committee on Foreign
Affairs \250\ 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 \251\ (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,\252\ notwithstanding section 11(c) of that
Act, the civil penalty for each violation of this section may
not exceed $500,000.
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\251\ See Legislation on Foreign Relations Through 2000, vol. III,
sec. J.
\252\ 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.
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(l) Definitions.--As used in this section--
(1) the term ``munitions item'' means any item
enumerated on the United States Munitions list (without
regard to whether the item is imported into or exported
from the United States);
(2) the term ``United States'', when used
geographically, means the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any
territory or possession of the United States; \253\
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\253\ Sec. 822(a)(2)(B) of the Nuclear Proliferation Prevention Act
of 1994 (title VIII of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995; Public Law 103-236; 108 Stat. 511), struck out
``and'' at the end of para. (2); struck out a period at the end of
para. (3), and inserted in lieu thereof a semicolon; and added new
paras. (4) and (5).
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(3) the term ``United States person'' means--
(A) any citizen or permanent resident alien
of the United States;
(B) any sole proprietorship, partnership,
company, association, or corporation having its
principal place of business within the United
States or organized under the laws of the
United States, any State, the District of
Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands,
or any territory or possession of the United
States;
(C) any other person with respect to that
person's actions while in the United States;
and
(D) to the extent provided in regulations
issued by the Secretary of state, any person
that is not described in subparagraph (A), (B),
or (C) but--
(i) is a foreign subsidiary or
affiliate of a United States person
described in subparagraph (B) and is
controlled in fact by that United
States person (as determined in
accordance with those regulations), or
(ii) is otherwise subject to the
jurisdiction of the United States
with respect to that person's actions while
outside the United States;
(4) \253\ 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) \253\ 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.\254\ Transactions With Countries Not Fully
Cooperating With United States Antiterrorism Efforts.--
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\254\ 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 15, 2003, the Deputy Secretary of State determined and
certified, as is done annually, ``that the following countries are not
cooperating fully with United States antiterrorism efforts: Cuba; Iran;
Libya; North Korea; Sudan; and Syria'' (Department of State Public
Notice No. 4023; 67 F.R. 36062). The first list promulgated under this
section, in 1997, included Afghanistan and Iraq. Afghanistan was
removed from the list in 2002. Iraq was removed from the list in 2003.
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(a) Prohibited Transactions.--No defense article or defense
service may be sold or licensed for export under this Act in a
fiscal year to a foreign country that the President determines
and certifies to Congress, by May 15 of the calendar year in
which that fiscal year begins, is not cooperating fully with
United States antiterrorism efforts.
(b) Waiver.--The President may waive the prohibition set
forth in subsection (a) with respect to a specific transaction
if the President determines that the transaction is important
to the national interests of the United States.
Chapter 3A--END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE SERVICES
\255\
SEC. 40A.\256\ END-USE MONITORING OF DEFENSE ARTICLES AND DEFENSE
SERVICES.
(a) Establishment of Monitoring Program.--
(1) In general.--In order to improve accountability
with respect to defense articles and defense services
sold, leased, or exported under this Act or the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the
President shall establish a program which provides for
the end-use monitoring of such articles and services.
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\255\ Sec. 150(a) of Public Law 104-164 (110 Stat. 1436) added
chapter 3A.
\256\ 22 U.S.C. 2785. Added by sec. 150(a) of Public Law 104-164
(110 Stat. 1436). Sec. 330 of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1258) added another
sec. 40A, relating to transactions with countries not fully cooperating
with U.S. antiterrorism efforts.
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(2) Requirements of program.--To the extent
practicable, such program--
(A) shall provide for the end-use monitoring
of defense articles and defense services in
accordance with the standards that apply for
identifying high-risk exports for regular end-
use verification developed under section
38(g)(7) of this Act (commonly referred to as
the ``Blue Lantern'' program); and
(B) shall be designed to provide reasonable
assurance that--
(i) the recipient is complying with
the requirements imposed by the United
States Government with respect to use,
transfers, and security of defense
articles and defense services; and
(ii) such articles and services are
being used for the purposes for which
they are provided.
(b) Conduct of Program.--In carrying out the program
established under subsection (a), the President shall ensure
that the program--
(1) provides for the end-use verification of defense
articles and defense services that incorporate
sensitive technology, defense articles and defense
services that are particularly vulnerable to diversion
or other misuse, or defense articles or defense
services whose diversion or other misuse could have
significant consequences; and
(2) prevents the diversion (through reverse
engineering or other means) of technology incorporated
in defense articles.
(c) Report to Congress.--Not later than 6 months after the
date of the enactment of this section, and annually thereafter
as a part of the annual congressional presentation documents
submitted under section 634 of the Foreign Assistance Act of
1961, the President shall transmit to the Congress a report
describing the actions taken to implement this section,
including a detailed accounting of the costs and number of
personnel associated with the monitoring program.
(d) Third Country Transfers.--For purposes of this section,
defense articles and defense services sold, leased, or exported
under this Act or the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) includes defense articles and defense services
that are transferred to a third country or other third party
and the numbers, range, and finding of end-use monitoring of
United States transfers of small arms and light weapons.\257\
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\257\ Sec. 1205(b) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1458) inserted ``and the numbers, range, and
finding of end-use monitoring of United States transfers of small arms
and light weapons''.
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Chapter 4--GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS
Sec. 41. Effective Date.--This Act shall take effect on
July 1, 1968.
Sec. 42.\258\ General Provisions.--(a) \259\ 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 \260\ 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,\261\ (B) the portion of the defense articles so
manufactured which is of United States origin, and (C) \259\
whether, and the extent to which, such sale might contribute to
an arms race, aid in the development of weapons of mass
destruction, support international terrorism, increase the
possibility of outbreak or escalation of conflict, or prejudice
the development of bilateral or multilateral arms control or
nonproliferation agreements or other arrangements.
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\258\ 22 U.S.C. 2791. See also notes at section 38, regarding
Presidential Determinations.
\259\ 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.''.
\260\ 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).
\261\ Sec. 401(e) of the FA Act of 1971 (Public Law 92-226) struck
out the word ``and'' which appeared at this point.
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(b) \262\ 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,\263\ production
outside the United States of any defense article of United
States origin unless the Secretary of State shall, in advance
of any such transaction, advise the appropriate committees of
the Congress and furnish the Speaker of the House of
Representatives and the President of the Senate with full
information regarding the proposed transaction, including, but
not limited to, a description of the particular defense article
or articles which would be produced under license or coproduced
outside the United States, the estimated value of such
production or coproduction, and the probable impact of the
proposed transaction on employment and production within the
United States.
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\262\ 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.
\263\ Although the slip law contains a comma between ``licensed,
production'' in the first sentence, it is interpreted as ``licensed
production'' with no comma.
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(c) \262\ 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) \261\ (1) With respect to sales and guaranties under
sections 21, 22, 23, 24, 29, and 30 \264\ the Secretary of
Defense shall, under the direction of the President, have
primary responsibility for--
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\264\ The reference to sec. 29 was added by sec. 105(e)(3) of the
International Security and Development Cooperation Act of 1980 (Public
Law 96-533; 94 Stat. 3135). The reference to sec. 30 was added by sec.
2 of Public Law 97-392 (96 Stat. 1962).
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(A) the determination of military end-item
requirements;
(B) the procurement of military equipment in a manner
which permits its integration with service programs;
(C) the supervision of the training of foreign
military personnel;
(D) the movement and delivery of military end-items;
and
(E) within the Department of Defense, the performance
of any other functions with respect to sales and
guaranties.
(2) The establishment of priorities in the procurement,
delivery, and allocation of military equipment shall, under the
direction of the President, be determined by the Secretary of
Defense.
(e) \265\ (1) Each contract for sale entered into under
sections 21, 22, 29, and 30 \264\ of this Act, and each
contract entered into under section 27(d) of this Act,\266\
shall provide that such contract may be canceled in whole or in
part, or its execution suspended, by the United States at any
time under unusual or compelling circumstances if the national
interest so requires.
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\265\ 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).
\266\ The reference to sec. 27(d) was added by sec. 115(b)(3) of
the International Security and Development Cooperation Act of 1985
(Public Law 99-83; 99 Stat. 210).
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(2)(A) Each export license issued under section 38 of this
Act shall provide that such license may be revoked, suspended,
or amended by the Secretary of State, without prior notice,
whenever the Secretary deems such action to be advisable.
(B) Nothing in this paragraph may be construed as limiting
the regulatory authority of the President under this Act.
(3) There are authorized to be appropriated from time to
time such sums as may be necessary (A) to refund moneys
received from purchasers under contracts of sale entered into
under sections 21, 22, 29, and 30 \264\ of this Act, or under
contracts entered into under sec. 27(d) of this Act,\266\ 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) \267\ The President shall, to the maximum extent
possible and consistent with the purposes of this Act, use
civilian contract personnel in any foreign country to perform
defense services sold under this Act.
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\267\ Subsec. (f) was added by sec. 605(b) of the International
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 768).
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Sec. 43.\268\ Administrative Expenses.--(a) Funds made
available under other law for the operations of United States
Government agencies carrying out functions under this Act shall
be available for the administrative expenses incurred by such
agencies under this Act.
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\268\ 22 U.S.C. 2792.
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(b) \269\ 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 \270\ incurred by any department or
agency of the United States Government, including any mission
or group thereof, in carrying out functions under this Act
when--
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\269\ 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).
\270\ The reference to reception and representation expenses was
added by sec. 120(1) of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204).
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(1) such functions are primarily for the benefit of
any foreign country;
(2) such expenses are not directly and fully charged
to, and reimbursed from amounts received for, sale of
defense services under section 21(a) of this Act; and
(3) \271\ such expenses are neither salaries of the
Armed Forces of the United States nor represent
unfunded estimated costs of civilian retirement and
other benefits.
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\271\ Sec. 9104(b)(1) of the Department of Defense Appropriations
Act, 1990 (Public Law 101-165; 103 Stat. 1152) added par. (3).
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(c) \272\ Not more than $86,500 of the funds derived from
charges for administrative services pursuant to section
21(e)(1)(A) of this Act may be used each fiscal year for
official reception and representation expenses.
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\272\ This subsec. (c) was added by sec. 120(2) of Public Law 99-83
(99 Stat. 204). Sec. 1203 of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1427) raised the limit from $72,500
to $86,500.
A previous subsec. (c), 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.
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Sec. 44.\273\ Statutory Construction.--No provision of this
Act shall be construed as modifying in any way the provisions
of the Atomic Energy Act of 1954, as amended, or section 7307
of title 10 of the United States Code.
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\273\ 22 U.S.C. 2793.
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Sec. 45. Statutes Repealed and Amended.--(a) Sections 521,
522, 523, 524(b)(3), 525, 634(g), and 640 of the Foreign
Assistance Act of 1961, as amended, are hereby repealed.
(b) Part III of the Foreign Assistance Act of 1961, as
amended, is amended as follows:
(1) Section 622(b) is amended by striking out ``or
sales''.
(2) Section 622(c) is amended by striking out ``and
sales'' and ``or sales''.
(3) Section 632(d) is amended by striking out
``sections 506, 522, and 523,'' in the first sentence
and inserting in lieu thereof ``section 506''.
(4) Section 634(d) is amended by inserting ``or any
other'' between ``under this'' and ``Act'' in the
fourth sentence.
(5) Section 644(m) is amended by striking out ``and
sales'' in the first sentence of the paragraph
following numbered paragraph (3).
(c) References in law to the provisions of law repealed by
subsection (a) of this section shall hereafter be deemed to be
references to this Act or appropriate provisions of this Act.
Except for the laws specified in section 44, no other provision
of law shall be deemed to apply to this Act unless it refers
specifically to this Act or refers generally to sales of
defense articles and defense services under any Act.
Sec. 46.\274\ Savings Provisions.--Except as may be
expressly provided to the contrary in this Act, all
determinations, authorizations, regulations, orders, contracts,
agreements, and other actions issued, undertaken, or entered
into under authority of any provisions of law repealed by
section 45(a) shall continue in full force and effect until
modified by appropriate authority.
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\274\ 22 U.S.C. 2341 note.
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Sec. 47.\275\ Definitions.--For purposes of this Act, the
term--
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\275\ 22 U.S.C. 2794 note. Sec. 47 was added by sec. 25(12) of the
FA Act of 1973.
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(1) ``excess defense article'' has the meaning provided by
section 644(g) of the Foreign Assistance Act of 1961;
(2) ``value'' means, in the case of an excess defense
article, except as otherwise provided in sec. 21(a),\276\ not
less than the greater of--
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\276\ This reference to sec. 21(a) was added by sec. 102(b) of the
International Security and Development Cooperation Act of 1985 (Public
Law 99-83; 99 Stat 197).
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(A) the gross cost incurred by the United States
Government in repairing, rehabilitating, or modifying
such article, plus the scrap value; or
(B) the market value, if ascertainable;
(3) \277\ ``defense article'', except as provided in
paragraph (7) of this section, includes--
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\277\ Sec. 215 of the International Security Assistance and Arms
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 746) added
pars. (3), (4), (5), (6), and (7).
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(A) any weapon, weapons system, munition, aircraft,
vessel, boat, or other implement of war,
(B) any property, installation, commodity, material,
equipment, supply, or goods used for the purposes of
making military sales,
(C) any machinery, facility, tool, material, supply,
or other item necessary for the manufacture,
production, processing, repair, servicing, storage,
construction, transportation, operation, or use of any
article listed in this paragraph, and
(D) any component or part of any article listed in
this paragraph,
but does not include merchant vessels or (as defined by the
Atomic Energy Act of 1954) source material (except uranium
depleted in the isotope 235 which is incorporated in defense
articles solely to take advantage of high density or pyrophoric
characteristics unrelated to radioactivity),\278\ byproduct
material, special nuclear material, production facilities,
utilization facilities, or atomic weapons or articles involving
Restricted Data;
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\278\ 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).
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(4) \277\ ``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; \279\
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\279\ The words, ``but does not include design and construction
services under section 29 of this Act'' were added by sec. 105(f) of
the International Security and Development Cooperation Act of 1980
(Public Law 96-533; 94 Stat. 3135).
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(5) \277\ ``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) \277\ ``major defense equipment'' means any item of
significant military \280\ equipment on the United States
Munitions List having a nonrecurring research and development
cost of more than $50,000,000 or a total production cost of
more than $200,000,000;
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\280\ Sec. 1211 of the International Security and Development
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) inserted
``military'' in lieu of ``combat''.
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(7) \277\ ``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; \281\
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\281\ Sec. 144 of Public Law 104-164 (110 Stat. 1434) struck out
``and'' at the end of para. (7); struck out the period at the end of
para. (8) and inserted in lieu thereof ``; and''; and added a new para.
(9).
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(8) \282\ ``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; \281\
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\282\ Par. (8) was added by sec. 105(f) of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533; 94
Stat. 3135).
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(9) \281\ ``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;
(10) \283\ ``weapons of mass destruction'' has the meaning
provided by section 1403(1) of the Defense Against Weapons of
Mass Destruction Act of 1996 (title XIV of Public Law 104-201;
110 Stat. 2717; 50 U.S.C. 2302(1); and
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\283\ Sec. 1202(b) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1427) struck out ``and'' at the end of para.
(8); struck out a period at the end of para. (9) and inserted ``;
and''; and added para. (10).
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(11) \284\ ``Sales territory'' means a country or group of
countries to which a defense article or defense service is
authorized to be reexported.
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\284\ Sec. 1405(a)(4) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1458) struck out ``and'' at the end
of para. (9); struck out a period at the end of para. (10) and inserted
``; and''; and added para. (11).
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Chapter 5--SPECIAL DEFENSE ACQUISITION FUND \285\
Sec. 51.\286\ Special Defense Acquisition Fund.--(a)(1)
Under the direction of the President and in consultation with
the Secretary of State, the Secretary of Defense shall
establish a Special Defense Acquisition Fund (hereafter in this
chapter referred to as the ``Fund''), to be used as a revolving
fund separate from other accounts, under the control of the
Department of Defense, to finance the acquisition of defense
articles and defense service in anticipation of their transfer
pursuant to this Act, the Foreign Assistance Act of 1961, or as
otherwise authorized by law, to eligible foreign countries and
international organizations, and may acquire such articles and
services with the funds in the Fund as he may determine.
Acquisition under this chapter of items for which the initial
issue quantity requirements for United States Armed Forces have
not been fulfilled and are not under current procurement
contract shall be emphasized when compatible with security
assistance requirements for the transfer of such items.
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\285\ 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).
\286\ 22 U.S.C. 2795.
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(2) Nothing in this chapter may be construed to limit or
impair any responsibilities conferred upon the Secretary of
State or the Secretary of Defense under this Act or the Foreign
Assistance Act of 1961.
(3) \287\ The Fund may be used to keep on continuous order
such defense articles and defense services as are assigned by
the Department of Defense for integrated management by a single
agency thereof for the common use of all military departments
in anticipation of the transfer of similar defense articles and
defense services to foreign countries and international
organizations pursuant to this Act, the Foreign Assistance Act
of 1986, or other law.
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\287\ Sec. 121 (a) and (b) of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204),
added 51(a)(3) and amended sec. 51(b).
Sec. 114(c) of title 10 U.S.C., limited the size of the Special
Defense Acquisition Fund to $1,070,000,000.
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(4) \288\ The Fund shall also be used to acquire defense
articles that are particularly suited for use for narcotics
control purposes and are appropriate to the needs of recipient
countries, such as small boats, planes (including helicopters),
and communications equipment.
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\288\ Sec. 4 of the International Narcotics Control Act of 1989
(Public Law 101-231; 103 Stat. 1957) added par. (4). Sec. 145(b) of
Public Law 104-164 (110 Stat. 1434) struck out designation for subpara.
(A), and struck out subpara. (B), which had required that information
relating to acquisitions under this section be included in an annual
report to Congress.
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(b) \287\ 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.\289\ For purposes of this limitation, the size of
the Fund is the amounts in the Fund plus the value (in terms of
acquisition cost) of the defense articles acquired under this
chapter which have not been transferred from the Fund in
accordance with this chapter.
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\289\ Sec. 114(c) of title 10, U.S.C., was originally codified at
sec. 138(g) of title 10, U.S.C.. Sec. 138(g) of title 10, U.S.C., as
added by sec. 109(b) of Public Law 97-113 (95 Stat. 1524) and amended
by sec. 1103 of the DOD Authorization Act, 1983, (Public Law 97-252; 96
Stat. 738), provided that the Special Defense Acquisition Fund ``may
not exceed $300,000,000 in fiscal year 1982, may not exceed
$600,000,000 in fiscal year 1983, and may not exceed $900,000,000 in
fiscal year 1984 or any fiscal year thereafter.'' The DOD Authorization
Act, 1986, sec. 1403, (Public Law 99-145; 99 Stat. 743) changed the
amount of the program ceiling to $1,000,000,000. Sec. 1304(a) of the
DOD Authorization Act, 1987, (Public Law 99-661; 100 Stat. 3816)
increased the ceiling to $1,070,000,000. Public Law 99-433, the DOD
Reorganization Act of 1986, redesignated sec. 138(g) of title 10 as
sec. 114(c).
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(2) Amounts in the Fund shall be available for obligation
in any fiscal year only to such extent or in such amounts as
are provided in advance in appropriation Acts.\290\
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\290\ Title III of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108
Stat. 1622), as amended by sec. 536 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1998 (Public Law
105-118; 111 Stat. 2416), provided the following:
---------------------------------------------------------------------------
``special defense acquisition fund
---------------------------------------------------------------------------
``Notwithstanding any provision of Public Law 102-391 as amended by
Public Law 103-87, not to exceed $140,000,000 of the obligational
authority provided in that Act under the heading `Special Defense
Acquisition Fund' may be obligated pursuant to section 51(c)(2) of the
Arms Export Control Act.
``Not to exceed $20,000,000 may be obligated pursuant to section
51(c)(2) of the Arms Export Control Act for the purposes of closing the
Special Defense Acquisition Fund, to remain available for obligation
until September 30, 2000: Provided, That the authority provided in this
Act is not used to initiate new procurements.''.
Amounts provided for the Fund in recent years are as follows:
fiscal year 1982--$125,000,000; fiscal year 1983--$125,000,000; fiscal
year 1984--$225,000,000; fiscal year 1985--$325,000,000; fiscal year
1986--$325,000,000; fiscal year 1988--$236,835,000; fiscal year 1989--
$236,865,000 (available for obligation until September 30, 1991);
fiscal year 1990--$280,000,000 (available for obligation until
September 30, 1992--subject to conditions in Public Law 102-298);
fiscal year 1991--$350,000,000 (available for obligation until
September 30, 1993--subject to conditions in Public Law 102-298);
fiscal year 1992--$275,000,000 (available for obligation until
September 30, 1994--subject to 1% reduction pursuant to sec. 591 of
H.R. 2621 as passed by the House on June 19, 1991, and subject to
1.4781% reduction pursuant to sec. 126 of Public Law 102-145, as
amended); fiscal year 1993--$225,000,000 (available for obligation
until September 30, 1995); fiscal year 1994--$160,000,000.
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Sec. 52.\291\ Use and Transfer of Items Procured by the
Fund.--(a) No defense article or defense service acquired by
the Secretary of Defense under this chapter may be transferred
to any foreign country or international organization unless
such transfer is authorized by this Act, the Foreign Assistance
Act of 1961, or other law.
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\291\ 22 U.S.C. 2795a.
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(b) The President may authorize the temporary use by the
United States Armed Forces of defense articles and defense
services acquired under this chapter prior to their transfer to
a foreign country or international organization, if such is
necessary to meet national defense requirements and the United
States Armed Forces bear the costs of operation and maintenance
of such articles or services while in their use and the costs
of restoration or replacement upon the termination of such use.
(c) Except as provided in subsection (b) of this section,
the Fund may be used to pay for storage, maintenance, and other
costs related to the preservation and preparation for transfer
of defense articles and defense services acquired under this
chapter prior to their transfer, as well as the administrative
costs of the Department of Defense incurred in the acquisition
of such items to the extent not reimbursed pursuant to section
43(b) of this Act.
Sec. 53.\292\ * * * [Repealed--1996]
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\292\ Formerly at 22 U.S.C. 2795b. Sec. 145(a) of Public Law 104-
164 (110 Stat. 1434) repealed sec. 53, which had required the President
to file an annual comprehensive report on acquisitions of defense
articles and defense services under this chapter.
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Chapter 6--LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR
COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES \293\
Sec. 61.\294\ Leasing Authority.--(a) The President may
lease defense articles in the stocks of the Department of
Defense to an eligible foreign country or international
organization if--
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\293\ 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''.
\294\ 22 U.S.C. 2796.
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(1) he determines that there are compelling foreign
policy and national security reasons for providing such
articles on a lease basis rather than on a sales basis
under this Act;
(2) he determines that the articles are not for the
time needed for public use; \295\
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\295\ Sec. 731(e) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503), struck
out ``and'' at the end of para. (2); redesignated para. (3) as para.
(4); added a new para (3); and struck out ``paragraph (3)'' in lieu of
``paragraph (4)'' in the last two sentences of subsec. (a).
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(3) \295\ 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) \295\ 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--\296\
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\296\ Sec. 146 of Public Law 104-164 (110 Stat. 1434) struck out
``and the replacement cost (less any depreciation in the value) of the
articles if the articles are lost or destroyed while leased.'' and
inserted in lieu thereof ``and, if the articles are lost or destroyed
while leased--'' and subparas. (A) and (B).
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(A) in the event the United States intends to
replace the articles lost or destroyed, the
replacement cost (less any depreciation in the
value) of the articles; or
(B) in the event the United States does not
intend to replace the articles lost or
destroyed, an amount not less than the actual
value (less any depreciation in the value)
specified in the lease agreement.
The requirement of paragraph (4) \295\ shall not apply to
leases entered into for purposes of cooperative research or
development, military exercises, or communications or
electronics interface projects.\297\ 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.\298\
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\297\ 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).
\298\ Sec. 153(a)(2) of Public Law 104-164 (110 Stat. 1440) added
this sentence. Sec. 153(b) of that Act (22 U.S.C. 2796 note) further
provided: ``The third sentence of section 61(a) of the Arms Export
Control Act, as added by subsection (a)(2), shall apply only with
respect to a defense article leased on or after the date of the
enactment of this Act.''.
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\299\ The President may waive the requirement of paragraph
(4) \295\ with respect to a lease which is made in exchange
with the lessee for a lease on substantially reciprocal terms
of defense articles for the Department of Defense, except that
this waiver authority--
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\299\ The words from this point to the end of subsec. (a) were
added by sec. 147 of the Continuing Appropriations Act for Fiscal Year
1987 (Public Law 99-591; 100 Stat. 3341-354).
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(A) may be exercised only if the President submits to
the Committee on Foreign Affairs \300\ and the
Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate, in
accordance with the regular notification procedures of
those Committees, a detailed notification for each
lease with respect to which the authority is exercised;
and
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\300\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(B) may be exercised only during the current fiscal
year \301\ and only with respect to one country, unless
the Congress hereafter provides otherwise.
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\301\ 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''.
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The preceding sentence does not constitute authorization of
appropriations for payments by the United States for leased
articles.
(b)(1) Each lease agreement \302\ under this section shall
be for a fixed duration which may not exceed (A) five years,
and (B) a specified period of time required to complete major
refurbishment work of the leased articles to be performed prior
to the delivery of the leased articles,\303\ 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.
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\302\ Sec. 1233(1) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433) struck out ``(b) Each lease agreement''
and inserted in lieu thereof ``(b)(1) Each lease agreement''.
\303\ Sec. 1233(2) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433) struck out ``of not to exceed five years''
and inserted in lieu thereof ``which may not exceed (A) five years, and
(B) a specified period of time required to complete major refurbishment
work of the leased articles to be performed prior to the delivery of
the leased articles,''.
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(2) \304\ In this subsection, the term ``major
refurbishment work'' means work for which the period of
performance is 6 months or more.
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\304\ Sec. 1233(3) of the Security Assistance Act of 2002 (division
B of the Foreign Relations Authorization Act, Fiscal Year 2003; Public
Law 107-228; 116 Stat. 1433) added para. (2).
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(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.\305\ Reports to the Congress.--(a) Before \306\
entering into or renewing any agreement with a foreign country
or international organization to lease any defense article
under this chapter, or to loan any defense article under
chapter 2 of part II of the Foreign Assistance Act of 1961, for
a period of one year or longer, the President shall transmit to
the Speaker of the House of Representatives, and to the
chairman of the Committee on Foreign Relations of the Senate
and the chairman of the Committee on Armed Services of the
Senate, a written certification which specifies--
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\305\ 22 U.S.C. 2796a.
\306\ Sec. 141(e)(1)(A) of Public Law 104-164 (110 Stat. 1432)
struck out ``Not less than 30 days before'' and inserted in lieu
thereof ``Before''.
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(1) the country or international organization to
which the defense article is to be leased or loaned;
(2) the type, quantity, and value (in terms of
replacement cost) of the defense article to be leased
or loaned;
(3) the terms and duration of the lease or loan; and
(4) a justification for the lease or loan, including
an explanation of why the defense article is being
leased or loaned rather than sold under this Act.
(b) The President may waive the requirements of this
section (and in the case of an agreement described in section
63, may waive the provisions of that section) if he states in
his certification,\307\ 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.\308\
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\307\ 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''.
\308\ 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].''.
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(c) \309\ The certification required by subsection (a)
shall be transmitted)--
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\309\ Sec. 141(e)(1)(C) of Public Law 104-164 (110 Stat. 1433)
added subsec. (c).
Sec. 141(f) of Public Law 104-164 (110 Stat. 1433) provided that
``amendments made by this section [sec. 141] apply with respect to
certifications required to be submitted on or after the date of the
enactment of this Act [July 21, 1996].''.
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(1) not less than 15 calendar days before the
agreement is entered into or renewed in the case of an
agreement with the North Atlantic Treaty Organization,
any member country of that Organization or Australia,
Japan, or New Zealand; and
(2) not less than 30 calendar days before the
agreement is entered into or renewed in the case of an
agreement with any other organization or country.
Sec. 63.\310\ Legislative Review.--(a) \311\ (1) Subject to
paragraph (2), in the case of \312\ 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,\313\ enacts a
joint \314\ resolution prohibiting the proposed lease or loan.
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\310\ 22 U.S.C. 2796b.
\311\ 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.''.
\312\ Sec. 1405(a)(3)(A) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1457) struck out ``In the case of''
and inserted in lieu thereof ``(1) Subject to paragraph (2), in the
case of''.
\313\ 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].''.
\314\ Sec. (d) of Public Law 99-247 (100 Stat. 9) struck out
``concurrent'' and inserted ``joint''.
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(2) \315\ In the case of an agreement described in
paragraph (1) that is entered into with a member country of the
North Atlantic Treaty Organization (NATO) or Australia, Japan,
or New Zealand, the limitations in paragraph (1) shall apply
only if the agreement involves a lease or loan of--
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\315\ Sec. 1405(a)(3)(B) of the Security Assistance Act of 2002
(division B of the Foreign Relations Authorization Act, Fiscal Year
2003; Public Law 107-228; 116 Stat. 1458) added para. (2).
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(A) major defense equipment valued (in terms of its
replacement cost less any depreciation in its value) at
$25,000,000 or more; or
(B) defense articles valued (in terms of their
replacement cost less any depreciation in their value)
at $100,000,000 or more.
(b) Any joint \314\ 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 \314\ 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.\316\ Application of Other Provisions of Law.--Any
reference to sales of defense articles under this Act in any
provision of law restricting the countries or organizations to
which such sales may be made shall be deemed to include a
reference to leases of defense articles under this chapter.
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\316\ 22 U.S.C. 2796c.
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Sec. 65.\317\ 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.
---------------------------------------------------------------------------
\317\ 22 U.S.C. 2796d. Sec. 1003(a) of the National Defense
Authorization Act for Fiscal Year 1989 (Public Law 100-456; 102 Stat.
2038) added sec. 65.
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(2) Each loan or gift transaction entered into by the
Secretary under this section shall be provided for under the
terms of a written agreement between the Secretary and the
country concerned.
(3) A program of testing or evaluation for which the
Secretary may loan materials, supplies, or equipment under this
section includes a program of testing or evaluation conducted
solely for the purpose of standardization, interchangeability,
or technical evaluation if the country to which the materials,
supplies, or equipment are loaned agrees to provide the results
of the testing or evaluation to the United States without
charge.
(b) The materials, supplies, or equipment loaned to a
country under this section may be expended or otherwise
consumed in connection with any testing or evaluation program
without a requirement for reimbursement of the United States if
the Secretary--
(1) determines that the success of the research,
development, test, or evaluation depends upon expending
or otherwise consuming the materials, supplies, or
equipment loaned to the country; and
(2) approves of the expenditure or consumption of
such materials, supplies, or equipment.
(c) The Secretary of Defense may not loan to a country
under this section any material if the material is a strategic
and critical material and if, at the time the loan is to be
made, the quantity of the material in the National Defense
Stockpile (provided for under section 3 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98b)) is less
than the quantity of such material to be stockpiled, as
determined by the President under section 3(a) of such Act.
(d) For purposes of this section, the term ``NATO \318\
ally'' means a member country of the North Atlantic Treaty
Organization (other than the United States).\319\
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\318\ Sec. 147(a)(3)(B)(i) of Public Law 104-164 (110 Stat. 1435)
struck out ``or major non-NATO'' after ``NATO''.
\319\ Sec. 147(a)(3)(B)(ii) of Public Law 104-164 (110 Stat. 1435)
struck out ``or a foreign country other than a member nation of NATO
designated as a major non-NATO ally under section 2350a(i)(3) of title
10, United States Code'' after the parentheses. Previously, sec.
705(d)(2) of Public Law 102-25 (105 Stat. 120) struck out ``section
1105 of the National Defense Authorization Act for Fiscal Year 1987 (22
U.S.C. 2767a)'' and inserted in lieu thereof ``section 2350a(i)(3) of
title 10, United States Code''. Sec. 1105 of the National Defense
Authorization Act for Fiscal Year 1987 was repealed in 1989.
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CHAPTER 7--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY
\320\
Sec. 71.\321\ Licensing.--
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\320\ 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.
\321\ 22 U.S.C. 2797.
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(a) Establishment of List of Controlled Items.--The
Secretary of State, in consultation with the Secretary of
Defense \322\ and the heads of other appropriate departments
and agencies, shall establish and maintain, as part of the
United States Munitions List, a list of all items on the MTCR
Annex the export of which is not controlled under section 6(l)
of the Export Administration Act of 1979.
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\322\ 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).
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(b) Referral of License Applications.--(1) A determination of
the Secretary of State to approve a license for the export of
an item on the list established under subsection (a) may be
made only after the license application is referred to the
Secretary of Defense.\323\
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\323\ 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).
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(2) Within 10 days after a license is issued for the export
of an item on the list established under subsection (a), the
Secretary of State shall provide to the Secretary of Defense
and the Secretary of Commerce \324\ the license application and
accompanying documents issued to the applicant, to the extent
that the relevant Secretary \325\ indicates the need to receive
such application and documents.
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\324\ 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.
\325\ 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.
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(c) Information Sharing.--The Secretary of State shall
establish a procedure for sharing information with appropriate
officials of the intelligence community, as determined by the
Director of Central Intelligence,\326\ and with other
appropriate Government agencies, that will ensure effective
monitoring of transfers of MTCR equipment or technology and
other missile technology.
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\326\ 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.
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(d) \327\ Exports to Space Launch Vehicle Programs.--Within
15 days \328\ 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 \329\ a report
describing the licensed export and rationale for approving such
export, including the consistency of such export with United
States missile nonproliferation policy. The requirement
contained in the preceding sentence shall not apply to licenses
for exports to countries that were members of the MTCR as of
April 17, 1987.
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\327\ Sec. 735(c) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 506), added
subsec. (d).
\328\ 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,''.
\329\ 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.''.
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Sec. 72.\330\, \331\ Denial of the Transfer of
Missile Equipment or Technology by United States Persons.
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\330\ 22 U.S.C. 2797a.
\331\ 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:
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``(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.''.
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This Executive order superceded a memorandum of the President of
June 25, 1991, delegating authority regarding missile technology
proliferation (56 F.R. 31041; July 8, 1991).
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(a) Sanctions.--(1) If the President determines that a United
States person knowingly--
(A) exports, transfers, or otherwise engages in the
trade of any item on the MTCR Annex, in violation of
the provisions of section 38 of this Act, section 5 or
6 of the Export Administration Act of 1979 (50 U.S.C.
App. 2404, 2405), or any regulations or orders issued
under any such provisions,
(B) conspires to or attempts to engage in such
export, transfer, or trade, or
(C) facilitates such export, transfer, or trade by
any other person,
then the President shall impose the applicable sanctions
described in paragraph (2).
(2) The sanctions which apply to a United States person under
paragraph (1) are the following:
(A) If the item on the MTCR Annex involved in the
export, transfer, or trade is missile equipment or
technology within category II of the MTCR Annex, then
the President shall deny to such United States person
for a period of 2 years--
(i) United States Government contracts
relating to missile equipment or technology;
and
(ii) licenses for the transfer of missile
equipment or technology controlled under this
Act.
(B) If the item on the MTCR Annex involved in the
export, transfer, or trade is missile equipment or
technology within category I of the MTCR, then the
President shall deny to such United States person for a
period of not less than 2 years--
(i) all United States Government contracts,
and
(ii) all export licenses and agreements for
items on the United States Munitions List.
(b) Discretionary Sanctions.--In the case of any
determination made pursuant to subsection (a), the President
may pursue any penalty provided in section 38(c) of this Act.
(c) \332\ Presumption.--In determining whether to apply
sanctions under subsection (a) to a United States person
involved in the export, transfer, or trade of an item on the
MTCR Annex, it should be a rebuttable presumption that such
item is designed for use in a missile listed in the MTCR Annex
if the President determines that the final destination of the
item is a country the government of which the Secretary of
State has determined, for purposes of 6(j)(1)(A) of the Export
Administration Act of 1979, has repeatedly provided support for
acts of international terrorism.
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\332\ Sec. 734(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505),
redesignated subsec. (c) as subsec. (d), and added a new subsec. (c).
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(d) \332\ 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.\331\, \333\ Transfers of Missile
Equipment or Technology by Foreign Persons.
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\333\ 22 U.S.C. 2797b.
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(a) Sanctions.--(1) \334\ Subject to subsections (c) through
(g), if the President determines that a foreign person, after
the date of the enactment of this chapter, knowingly--
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\334\ On May 19, 2003, the State Department determined that
entities in Moldova had engaged in missile technology proliferation
activities in violation of this section (Department of State Public
Notice 4374; 68 F.R. 31740).
On August 20, 2002, the State Department determined that the terms
of sec. 73 had been violated, by concluded ``that publication of the
determination would be harmful to the national security of the United
States.'' (Department of State Public Notice 4107 of August 20, 2002;
67 F.R. 54693). A similar determination was issued on March 27, 2003
(Public Notice 4325; 68 F.R. 16113).
On August 16, 2002, the State Department determined that Changgwang
Sinyong Corporation of North Korea was in violation of this section
(Department of State Public Notice 4106; 67 F.R. 54693). On April 2,
2003, another determination was made against this entity (Public Notice
4326; 68 F.R. 16113).
See also the sec. 620H of the Foreign Assistance Act of 1961, this
volume; Iran Nonproliferation Act of 2000 (Public Law 106-178), Iran-
Iraq Arms Nonproliferation Act of 1992, in Legislation on Foreign
Relations Through 2002, vol. II. See also the Export Administration Act
of 1979, in Legislation on Foreign Relations Through 2000, vol. III.
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(A) exports, transfers, or otherwise engages in the
trade of any MTCR equipment or technology that
contributes to the acquisition,\335\ design,
development, or production of missiles in a country
that is not an MTCR adherent and would be, if it were
United States-origin equipment or technology, subject
to the jurisdiction of the United States under this
Act,
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\335\ Sec. 323(a) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 711),
inserted ``acquisition,''.
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(B) conspires to or attempts to engage in such
export, transfer, or trade, or
(C) facilitates such export, transfer, or trade by
any other person,
or if the President has made a determination with respect to a
foreign person under section 11B(b)(1) of the Export
Administration Act of 1979, then the President shall impose on
that foreign person the applicable sanctions under paragraph
(2).
(2) The sanctions which apply to a foreign person under
paragraph (1) are the following:
(A) \334\ 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) \336\ Inapplicability With Respect to MTCR Adherents.--
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\336\ 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).
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(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) \336\ 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.\337\
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\337\ 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''.
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(d) Advisory Opinions.--The Secretary of State, in
consultation with the Secretary of Defense and the Secretary of
Commerce,\338\ may, upon the request of any person, issue an
advisory opinion to that person as to whether a proposed
activity by that person would subject that person to sanctions
under this section. Any person who relies in good faith on such
an advisory opinion which states that the proposed activity
would not subject a person to such sanctions, and any person
who thereafter engages in such activity, may not be made
subject to such sanctions on account of such activity.
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\338\ 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.
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(e) Waiver and Report to Congress.--(1) In any case other
than one in which an advisory opinion has been issued under
subsection (d) stating that a proposed activity would not
subject a person to sanctions under this section, the President
may waive the application of subsection (a) to a foreign person
if the President determines that such waiver is essential to
the national security of the United States.
(2) In the event that the President decides to apply the
waiver described in paragraph (1), the President shall so
notify the Committee on Armed Services and the Committee on
Foreign Relations of the Senate and the Committee on National
Security and the Committee on International Relations of the
House of Representatives \339\ not less than 45 working days
\339\ before issuing the waiver. Such notification shall
include a report fully articulating the rationale and
circumstances which led the President to apply the waiver.
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\339\ 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.
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(f) \340\ Presumption.--In determining whether to apply
sanctions under subsection (a) to a foreign person involved in
the export, transfer, or trade of an item on the MTCR Annex, it
should be a rebuttable presumption that such item is designed
for use in a missile listed in the MTCR Annex if the President
determines that the final destination of the item is a country
the government of which the Secretary of State has determined,
for purposes of 6(j)(1)(A) of the Export Administration Act of
1979, has repeatedly provided support for acts of international
terrorism.
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\340\ Sec. 734(b) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505),
redesignated subsecs. (f) and (g) as subsecs. (g) and (h), and added a
new subsec. (f).
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(g) \340\ 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) \340\ 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.\341\ NOTIFICATION OF ADMITTANCE OF MTCR ADHERENTS.
(a) \342\ 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.
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\341\ 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).
\342\ 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).
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(b) \342\ 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.\343\ 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).
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\343\ 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.
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Sec. 74.\344\ Definitions.
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\344\ 22 U.S.C. 2797c.
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(a) \345\ In General.--For purposes of this chapter--
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\345\ 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).
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(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),\346\ the term ``person'' means--
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\346\ Popularly referred to as the Helms amendment. Sec. 323(b) of
the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
(Public Law 102-138; 105 Stat. 711), struck out ``countries where it
may be impossible to identify a specific governmental entity referred
to in subparagraph (A)'' and inserted in lieu thereof ``countries with
non-market economies (excluding former members of the Warsaw Pact)''.
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(i) all activities of that government
relating to the development or production of
any missile equipment or technology; and
(ii) all activities of that government
affecting the development or production of
electronics, space systems or equipment, and
military aircraft; \347\ and
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\347\ Sec. 323(c) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 711), struck
out ``aircraft, electronics, and space systems or equipment'' and
inserted in lieu thereof ``electronics, space systems or equipment, and
military aircraft''.
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(9) the term ``otherwise engaged in the trade of''
means, with respect to a particular export or transfer,
to be a freight forwarder or designated exporting
agent, or a consignee or end user of the item to be
exported or transferred.
(b) \345\ 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 \348\
SEC. 81.\349\, \350\ SANCTIONS AGAINST CERTAIN
FOREIGN PERSONS.
(a) Imposition of Sanctions.--
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\348\ 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.
\349\ 22 U.S.C. 2798.
\350\ 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:
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``(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.''
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On February 4, 2003, the Department of State determined that
entities of Indian origin had engaged in proliferation activities that
were in violation of sec. 81 of this Act and the Export Administration
Act (Department of State Public Notice 4280; 68 F.R. 8068).
On July 19, 2002, the Department of State determined that numerous
entities in China and one of Indian origin had engaged in proliferation
activities that were in violation of sec. 81 of this Act, the Export
Administration Act, and the Iran-Iraq Arms Nonproliferation Act of 1992
(Department of State Public Notice 4071; 67 F.R. 48696).
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(1) Determination by the president.--Except as
provided in subsection (b)(2), the President shall
impose both of the sanctions described in subsection
(c) if the President determines that a foreign person,
on or after the date of the enactment of this
section,\351\ has knowingly and materially
contributed--
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\351\ Sec. 309(a)(2) of Public Law 102-182 (105 Stat. 1258)
provides that ``the `date of the enactment of this section' * * * shall
be deemed to refer to the date of the enactment of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law
102-138)'', which was enacted on October 28, 1991.
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(A) through the export from the United States
of any goods or technology that are subject to
the jurisdiction of the United States,
(B) through the export from any other country
of any goods or technology that would be, if
they were United States goods or technology,
subject to the jurisdiction of the United
States, or
(C) through any other transaction not subject
to sanctions pursuant to the Export
Administration Act of 1979,
to the efforts by any foreign country, project, or
entity described in paragraph (2) to use, develop,
produce, stockpile, or otherwise acquire chemical or
biological weapons.
(2) Countries, projects, or entities receiving
assistance.--Paragraph (1) applies in the case of--
(A) any foreign country that the President
determines has, at any time after January 1,
1980--
(i) used chemical or biological
weapons in violation of international
law;
(ii) used lethal chemical or
biological weapons against its own
nationals; or
(iii) made substantial preparations
to engage in the activities described
in clause (i) or (ii);
(B) any foreign country whose government is
determined for purposes of section 6(j) of the
Export Administration Act of 1979 (50 U.S.C.
2405(j)) to be a government that has repeatedly
provided support for acts of international
terrorism; or
(C) any other foreign country, project, or
entity designated by the President for purposes
of this section.
(3) Persons against whom sanctions are to be
imposed.--Sanctions shall be imposed pursuant to
paragraph (1) on--
(A) the foreign person with respect to which
the President makes the determination described
in that paragraph;
(B) any successor entity to that foreign
person;
(C) any foreign person that is a parent or
subsidiary of that foreign person if that
parent or subsidiary knowingly assisted in the
activities which were the basis of that
determination; and
(D) any foreign person that is an affiliate
of that foreign person if that affiliate
knowingly assisted in the activities which were
the basis of that determination and if that
affiliate is controlled in fact by that foreign
person.
(b) Consultations With and Actions by Foreign Government of
Jurisdiction.--
(1) Consultations.--If the President makes the
determinations described in subsection (a)(1) with
respect to a foreign person, the Congress urges the
President to initiate consultations immediately with
the government with primary jurisdiction over that
foreign person with respect to the imposition of
sanctions pursuant to this section.
(2) Actions by government of jurisdiction.--In order
to pursue such consultations with that government, the
President may delay imposition of sanctions pursuant to
this section for a period of up to 90 days. Following
these consultations, the President shall impose
sanctions unless the President determines and certifies
to the Congress that that government has taken specific
and effective actions, including appropriate penalties,
to terminate the involvement of the foreign person in
the activities described in subsection (a)(1). The
President may delay imposition of sanctions for an
additional period of up to 90 days if the President
determines and certifies to the Congress that that
government is in the process of taking the actions
described in the preceding sentence.
(3) Report to congress.--The President shall report
to the Congress, not later than 90 days after making a
determination under subsection (a)(1), on the status of
consultations with the appropriate government under
this subsection, and the basis for any determination
under paragraph (2) of this subsection that such
government has taken specific corrective actions.
(c) Sanctions.--
(1) Description of sanctions.--The sanctions to be
imposed pursuant to subsection (a)(1) are, except as
provided in paragraph (2) of this subsection, the
following:
(A) Procurement sanction.--The United States
Government shall not procure, or enter into any
contract for the procurement of, any goods or
services from any person described in
subsection (a)(3).
(B) Import sanctions.--The importation into
the United States of products produced by any
person described in subsection (a)(3) shall be
prohibited.
(2) Exceptions.--The President shall not be required
to apply or maintain sanctions under this section--
(A) in the case of procurement of defense
articles or defense services--
(i) under existing contracts or
subcontracts, including the exercise of
options for production quantities to
satisfy United States operational
military requirements;
(ii) if the President determines that
the person or other entity to which the
sanctions would otherwise be applied is
a sole source supplier of the defense
articles or services, that the defense
articles or services are essential, and
that alternative sources are not
readily or reasonably available; or
(iii) if the President determines
that such articles or services are
essential to the national security
under defense coproduction agreements;
(B) to products or services provided under
contracts entered into before the date on which
the President publishes his intention to impose
sanctions;
(C) to--
(i) spare parts,
(ii) component parts, but not
finished products, essential to United
States products or production, or
(iii) routine servicing and
maintenance of products, to the extent
that alternative sources are not
readily or reasonably available;
(D) to information and technology essential
to United States products or production; or
(E) to medical or other humanitarian items.
(d) Termination of Sanctions.--The sanctions imposed pursuant
to this section shall apply for a period of at least 12 months
following the imposition of sanctions and shall cease to apply
thereafter only if the President determines and certifies to
the Congress that reliable information indicates that the
foreign person with respect to which the determination was made
under subsection (a)(1) has ceased to aid or abet any foreign
government, project, or entity in its efforts to acquire
chemical or biological weapons capability as described in that
subsection.
(e) Waiver.--
(1) Criterion for waiver.--The President may waive
the application of any sanction imposed on any person
pursuant to this section, after the end of the 12-month
period beginning on the date on which that sanction was
imposed on that person, if the President determines and
certifies to the Congress that such waiver is important
to the national security interests of the United
States.
(2) Notification of and report to congress.--If the
President decides to exercise the waiver authority
provided in paragraph (1), the President shall so
notify the Congress not less than 20 days before the
waiver takes effect. Such notification shall include a
report fully articulating the rationale and
circumstances which led the President to exercise the
waiver authority.
(f) Definition of Foreign Person.--For the purposes of this
section, the term ``foreign person'' means--
(1) an individual who is not a citizen of the United
States or an alien admitted for permanent residence to
the United States; or
(2) a corporation, partnership, or other entity which
is created or organized under the laws of a foreign
country or which has its principal place of business
outside the United States.
CHAPTER 9--TRANSFER OF CERTAIN CFE TREATY-LIMITED EQUIPMENT TO NATO
MEMBERS \352\
SEC. 91.\353\ PURPOSE.
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\352\ 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.
\353\ 22 U.S.C. 2799.
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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.\354\ CFE TREATY OBLIGATIONS.
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\354\ 22 U.S.C. 2799a.
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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.\355\ AUTHORITIES.
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\355\ 22 U.S.C. 2799b.
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(a) \356\ General Authority.--The President may transfer to
any NATO/CFE country, in accordance with NATO plans, defense
articles--
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\356\ 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).
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(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) \356\ 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.\356\, \357\ NOTIFICATIONS AND REPORTS TO CONGRESS.
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\357\ 22 U.S.C. 2799c.
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(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
\358\ 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.
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\358\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(b) Annual Reports.--Not later than February 1 each year,
the President shall submit to the Committee on Foreign Affairs
\358\ and the Committee on Armed Services \359\ of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Armed Services of the Senate a report that--
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\359\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives.
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(1) 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 \360\ in implementing the CFE
Treaty.
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\360\ 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''.
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SEC. 95.\361\ DEFINITIONS.
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\361\ 22 U.S.C. 2799d.
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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'' \362\ 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.\363\
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\362\ 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''.
\363\ Sec. 402(2)(B) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) inserted ``or a successor state to such a country''.
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CHAPTER 10--NUCLEAR NONPROLIFERATION CONTROLS \364\
SEC. 101.\365\ 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--
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\364\ 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.
\365\ 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.
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(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.\364\, \366\ 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--
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\366\ 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.
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(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) \367\ 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--
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\367\ 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).
The President extended the waiver on September 30, 1999
(Presidential Determination No. 99-44; 64 F.R. 54503).
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, as
amended, provided the following:
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``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.
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``(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.
The application of these requirements shall be subject to the dollar
amount thresholds specified in that section.
``(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 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).
On September 22, 2001, the President lifted all nuclear test-
related sanctions against India and Pakistan, under the authority
granted him in the Defense Appropriations Act, FY 2000 (Presidential
Determination No. 2001-28; 66 F.R. 50095).
On October 27, 2001, the President signed Public Law 107-57 (115
Stat. 403), authorizing the waiver of remaining sanctions imposed
against Pakistan for debt arrearage and the military overthrow of its
democratically elected government. This authority remains available
through fiscal year 2003.
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(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),\368\
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\368\ 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.''.
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(ii) to medicines, medical equipment, and
\369\ humanitarian assistance, or \368\
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\369\ 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.''.
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(iii) \368\ 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.\370\
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\370\ 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.''.
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(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 \371\ 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.
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\371\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
that references to the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives.
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(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.\364\, \372\ 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.
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\372\ 22 U.S.C. 2799aa-2.
c. Microenterprise Report to Congress
Partial text of Public Law 108-31 [H.R. 192], 117 Stat. 775, approved
June 17, 2003
AN ACT To amend the Microenterprise for Self-Reliance Act of 2000 and
the Foreign Assistance Act of 1961 to increase assistance for the
poorest people in developing countries under microenterprise assistance
programs under those Acts, 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. AMENDMENTS TO THE MICROENTERPRISE FOR SELF-RELIANCE ACT OF
2000. * * * \1\
---------------------------------------------------------------------------
\1\ Sec. 1 amendments have been incorporated into the
Microenterprise for Self-Reliance Act of 2000; see Legislation on
Foreign Relations Through 2002, vol. I-B.
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SEC. 2. AMENDMENTS TO THE MICRO- AND SMALL ENTERPRISE DEVELOPMENT
CREDITS PROGRAM UNDER THE FOREIGN ASSISTANCE ACT OF
1961. * * * \2\
---------------------------------------------------------------------------
\2\ Secs. 2 and 3 amendments have been incorporated into the
Foreign Assistance Act of 1961.
---------------------------------------------------------------------------
SEC. 3. AMENDMENTS TO THE MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE
PROGRAM UNDER THE FOREIGN ASSISTANCE ACT OF 1961. *
* * \2\
SEC. 4. REPORT TO CONGRESS.
(a) In General.--Not later than September 30, 2005, the
Administrator of the United States Agency for International
Development shall submit to Congress a report that documents
the process of developing and applying poverty assessment
procedures with its partners.
(b) Reports for Fiscal Year 2006 and Beyond.--Beginning
with fiscal year 2006, the Administrator of the United States
Agency for International Development shall annually submit to
Congress on a timely basis a report that addresses the United
States Agency for International Development's compliance with
the Microenterprise for Self-Reliance Act of 2000 by
documenting--
(1) the percentage of its resources that were
allocated to the very poor (as defined in paragraph (5)
of section 131(f) of the Foreign Assistance Act of 1961
(22 U.S.C. 2152a(f)(5))) based on the data collected
from its partners using the certified methods; and
(2) the absolute number of the very poor reached.
d. United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003
Public Law 108-25 [H.R. 1298], 117 Stat. 711, approved May 27, 2003
AN ACT To provide assistance to foreign countries to combat HIV/AIDS,
tuberculosis, and malaria, 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 ``United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003''.
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\1\ 22 U.S.C. 7601 note.
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(b) Table of Contents.--The table of contents for this Act
is as follows:
Page
Sec. 1. Short title; table of contents............................ 504
Sec. 2. Findings.................................................. 505
Sec. 3. Definitions............................................... 510
Sec. 4. Purpose................................................... 511
Sec. 5. Authority to consolidate and combine reports.............. 511
TITLE I--POLICY PLANNING AND COORDINATION
Sec. 101. Development of a comprehensive, five-year, global
strategy...................................................... 511
Sec. 102. HIV/AIDS Response Coordinator........................... 515
TITLE II--SUPPORT FOR MULTILATERAL FUNDS, PROGRAMS, AND PUBLIC-PRIVATE
PARTNERSHIPS
Sec. 201. Sense of Congress on public-private partnerships........ 515
Sec. 202. Participation in the Global Fund to Fight AIDS,
Tuberculosis and Malaria...................................... 516
Sec. 203. Voluntary contributions to international vaccine funds.. 520
TITLE III--BILATERAL EFFORTS
Subtitle A--General Assistance and Programs
Sec. 301. Assistance to combat HIV/AIDS........................... 520
Sec. 302. Assistance to combat tuberculosis....................... 522
Sec. 303. Assistance to combat malaria............................ 522
Sec. 304. Pilot program for the placement of health care
professionals in overseas areas severely affected by HIV/AIDS,
tuberculosis, and malaria..................................... 523
Sec. 305. Report on treatment activities by relevant executive
branch agencies............................................... 524
Sec. 306. Strategies to improve injection safety.................. 525
Sec. 307. Study on illegal diversions of prescription drugs....... 525
Subtitle B--Assistance for Children and Families
Sec. 311. Findings................................................ 526
Sec. 312. Policy and requirements................................. 527
Sec. 313. Annual reports on prevention of mother-to-child
transmission of the HIV infection............................. 527
Sec. 314. Pilot program of assistance for children and families
affected by HIV/AIDS.......................................... 528
Sec. 315. Pilot program on family survival partnerships........... 529
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations......................... 531
Sec. 402. Sense of Congress....................................... 531
Sec. 403. Allocation of funds..................................... 532
Sec. 404. Assistance from the United States private sector to
prevent and reduce HIV/AIDS in sub-Saharan Africa............. 532
TITLE V--INTERNATIONAL FINANCIAL INSTITUTIONS
Sec. 501. Modification of the Enhanced HIPC Initiative............ 533
Sec. 502. Report on expansion of debt relief to non-HIPC countries 535
Sec. 503. Authorization of appropriations......................... 535
SEC. 2.\2\ FINDINGS.
Congress makes the following findings:
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\2\ 22 U.S.C. 7601.
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(1) During the last 20 years, HIV/AIDS has assumed
pandemic proportions, spreading from the most severely
affected regions, sub-Saharan Africa and the Caribbean,
to all corners of the world, and leaving an
unprecedented path of death and devastation.
(2) According to the Joint United Nations Programme
on HIV/AIDS (UNAIDS), more than 65,000,000 individuals
worldwide have been infected with HIV since the
epidemic began, more than 25,000,000 of these
individuals have lost their lives to the disease, and
more than 14,000,000 children have been orphaned by the
disease. HIV/AIDS is the fourth-highest cause of death
in the world.
(3)(A) At the end of 2002, an estimated 42,000,000
individuals were infected with HIV or living with AIDS,
of which more than 75 percent live in Africa or the
Caribbean. Of these individuals, more than 3,200,000
were children under the age of 15 and more than
19,200,000 were women.
(B) Women are four times more vulnerable to infection
than are men and are becoming infected at increasingly
high rates, in part because many societies do not
provide poor women and young girls with the social,
legal, and cultural protections against high risk
activities that expose them to HIV/AIDS.
(C) Women and children who are refugees or are
internally displaced persons are especially vulnerable
to sexual exploitation and violence, thereby increasing
the possibility of HIV infection.
(4) As the leading cause of death in sub-Saharan
Africa, AIDS has killed more than 19,400,000
individuals (more than 3 times the number of AIDS
deaths in the rest of the world) and will claim the
lives of one-quarter of the population, mostly adults,
in the next decade.
(5) An estimated 2,000,000 individuals in Latin
America and the Caribbean and another 7,100,000
individuals in Asia and the Pacific region are infected
with HIV or living with AIDS. Infection rates are
rising alarmingly in Eastern Europe (especially in the
Russian Federation), Central Asia, and China.
(6) HIV/AIDS threatens personal security by affecting
the health, lifespan, and productive capacity of the
individual and the social cohesion and economic well-
being of the family.
(7) HIV/AIDS undermines the economic security of a
country and individual businesses in that country by
weakening the productivity and longevity of the labor
force across a broad array of economic sectors and by
reducing the potential for economic growth over the
long term.
(8) HIV/AIDS destabilizes communities by striking at
the most mobile and educated members of society, many
of whom are responsible for security at the local level
and governance at the national and subnational levels
as well as many teachers, health care personnel, and
other community workers vital to community development
and the effort to combat HIV/AIDS. In some countries
the overwhelming challenges of the HIV/AIDS epidemic
are accelerating the outward migration of critically
important health care professionals.
(9) HIV/AIDS weakens the defenses of countries
severely affected by the HIV/AIDS crisis through high
infection rates among members of their military forces
and voluntary peacekeeping personnel. According to
UNAIDS, in sub-Saharan Africa, many military forces
have infection rates as much as five times that of the
civilian population.
(10) HIV/AIDS poses a serious security issue for the
international community by--
(A) increasing the potential for political
instability and economic devastation,
particularly in those countries and regions
most severely affected by the disease;
(B) decreasing the capacity to resolve
conflicts through the introduction of
peacekeeping forces because the environments
into which these forces are introduced pose a
high risk for the spread of HIV/AIDS; and
(C) increasing the vulnerability of local
populations to HIV/AIDS in conflict zones from
peacekeeping troops with HIV infection rates
significantly higher than civilian populations.
(11) The devastation wrought by the HIV/AIDS pandemic
is compounded by the prevalence of tuberculosis and
malaria, particularly in developing countries where the
poorest and most vulnerable members of society,
including women, children, and those individuals living
with HIV/AIDS, become infected. According to the World
Health Organization (WHO), HIV/AIDS, tuberculosis, and
malaria accounted for more than 5,700,000 deaths in
2001 and caused debilitating illnesses in millions
more.
(12) Together, HIV/AIDS, tuberculosis, malaria and
related diseases are undermining agricultural
production throughout Africa. According to the United
Nations Food and Agricultural Organization, 7,000,000
agricultural workers throughout 25 African countries
have died from AIDS since 1985. Countries with poorly
developed agricultural systems, which already face
chronic food shortages, are the hardest hit,
particularly in sub-Saharan Africa, where high HIV
prevalence rates are compounding the risk of starvation
for an estimated 14,400,000 people.
(13) Tuberculosis is the cause of death for one out
of every three people with AIDS worldwide and is a
highly communicable disease. HIV infection is the
leading threat to tuberculosis control. Because HIV
infection so severely weakens the immune system,
individuals with HIV and latent tuberculosis infection
have a 100 times greater risk of developing active
tuberculosis diseases thereby increasing the risk of
spreading tuberculosis to others. Tuberculosis, in
turn, accelerates the onset of AIDS in individuals
infected with HIV.
(14) Malaria, the most deadly of all tropical
parasitic diseases, has been undergoing a dramatic
resurgence in recent years due to increasing resistance
of the malaria parasite to inexpensive and effective
drugs. At the same time, increasing resistance of
mosquitoes to standard insecticides makes control of
transmission difficult to achieve. The World Health
Organization estimates that between 300,000,000 and
500,000,000 new cases of malaria occur each year, and
annual deaths from the disease number between 2,000,000
and 3,000,000. Persons infected with HIV are
particularly vulnerable to the malaria parasite. The
spread of HIV infection contributes to the difficulties
of controlling resurgence of the drug resistant malaria
parasite.
(15) HIV/AIDS is first and foremost a health problem.
Successful strategies to stem the spread of the HIV/
AIDS pandemic will require clinical medical
interventions, the strengthening of health care
delivery systems and infrastructure, and determined
national leadership and increased budgetary allocations
for the health sector in countries affected by the
epidemic as well as measures to address the social and
behavioral causes of the problem and its impact on
families, communities, and societal sectors.
(16) Basic interventions to prevent new HIV
infections and to bring care and treatment to people
living with AIDS, such as voluntary counseling and
testing and mother-to-child transmission programs, are
achieving meaningful results and are cost-effective.
The challenge is to expand these interventions from a
pilot program basis to a national basis in a coherent
and sustainable manner.
(17) Appropriate treatment of individuals with HIV/
AIDS can prolong the lives of such individuals,
preserve their families, prevent children from becoming
orphans, and increase productivity of such individuals
by allowing them to lead active lives and reduce the
need for costly hospitalization for treatment of
opportunistic infections caused by HIV.
(18) Nongovernmental organizations, including faith-
based organizations, with experience in health care and
HIV/AIDS counseling, have proven effective in combating
the HIV/AIDS pandemic and can be a resource in
assisting indigenous organizations in severely affected
countries in their efforts to provide treatment and
care for individuals infected with HIV/AIDS.
(19) Faith-based organizations are making an
important contribution to HIV prevention and AIDS
treatment programs around the world. Successful HIV
prevention programs in Uganda, Jamaica, and elsewhere
have included local churches and faith-based groups in
efforts to promote behavior changes to prevent HIV, to
reduce stigma associated with HIV infection, to treat
those afflicted with the disease, and to care for
orphans. The Catholic Church alone currently cares for
one in four people being treated for AIDS worldwide.
Faith-based organizations possess infrastructure,
experience, and knowledge that will be needed to carry
out these programs in the future and should be an
integral part of United States efforts.
(20)(A) Uganda has experienced the most significant
decline in HIV rates of any country in Africa,
including a decrease among pregnant women from 20.6
percent in 1991 to 7.9 percent in 2000.
(B) Uganda made this remarkable turnaround because
President Yoweri Museveni spoke out early, breaking
long-standing cultural taboos, and changed widespread
perceptions about the disease. His leadership stands as
a model for ways political leaders in Africa and other
developing countries can mobilize their nations,
including civic organizations, professional
associations, religious institutions, business and
labor to combat HIV/AIDS.
(C) Uganda's successful AIDS treatment and prevention
program is referred to as the ABC model: ``Abstain, Be
faithful, use Condoms'', in order of priority. Jamaica,
Zambia, Ethiopia and Senegal have also successfully
used the ABC model. Beginning in 1986, Uganda brought
about a fundamental change in sexual behavior by
developing a low-cost program with the message: ``Stop
having multiple partners. Be faithful. Teenagers, wait
until you are married before you begin sex.''.
(D) By 1995, 95 percent of Ugandans were reporting
either one or zero sexual partners in the past year,
and the proportion of sexually active youth declined
significantly from the late 1980s to the mid-1990s. The
greatest percentage decline in HIV infections and the
greatest degree of behavioral change occurred in those
15 to 19 years old. Uganda's success shows that
behavior change, through the use of the ABC model, is a
very successful way to prevent the spread of HIV.
(21) The magnitude and scope of the HIV/AIDS crisis
demands a comprehensive, long-term, international
response focused upon addressing the causes, reducing
the spread, and ameliorating the consequences of the
HIV/AIDS pandemic, including--
(A) prevention and education, care and
treatment, basic and applied research, and
training of health care workers, particularly
at the community and provincial levels, and
other community workers and leaders needed to
cope with the range of consequences of the HIV/
AIDS crisis;
(B) development of health care infrastructure
and delivery systems through cooperative and
coordinated public efforts and public and
private partnerships;
(C) development and implementation of
national and community-based multisector
strategies that address the impact of HIV/AIDS
on the individual, family, community, and
nation and increase the participation of at-
risk populations in programs designed to
encourage behavioral and social change and
reduce the stigma associated with HIV/AIDS; and
(D) coordination of efforts between
international organizations such as the Global
Fund to Fight AIDS, Tuberculosis and Malaria,
the Joint United Nations Programme on HIV/AIDS
(UNAIDS), the World Health Organization (WHO),
national governments, and private sector
organizations, including faith-based
organizations.
(22) The United States has the capacity to lead and
enhance the effectiveness of the international
community's response by--
(A) providing substantial financial
resources, technical expertise, and training,
particularly of health care personnel and
community workers and leaders;
(B) promoting vaccine and microbicide
research and the development of new treatment
protocols in the public and commercial
pharmaceutical research sectors;
(C) making available pharmaceuticals and
diagnostics for HIV/AIDS therapy;
(D) encouraging governments and faith-based
and community-based organizations to adopt
policies that treat HIV/AIDS as a multisectoral
public health problem affecting not only health
but other areas such as agriculture, education,
the economy, the family and society, and
assisting them to develop and implement
programs corresponding to these needs;
(E) promoting healthy lifestyles, including
abstinence, delaying sexual debut, monogamy,
marriage, faithfulness, use of condoms, and
avoiding substance abuse; and
(F) encouraging active involvement of the
private sector, including businesses,
pharmaceutical and biotechnology companies, the
medical and scientific communities, charitable
foundations, private and voluntary
organizations and nongovernmental
organizations, faith-based organizations,
community-based organizations, and other
nonprofit entities.
(23) Prostitution and other sexual victimization are
degrading to women and children and it should be the
policy of the United States to eradicate such
practices. The sex industry, the trafficking of
individuals into such industry, and sexual violence are
additional causes of and factors in the spread of the
HIV/AIDS epidemic. One in nine South Africans is living
with AIDS, and sexual assault is rampant, at a
victimization rate of one in three women. Meanwhile in
Cambodia, as many as 40 percent of prostitutes are
infected with HIV and the country has the highest rate
of increase of HIV infection in all of Southeast Asia.
Victims of coercive sexual encounters do not get to
make choices about their sexual activities.
(24) Strong coordination must exist among the various
agencies of the United States to ensure effective and
efficient use of financial and technical resources
within the United States Government with respect to the
provision of international HIV/AIDS assistance.
(25) In his address to Congress on January 28, 2003,
the President announced the Administration's intention
to embark on a five-year emergency plan for AIDS
relief, to confront HIV/AIDS with the goals of
preventing 7,000,000 new HIV/AIDS infections, treating
at least 2,000,000 people with life-extending drugs,
and providing humane care for millions of people
suffering from HIV/AIDS, and for children orphaned by
HIV/AIDS.
(26) In this address to Congress, the President
stated the following: ``Today, on the continent of
Africa, nearly 30,000,000 people have the AIDS virus--
including 3,000,000 children under the age of 15. There
are whole countries in Africa where more than one-third
of the adult population carries the infection. More
than 4,000,000 require immediate drug treatment. Yet
across that continent, only 50,000 AIDS victims--only
50,000--are receiving the medicine they need.''.
(27) Furthermore, the President focused on care and
treatment of HIV/AIDS in his address to Congress,
stating the following: ``Because the AIDS diagnosis is
considered a death sentence, many do not seek
treatment. Almost all who do are turned away. A doctor
in rural South Africa describes his frustration. He
says, `We have no medicines. Many hospitals tell
people, you've got AIDS, we can't help you. Go home and
die.' In an age of miraculous medicines, no person
should have to hear those words. AIDS can be prevented.
Anti-retroviral drugs can extend life for many years *
* * Ladies and gentlemen, seldom has history offered a
greater opportunity to do so much for so many.''.
(28) Finally, the President stated that ``[w]e have
confronted, and will continue to confront, HIV/AIDS in
our own country'', proposing now that the United States
should lead the world in sparing innocent people from a
plague of nature, and asking Congress ``to commit
$15,000,000,000 over the next five years, including
nearly $10,000,000,000 in new money, to turn the tide
against AIDS in the most afflicted nations of Africa
and the Caribbean''.
SEC. 3.\3\ DEFINITIONS.
In this Act:
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\3\ 22 U.S.C. 7602.
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(1) AIDS.--The term ``AIDS'' means the acquired
immune deficiency syndrome.
(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) Global fund.--The term ``Global Fund'' means the
public-private partnership known as the Global Fund to
Fight AIDS, Tuberculosis and Malaria established
pursuant to Article 80 of the Swiss Civil Code.
(4) HIV.--The term ``HIV'' means the human
immunodeficiency virus, the pathogen that 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.
(6) Relevant executive branch agencies.--The term
``relevant executive branch agencies'' means the
Department of State, the United States Agency for
International Development, and any other department or
agency of the United States that participates in
international HIV/AIDS activities pursuant to the
authorities of such department or agency or the Foreign
Assistance Act of 1961.
SEC. 4.\4\ PURPOSE.
The purpose of this Act is to strengthen United States
leadership and the effectiveness of the United States response
to certain global infectious diseases by--
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\4\ 22 U.S.C. 7603.
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(1) establishing a comprehensive, integrated five-
year, global strategy to fight HIV/AIDS that
encompasses a plan for phased expansion of critical
programs and improved coordination among relevant
executive branch agencies and between the United States
and foreign governments and international
organizations;
(2) providing increased resources for multilateral
efforts to fight HIV/AIDS;
(3) providing increased resources for United States
bilateral efforts, particularly for technical
assistance and training, to combat HIV/AIDS,
tuberculosis, and malaria;
(4) encouraging the expansion of private sector
efforts and expanding public-private sector
partnerships to combat HIV/AIDS; and
(5) intensifying efforts to support the development
of vaccines and treatment for HIV/AIDS, tuberculosis,
and malaria.
SEC. 5.\5\ AUTHORITY TO CONSOLIDATE AND COMBINE REPORTS.
With respect to the reports required by this Act to be
submitted by the President, to ensure an efficient use of
resources, the President may, in his discretion and
notwithstanding any other provision of this Act, consolidate or
combine any of these reports, except for the report required by
section 101 of this Act, so long as the required elements of
each report are addressed and reported within a 90-day period
from the original deadline date for submission of the report
specified in this Act. The President may also enter into
contracts with organizations with relevant expertise to
develop, originate, or contribute to any of the reports
required by this Act to be submitted by the President.
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\5\ 22 U.S.C. 7604.
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TITLE I--POLICY PLANNING AND COORDINATION
SEC. 101.\6\ DEVELOPMENT OF A COMPREHENSIVE, FIVE-YEAR, GLOBAL
STRATEGY.
(a) Strategy.--The President shall establish a
comprehensive, integrated, five-year strategy to combat global
HIV/AIDS that strengthens the capacity of the United States to
be an effective leader of the international campaign against
HIV/AIDS. Such strategy shall maintain sufficient flexibility
and remain responsive to the ever-changing nature of the HIV/
AIDS pandemic and shall--
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\6\ 22 U.S.C. 7611.
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(1) include specific objectives, multisectoral
approaches, and specific strategies to treat
individuals infected with HIV/AIDS and to prevent the
further spread of HIV infections, with a particular
focus on the needs of families with children (including
the prevention of mother-to-child transmission), women,
young people, and children (such as unaccompanied minor
children and orphans);
(2) as part of the strategy, implement a tiered
approach to direct delivery of care and treatment
through a system based on central facilities augmented
by expanding circles of local delivery of care and
treatment through local systems and capacity;
(3) assign priorities for relevant executive branch
agencies;
(4) provide that the reduction of HIV/AIDS behavioral
risks shall be a priority of all prevention efforts in
terms of funding, educational messages, and activities
by promoting abstinence from sexual activity and
substance abuse, encouraging monogamy and faithfulness,
promoting the effective use of condoms, and eradicating
prostitution, the sex trade, rape, sexual assault and
sexual exploitation of women and children;
(5) improve coordination and reduce duplication among
relevant executive branch agencies, foreign
governments, and international organizations;
(6) project general levels of resources needed to
achieve the stated objectives;
(7) expand public-private partnerships and the
leveraging of resources;
(8) maximize United States capabilities in the areas
of technical assistance and training and research,
including vaccine research;
(9) establish priorities for the distribution of
resources based on factors such as the size and
demographics of the population with HIV/AIDS,
tuberculosis, and malaria and the needs of that
population and the existing infrastructure or funding
levels that may exist to cure, treat, and prevent HIV/
AIDS, tuberculosis, and malaria; and
(10) include initiatives describing how the President
will maximize the leverage of private sector dollars in
reduction and treatment of HIV/AIDS, tuberculosis, and
malaria.
(b) Report.--
(1) In general.--Not later than 270 days after the
date of enactment of this Act, the President shall
submit to the appropriate congressional committees a
report setting forth the strategy described in
subsection (a).
(2) Report contents.--The report required by
paragraph (1) shall include a discussion of the
elements described in paragraph (3) and may include a
discussion of additional elements relevant to the
strategy described in subsection (a). Such discussion
may include an explanation as to why a particular
element described in paragraph (3) is not relevant to
such strategy.
(3) Report elements.--The elements referred to in
paragraph (2) are the following:
(A) The objectives, general and specific, of
the strategy.
(B) A description of the criteria for
determining success of the strategy.
(C) A description of the manner in which the
strategy will address the fundamental elements
of prevention and education, care, and
treatment (including increasing access to
pharmaceuticals and to vaccines), the promotion
of abstinence, monogamy, avoidance of substance
abuse, and use of condoms, research (including
incentives for vaccine development and new
protocols), training of health care workers,
the development of health care infrastructure
and delivery systems, and avoidance of
substance abuse.
(D) A description of the manner in which the
strategy will promote the development and
implementation of national and community-based
multisectoral strategies and programs,
including those designed to enhance leadership
capacity particularly at the community level.
(E) A description of the specific strategies
developed to meet the unique needs of women,
including the empowerment of women in
interpersonal situations, young people and
children, including those orphaned by HIV/AIDS
and those who are victims of the sex trade,
rape, sexual abuse, assault, and exploitation.
(F) A description of the specific strategies
developed to encourage men to be responsible in
their sexual behavior, child rearing and to
respect women including the reduction of sexual
violence and coercion.
(G) A description of the specific strategies
developed to increase women's access to
employment opportunities, income, productive
resources, and microfinance programs.
(H) A description of the programs to be
undertaken to maximize United States
contributions in the areas of technical
assistance, training (particularly of health
care workers and community-based leaders in
affected sectors), and research, including the
promotion of research on vaccines and
microbicides.
(I) An identification of the relevant
executive branch agencies that will be involved
and the assignment of priorities to those
agencies.
(J) A description of the role of each
relevant executive branch agency and the types
of programs that the agency will be
undertaking.
(K) A description of the mechanisms that will
be utilized to coordinate the efforts of the
relevant executive branch agencies, to avoid
duplication of efforts, to enhance on-site
coordination efforts, and to ensure that each
agency undertakes programs primarily in those
areas where the agency has the greatest
expertise, technical capabilities, and
potential for success.
(L) A description of the mechanisms that will
be utilized to ensure greater coordination
between the United States and foreign
governments and international organizations
including the Global Fund, UNAIDS,
international financial institutions, and
private sector organizations.
(M) The level of resources that will be
needed on an annual basis and the manner in
which those resources would generally be
allocated among the relevant executive branch
agencies.
(N) A description of the mechanisms to be
established for monitoring and evaluating
programs, promoting successful models, and for
terminating unsuccessful programs.
(O) A description of the manner in which
private, nongovernmental entities will factor
into the United States Government-led effort
and a description of the type of partnerships
that will be created to maximize the
capabilities of these private sector entities
and to leverage resources.
(P) A description of the ways in which United
States leadership will be used to enhance the
overall international response to the HIV/AIDS
pandemic and particularly to heighten the
engagement of the member states of the G-8 and
to strengthen key financial and coordination
mechanisms such as the Global Fund and UNAIDS.
(Q) A description of the manner in which the
United States strategy for combating HIV/AIDS
relates to and supports other United States
assistance strategies in developing countries.
(R) A description of the programs to be
carried out under the strategy that are
specifically targeted at women and girls to
educate them about the spread of HIV/AIDS.
(S) A description of efforts being made to
address the unique needs of families with
children with respect to HIV/AIDS, including
efforts to preserve the family unit.
(T) An analysis of the emigration of
critically important medical and public health
personnel, including physicians, nurses, and
supervisors from sub-Saharan African countries
that are acutely impacted by HIV/AIDS,
including a description of the causes, effects,
and the impact on the stability of health
infrastructures, as well as a summary of
incentives and programs that the United States
could provide, in concert with other private
and public sector partners and international
organizations, to stabilize health institutions
by encouraging critical personnel to remain in
their home countries.
(U) A description of the specific strategies
developed to promote sustainability of HIV/AIDS
pharmaceuticals (including antiretrovirals) and
the effects of drug resistance on HIV/AIDS
patients.
(V) A description of the specific strategies
to ensure that the extraordinary benefit of
HIV/AIDS pharmaceuticals (especially
antiretrovirals) are not diminished through the
illegal counterfeiting of pharmaceuticals and
black market sales of such pharmaceuticals.
(W) An analysis of the prevalence of Human
Papilloma Virus (HPV) in sub-Saharan Africa and
the impact that condom usage has upon the
spread of HPV in sub-Saharan Africa.
(c) Study; Distribution of Resources.--
(1) Study.--Not later than 3 years after the date of
the enactment of this Act, the Institute of Medicine
shall publish findings comparing the success rates of
the various programs and methods used under the
strategy described in subsection (a) to reduce,
prevent, and treat HIV/AIDS, tuberculosis, and malaria.
(2) Distribution of resources.-- In prioritizing the
distribution of resources under the strategy described
in subsection (a), the President shall consider the
findings published by the Institute of Medicine under
this subsection.
SEC. 102.\7\ HIV/AIDS RESPONSE COORDINATOR.
(a) Establishment of Position.--Section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 265(a)) is
amended--* * * \8\
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\7\ 22 U.S.C. 7612.
\8\ For the State Department Basic Authorities Act of 1956, see
Legislation on Foreign Relations Through 2002, vol. II.
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(b) Resources.--Not later than 90 days after the date of
enactment of this Act, the President shall specify the
necessary financial and personnel resources, from funds
appropriated pursuant to the authorization of appropriations
under section 401 for HIV/AIDS assistance, that shall be
assigned to and under the direct control of the Coordinator of
United States Government Activities to Combat HIV/AIDS Globally
to establish and maintain the duties and supporting activities
assigned to the Coordinator by this Act and the amendments made
by this Act.
(c) Establishment of Separate Account.--There is
established in the general fund of the Treasury a separate
account which shall be known as the ``Activities to Combat HIV/
AIDS Globally Fund'' and which shall be administered by the
Coordinator of United States Government Activities to Combat
HIV/AIDS Globally. There shall be deposited into the Fund all
amounts appropriated pursuant to the authorization of
appropriations under section 401 for HIV/AIDS assistance,
except for amounts appropriated for United States contributions
to the Global Fund.
TITLE II--SUPPORT FOR MULTILATERAL FUNDS, PROGRAMS, AND PUBLIC-PRIVATE
PARTNERSHIPS
SEC. 201.\9\ SENSE OF CONGRESS ON PUBLIC-PRIVATE PARTNERSHIPS.
(a) Findings.--Congress makes the following findings:
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\9\ 22 U.S.C. 7621.
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(1) Innovative partnerships between governments and
organizations in the private sector (including
foundations, universities, corporations, faith-based
and community-based organizations, and other
nongovernmental organizations) have proliferated in
recent years, particularly in the area of health.
(2) Public-private sector partnerships multiply local
and international capacities to strengthen the delivery
of health services in developing countries and to
accelerate research for vaccines and other
pharmaceutical products that are essential to combat
infectious diseases decimating the populations of these
countries.
(3) These partnerships maximize the unique
capabilities of each sector while combining financial
and other resources, scientific knowledge, and
expertise toward common goals which neither the public
nor the private sector can achieve alone.
(4) Sustaining existing public-private partnerships
and building new ones are critical to the success of
the international community's efforts to combat HIV/
AIDS and other infectious diseases around the globe.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the sustainment and promotion of public-private
partnerships should be a priority element of the
strategy pursued by the United States to combat the
HIV/AIDS pandemic and other global health crises; and
(2) the United States should systematically track the
evolution of these partnerships and work with others in
the public and private sector to profile and build upon
those models that are most effective.
SEC. 202.\10\ PARTICIPATION IN THE GLOBAL FUND TO FIGHT AIDS,
TUBERCULOSIS AND MALARIA.
(a) Findings.--The Congress finds as follows:
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\10\ 22 U.S.C. 7622.
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(1) The establishment of the Global Fund in January
2002 is consistent with the general principles for an
international AIDS trust fund first outlined by the
Congress in the Global AIDS and Tuberculosis Relief Act
of 2000 (Public Law 106-264).
(2) Section 2, Article 5 of the bylaws of the Global
Fund provides for the International Bank for
Reconstruction and Development to serve as the initial
collection trustee for the Global Fund.
(3) The trustee agreement signed between the Global
Fund and the International Bank for Reconstruction and
Development narrows the range of duties to include
receiving and investing funds from donors, disbursing
the funds upon the instruction of the Global Fund,
reporting on trust fund resources to donors and the
Global Fund, and providing an annual external audit
report to the Global Fund.
(b) Authority for United States Participation.--
(1) United states participation.--The United States
is hereby authorized to participate in the Global Fund.
(2) Privileges and immunities.--The Global Fund shall
be considered a public international organization for
purposes of section 1 of the International
Organizations Immunities Act (22 U.S.C. 288).
(c) Reports to Congress.--Not later than 1 year after the
date of the enactment of this Act, and annually thereafter for
the duration of the Global Fund, the President shall submit to
the appropriate congressional committees a report on the Global
Fund, including contributions pledged to, contributions
(including donations from the private sector) received by, and
projects funded by the Global Fund, and the mechanisms
established for transparency and accountability in the grant-
making process.
(d) United States Financial Participation.--
(1) Authorization of appropriations.--In addition to
any other funds authorized to be appropriated for
bilateral or multilateral HIV/AIDS, tuberculosis, or
malaria programs, of the amounts authorized to be
appropriated under section 401, there are authorized to
be appropriated to the President up to $1,000,000,000
for the period of fiscal year 2004 beginning on January
1, 2004, and such sums as may be necessary for the
fiscal years 2005-2008, for contributions to the Global
Fund.
(2) Availability of funds.--Amounts appropriated
under paragraph (1) are authorized to remain available
until expended.
(3) Reprogramming of fiscal year 2001 funds.--Funds
made available for fiscal year 2001 under section 141
of the Global AIDS and Tuberculosis Relief Act of
2000--
(A) are authorized to remain available until
expended; and
(B) shall be transferred to, merged with, and
made available for the same purposes as, funds
made available for fiscal years 2004 through
2008 under paragraph (1).
(4) Limitation.--
(A)(i) At any time during fiscal years 2004
through 2008, no United States contribution to
the Global Fund may cause the total amount of
United States Government contributions to the
Global Fund to exceed 33 percent of the total
amount of funds contributed to the Global Fund
from all sources. Contributions to the Global
Fund from the International Bank for
Reconstruction and Development and the
International Monetary Fund shall not be
considered in determining compliance with this
paragraph.
(ii) If, at any time during any of the fiscal
years 2004 through 2008, the President
determines that the Global Fund has provided
assistance to a country, the government of
which the Secretary of State has determined,
for purposes of section 6(j)(1) of the Export
Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)), has repeatedly provided support
for acts of international terrorism, then the
United States shall withhold from its
contribution for the next fiscal year an amount
equal to the amount expended by the Fund to the
government of each such country.
(iii) If at any time the President determines
that the expenses of the Governing,
Administrative, and Advisory Bodies (including
the Partnership Forum, the Foundation Board,
the Secretariat, and the Technical Review
Board) of the Global Fund exceed 10 percent of
the total expenditures of the Fund for any 2-
year period, the United States shall withhold
from its contribution for the next fiscal year
an amount equal the to the average annual
amount expended by the Fund for such 2-year
period for the expenses of the Governing,
Administrative, and Advisory Bodies in excess
of 10 percent of the total expenditures of the
Fund.
(iv) The President may waive the application
of clause (iii) if the President determines
that extraordinary circumstances warrant such a
waiver. No waiver under this clause may be for
any period that exceeds 1 year.
(v) If, at any time during any of the fiscal
years 2004 through 2008, the President
determines that the salary of any individual
employed by the Global Fund exceeds the salary
of the Vice President of the United States (as
determined under section 104 of title 3, United
States Code) for that fiscal year, then the
United States shall withhold from its
contribution for the next fiscal year an amount
equal to the aggregate amount by which the
salary of each such individual exceeds the
salary of the Vice President of the United
States.
(B)(i) Any amount made available under this
subsection that is withheld by reason of
subparagraph (A)(i) shall be contributed to the
Global Fund as soon as practicable, subject to
subparagraph (A)(i), after additional
contributions to the Global Fund are made from
other sources.
(ii) Any amount made available under this
subsection that is withheld by reason of
subparagraph (A)(iii) shall be transferred to
the Activities to Combat HIV/AIDS Globally Fund
and shall remain available under the same terms
and conditions as funds appropriated pursuant
to the authorization of appropriations under
section 401 for HIV/AIDS assistance.
(iii) Any amount made available under this
subsection that is withheld by reason of clause
(ii) or (iii) of subparagraph (A) is authorized
to be made available to carry out section 104A
of the Foreign Assistance Act of 1961 (as added
by section 301 of this Act). Amounts made
available under the preceding sentence are in
addition to amounts appropriated pursuant to
the authorization of appropriations under
section 401 of this Act for HIV/AIDS
assistance.
(C)(i) The President may suspend the
application of subparagraph (A) with respect to
a fiscal year if the President determines that
an international health emergency threatens the
national security interests of the United
States.
(ii) The President shall notify the Committee
on International Relations of the House of
Representatives and the Committee on Foreign
Relations of the Senate not less than 5 days
before making a determination under clause (i)
with respect to the application of subparagraph
(A)(i) and shall include in the notification--
(I) a justification as to why
increased United States Government
contributions to the Global Fund is
preferable to increased United States
assistance to combat HIV/AIDS,
tuberculosis, and malaria on a
bilateral basis; and
(II) an explanation as to why other
government donors to the Global Fund
are unable to provide adequate
contributions to the Fund.
(e) Interagency Technical Review Panel.--
(1) Establishment.--The Coordinator of United States
Government Activities to Combat HIV/AIDS Globally,
established in section 1(f)(1) of the State Department
Basic Authorities Act of 1956 (as added by section
102(a) of this Act), shall establish in the executive
branch an interagency technical review panel.
(2) Duties.--The interagency technical review panel
shall serve as a ``shadow'' panel to the Global Fund
by--
(A) periodically reviewing all proposals
received by the Global Fund; and
(B) providing guidance to the United States
persons who are representatives on the panels,
committees, and boards of the Global Fund, on
the technical efficacy, suitability, and
appropriateness of the proposals, and ensuring
that such persons are fully informed of
technical inadequacies or other aspects of the
proposals that are inconsistent with the
purposes of this or any other Act relating to
the provision of foreign assistance in the area
of AIDS.
(3) Membership.--The interagency technical review
panel shall consist of qualified medical and
development experts who are officers or employees of
the Department of Health and Human Services, the
Department of State, and the United States Agency for
International Development.
(4) Chair.--The Coordinator referred to in paragraph
(1) shall chair the interagency technical review panel.
(f) Monitoring by Comptroller General.--
(1) Monitoring.--The Comptroller General shall
monitor and evaluate projects funded by the Global
Fund.
(2) Report.--The Comptroller General shall on a
biennial basis shall prepare and submit to the
appropriate congressional committees a report that
contains the results of the monitoring and evaluation
described in paragraph (1) for the preceding 2-year
period.
(g) Provision of Information to Congress.--The Coordinator
of United States Government Activities to Combat HIV/AIDS
Globally shall make available to the Congress the following
documents within 30 days of a request by the Congress for such
documents:
(1) All financial and accounting statements for the
Global Fund and the Activities to Combat HIV/AIDS
Globally Fund, including administrative and grantee
statements.
(2) Reports provided to the Global Fund and the
Activities to Combat HIV/AIDS Globally Fund by
organizations contracted to audit recipients of funds.
(3) Project proposals submitted by applicants for
funding from the Global Fund and the Activities to
Combat HIV/AIDS Globally Fund, but which were not
funded.
(4) Progress reports submitted to the Global Fund and
the Activities to Combat HIV/AIDS Globally Fund by
grantees.
(h) Sense of the Congress Regarding Encouragement of
Private Contributions to the Global Fund.--It is the sense of
the Congress that the President should--
(1) conduct an outreach campaign that is designed
to--
(A) inform the public of the existence of--
(i) the Global Fund; and
(ii) any entity that will accept
private contributions intended for use
by the Global Fund; and
(B) encourage private contributions to the
Global Fund; and
(2) encourage private contributions intended for use
by the Global Fund by--
(A) establishing and operating an Internet
website, and publishing information about the
website; and
(B) making public service announcements on
radio and television.
SEC. 203. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL VACCINE FUNDS.
(a) Vaccine Fund.--Section 302(k) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2222(k)) is amended--* * *
TITLE III--BILATERAL EFFORTS
Subtitle A--General Assistance and Programs
SEC. 301.\11\ ASSISTANCE TO COMBAT HIV/AIDS.
(a) Amendment of the Foreign Assistance Act of 1961.--
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended--
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\11\ 22 U.S.C. 7631.
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(1) in section 104(c) (22 U.S.C. 2151b(c)), by
striking paragraphs (4) through (7); and
(2) by inserting after section 104 the following new
section:
``SEC. 104A. ASSISTANCE TO COMBAT HIV/AIDS. * * *''
(b) Authorization of Appropriations.--
(1) In general.--In addition to funds available under
section 104(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151b(c)) for such purpose or under any
other provision of that Act, there are authorized to be
appropriated to the President, from amounts authorized
to be appropriated under section 401, such sums as may
be necessary for each of the fiscal years 2004 through
2008 to carry out section 104A of the Foreign
Assistance Act of 1961, as added by subsection (a).
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
(3) Allocation of funds.--Of the amount authorized to
be appropriated by paragraph (1) for the fiscal years
2004 through 2008, such sums as may be necessary are
authorized to be appropriated to carry out section
104A(d)(4) of the Foreign Assistance Act of 1961 (as
added by subsection (a)), relating to the procurement
and distribution of HIV/AIDS pharmaceuticals.
(c) Relationship to Assistance Programs to Enhance
Nutrition.--In recognition of the fact that malnutrition may
hasten the progression of HIV to AIDS and may exacerbate the
decline among AIDS patients leading to a shorter life span, the
Administrator of the United States Agency for International
Development shall, as appropriate--
(1) integrate nutrition programs with HIV/AIDS
activities, generally;
(2) provide, as a component of an anti-retroviral
therapy program, support for food and nutrition to
individuals infected with and affected by HIV/AIDS; and
(3) provide support for food and nutrition for
children affected by HIV/AIDS and to communities and
households caring for children affected by HIV/AIDS.
(d) Eligibility for Assistance.--An organization that is
otherwise eligible to receive assistance under section 104A of
the Foreign Assistance Act of 1961 (as added by subsection (a))
or under any other provision of this Act (or any amendment made
by this Act) to prevent, treat, or monitor HIV/AIDS shall not
be required, as a condition of receiving the assistance, to
endorse or utilize a multisectoral approach to combatting HIV/
AIDS, or to endorse, utilize, or participate in a prevention
method or treatment program to which the organization has a
religious or moral objection.
(e) Limitation.--No funds made available to carry out this
Act, or any amendment made by this Act, may be used to promote
or advocate the legalization or practice of prostitution or sex
trafficking. Nothing in the preceding sentence shall be
construed to preclude the provision to individuals of
palliative care, treatment, or post-exposure pharmaceutical
prophylaxis, and necessary pharmaceuticals and commodities,
including test kits, condoms, and, when proven effective,
microbicides.
(f) Limitation.--No funds made available to carry out this
Act, or any amendment made by this Act, may be used to provide
assistance to any group or organization that does not have a
policy explicitly opposing prostitution and sex trafficking.
(g) Sense of Congress Relating to Food Assistance for
Individuals Living with HIV/AIDS.--
(1) Findings.--Congress finds the following:
(A) The United States provides more than 60
percent of all food assistance worldwide.
(B) According to the United Nations World
Food Program and other United Nations agencies,
food insecurity of individuals infected or
living with HIV/AIDS is a major problem in
countries with large populations of such
individuals, particularly in African countries.
(C) Although the United States is willing to
provide food assistance to these countries in
need, a few of the countries object to part or
all of the assistance because of fears of
benign genetic modifications to the foods.
(D) Healthy and nutritious foods for
individuals infected or living with HIV/AIDS
are an important complement to HIV/AIDS
medicines for such individuals.
(E) Individuals infected with HIV have higher
nutritional requirements than individuals who
are not infected with HIV, particularly with
respect to the need for protein. Also, there is
evidence to suggest that the full benefit of
therapy to treat HIV/AIDS may not be achieved
in individuals who are malnourished,
particularly in pregnant and lactating women.
(2) Sense of Congress.--It is therefore the sense of
Congress that United States food assistance should be
accepted by countries with large populations of
individuals infected or living with HIV/AIDS,
particularly African countries, in order to help feed
such individuals.
SEC. 302. ASSISTANCE TO COMBAT TUBERCULOSIS.
(a) Amendment of the Foreign Assistance Act of 1961.--
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), as amended by section 301 of this Act, is
further amended by inserting after section 104A the following
new section:
``SEC. 104B. ASSISTANCE TO COMBAT TUBERCULOSIS. * * *''
(b) \12\ Authorization of Appropriations.--
---------------------------------------------------------------------------
\12\ 22 U.S.C. 7632.
---------------------------------------------------------------------------
(1) In general.--In addition to funds available under
section 104(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151b(c)) for such purpose or under any
other provision of that Act, there are authorized to be
appropriated to the President, from amounts authorized
to be appropriated under section 401, such sums as may
be necessary for each of the fiscal years 2004 through
2008 to carry out section 104B of the Foreign
Assistance Act of 1961, as added by subsection (a).
(2) Availability of funds.--Amounts appropriated
pursuant to the authorization of appropriations under
paragraph (1) are authorized to remain available until
expended.
(3) Transfer of prior year funds.--Unobligated
balances of funds made available for fiscal year 2001,
2002, or 2003 under section 104(c)(7) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(c)(7) (as in
effect immediately before the date of enactment of this
Act) shall be transferred to, merged with, and made
available for the same purposes as funds made available
for fiscal years 2004 through 2008 under paragraph (1).
SEC. 303. ASSISTANCE TO COMBAT MALARIA.
(a) Amendment of the Foreign Assistance Act of 1961.--
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.), as amended by sections 301 and 302 of
this Act, is further amended by inserting after section 104B
the following new section:
``SEC. 104C. ASSISTANCE TO COMBAT MALARIA. * * *''
(b) Authorization of Appropriations.--
(1) In general.--In addition to funds available under
section 104(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151b(c)) for such purpose or under any
other provision of that Act, there are authorized to be
appropriated to the President, from amounts authorized
to be appropriated under section 401, such sums as may
be necessary for fiscal years 2004 through 2008 to
carry out section 104C of the Foreign Assistance Act of
1961, as added by subsection (a), including for the
development of anti-malarial pharmaceuticals by
theMedicines for Malaria Venture.
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
(3) Transfer of prior year funds.--Unobligated
balances of funds made available for fiscal year 2001,
2002, or 2003 under section 104(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(c) (as in
effect immediately before the date of enactment of this
Act) and made available for the control of malaria
shall be transferred to, merged with, and made
available for the same purposes as funds made available
for fiscal years 2004 through 2008 under paragraph (1).
(c) Conforming Amendment.--Section 104(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(c)), as amended by
section 301 of this Act, is further amended by adding after
paragraph (3) the following: * * *
SEC. 304.\13\ PILOT PROGRAM FOR THE PLACEMENT OF HEALTH CARE
PROFESSIONALS IN OVERSEAS AREAS SEVERELY AFFECTED
BY HIV/AIDS, TUBERCULOSIS, AND MALARIA.
(a) In General.--The President should establish a program
to demonstrate the feasibility of facilitating the service of
United States health care professionals in those areas of sub-
Saharan Africa and other parts of the world severely affected
by HIV/AIDS, tuberculosis, and malaria.
---------------------------------------------------------------------------
\13\ 22 U.S.C. 7634.
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(b) Requirements.--Participants in the program shall--
(1) provide basic health care services for those
infected and affected by HIV/AIDS, tuberculosis, and
malaria in the area in which they are serving;
(2) provide on-the-job training to medical and other
personnel in the area in which they are serving to
strengthen the basic health care system of the affected
countries;
(3) provide health care educational training for
residents of the area in which they are serving;
(4) serve for a period of up to 3 years; and
(5) meet the eligibility requirements in subsection
(d).
(c) Eligibility Requirements.--To be eligible to
participate in the program, a candidate shall--
(1) be a national of the United States who is a
trained health care professional and who meets the
educational and licensure requirements necessary to be
such a professional such as a physician, nurse,
physician assistant, nurse practitioner, pharmacist,
other type of health care professional, or other
individual determined to be appropriate by the
President; or
(2) be a retired commissioned officer of the Public
Health Service Corps.
(d) Recruitment.--The President shall ensure that
information on the program is widely distributed, including the
distribution of information to schools for health
professionals, hospitals, clinics, and nongovernmental
organizations working in the areas of international health and
aid.
(e) Placement of Participants.--
(1) In general.--To the maximum extent practicable,
participants in the program shall serve in the poorest
areas of the affected countries, where health care
needs are likely to be the greatest. The decision on
the placement of a participant should be made in
consultation with relevant officials of the affected
country at both the national and local level as well as
with local community leaders and organizations.
(2) Coordination.--Placement of participants in the
program shall be coordinated with the United States
Agency for International Development in countries in
which that Agency is conducting HIV/AIDS, tuberculosis,
or malaria programs. Overall coordination of placement
of participants in the program shall be made by the
Coordinator of United States Government Activities to
Combat HIV/AIDS Globally (as described in section 1(f)
of the State Department Basic Authorities Act of 1956
(as added by section 102(a) of this Act)).
(f) Incentives.--The President may offer such incentives as
the President determines to be necessary to encourage
individuals to participate in the program, such as partial
payment of principal, interest, and related expenses on
government and commercial loans for educational expenses
relating to professional health training and, where possible,
deferment of repayments on such loans, the provision of
retirement benefits that would otherwise be jeopardized by
participation in the program, and other incentives.
(g) Report.--Not later than 18 months after the date of
enactment of this Act, the President shall submit to the
appropriate congressional committees a report on steps taken to
establish the program, including--
(1) the process of recruitment, including the venues
for recruitment, the number of candidates recruited,
the incentives offered, if any, and the cost of those
incentives;
(2) the process, including the criteria used, for the
selection of participants;
(3) the number of participants placed, the countries
in which they were placed, and why those countries were
selected; and
(4) the potential for expansion of the program.
(h) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise
available for such purpose, there are authorized to be
appropriated to the President, from amounts authorized
to be appropriated under section 401, such sums as may
be necessary for each of the fiscal years 2004 through
2008 to carry out the program.
(2) Availability of funds.--Amounts appropriated
pursuant to the authorization of appropriations under
paragraph (1) are authorized to remain available until
expended.
SEC. 305.\14\ REPORT ON TREATMENT ACTIVITIES BY RELEVANT EXECUTIVE
BRANCH AGENCIES.
(a) In General.--Not later than 15 months after the date of
enactment of this Act, the President shall submit to
appropriate congressional committees a report on the programs
and activities of the relevant executive branch agencies that
are directed to the treatment of individuals in foreign
countries infected with HIV or living with AIDS.
---------------------------------------------------------------------------
\14\ 22 U.S.C. 7635.
---------------------------------------------------------------------------
(b) Report Elements.--The report shall include--
(1) a description of the activities of relevant
executive branch agencies with respect to--
(A) the treatment of opportunistic
infections;
(B) the use of antiretrovirals;
(C) the status of research into successful
treatment protocols for individuals in the
developing world;
(D) technical assistance and training of
local health care workers (in countries
affected by the pandemic) to administer
antiretrovirals, manage side effects, and
monitor patients' viral loads and immune
status;
(E) the status of strategies to promote
sustainability of HIV/AIDS pharmaceuticals
(including antiretrovirals) and the effects of
drug resistance on HIV/AIDS patients; and
(F) the status of appropriate law enforcement
officials working to ensure that HIV/AIDS
pharmaceutical treatment is not diminished
through illegal counterfeiting and black market
sales of such pharmaceuticals;
(2) information on existing pilot projects, including
a discussion of why a given population was selected,
the number of people treated, the cost of treatment,
the mechanisms established to ensure that treatment is
being administered effectively and safely, and plans
for scaling up pilot projects (including projected
timelines and required resources); and
(3) an explanation of how those activities relate to
efforts to prevent the transmission of the HIV
infection.
SEC. 306. STRATEGIES TO IMPROVE INJECTION SAFETY.
Section 307 of the Public Health Service Act (42 U.S.C.
242l) is amended by adding at the end the following:
``(d) In carrying out immunization programs and other
programs in developing countries for the prevention, treatment,
and control of infectious diseases, including HIV/AIDS,
tuberculosis, and malaria, the Director of the Centers for
Disease Control and Prevention, in coordination with the
Coordinator of United States Government Activities to Combat
HIV/AIDS Globally, the National Institutes of Health, national
and local government, and other organizations, such as the
World Health Organization and the United Nations Children's
Fund, shall develop and implement effective strategies to
improve injection safety, including eliminating unnecessary
injections, promoting sterile injection practices and
technologies, strengthening the procedures for proper needle
and syringe disposal, and improving the education and
information provided to the public and to health
professionals.''.
SEC. 307.\15\ STUDY ON ILLEGAL DIVERSIONS OF PRESCRIPTION DRUGS.
Not later than 180 days after enactment of this Act, the
Secretary of Health and Human Services, in coordination with
other agencies, shall submit a report to the Congress that
includes the following:
---------------------------------------------------------------------------
\15\ 22 U.S.C. 7636.
---------------------------------------------------------------------------
(1) A thorough accounting of evidence indicating
illegal diversion into the United States of
prescription drugs donated or sold for humanitarian
efforts, and an estimate of the extent of such
diversion.
(2) Recommendations to increase the administrative
and enforcement powers of the United States to
identify, monitor, and prevent the illegal diversion
into the United States of prescription drugs donated or
sold for humanitarian efforts.
(3) Recommendations and guidelines to advise and
provide technical assistance to developing countries on
how to implement a program that minimizes diversion
into the United States of prescription drugs donated or
sold for humanitarian efforts.
Subtitle B--Assistance for Children and Families
SEC. 311.\16\ FINDINGS.
Congress makes the following findings:
---------------------------------------------------------------------------
\16\ 22 U.S.C. 7651.
---------------------------------------------------------------------------
(1) Approximately 2,000 children around the world are
infected each day with HIV through mother-to-child
transmission. Transmission can occur during pregnancy,
labor, and delivery or through breast feeding. Over 90
percent of these cases are in developing nations with
little or no access to public health facilities.
(2) Mother-to-child transmission is largely
preventable with the proper application of
pharmaceuticals, therapies, and other public health
interventions.
(3) Certain antiretroviral drugs reduce mother-to-
child transmission by nearly 50 percent. Universal
availability of this drug could prevent up to 400,000
infections per year and dramatically reduce the number
of AIDS-related deaths.
(4) At the United Nations Special Session on HIV/AIDS
in June 2001, the United States committed to the
specific goals with respect to the prevention of
mother-to-child transmission, including the goals of
reducing the proportion of infants infected with HIV by
20 percent by the year 2005 and by 50 percent by the
year 2010, as specified in the Declaration of
Commitment on HIV/AIDS adopted by the United Nations
General Assembly at the Special Session.
(5) Several United States Government agencies
including the United States Agency for International
Development and the Centers for Disease Control are
already supporting programs to prevent mother-to-child
transmission in resource-poor nations and have the
capacity to expand these programs rapidly by working
closely with foreign governments and nongovernmental
organizations.
(6) Efforts to prevent mother-to-child transmission
can provide the basis for a broader response that
includes care and treatment of mothers, fathers, and
other family members who are infected with HIV or
living with AIDS.
(7) HIV/AIDS has devastated the lives of countless
children and families across the globe. Since the
epidemic began, an estimated 13,200,000 children under
the age of 15 have been orphaned by AIDS, that is they
have lost their mother or both parents to the disease.
The Joint United Nations Program on HIV/AIDS (UNAIDS)
estimates that this number will double by the year
2010.
(8) HIV/AIDS also targets young people between the
ages of 15 to 24, particularly young women, many of
whom carry the burden of caring for family members
living with HIV/AIDS. An estimated 10,300,000 young
people are now living with HIV/AIDS. One-half of all
new infections are occurring among this age group.
SEC. 312.\17\ POLICY AND REQUIREMENTS.
(a) Policy.--The United States Government's response to the
global HIV/AIDS pandemic should place high priority on the
prevention of mother-to-child transmission, the care and
treatment of family members and caregivers, and the care of
children orphaned by AIDS. To the maximum extent possible, the
United States Government should seek to leverage its funds by
seeking matching contributions from the private sector, other
national governments, and international organizations.
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\17\ 22 U.S.C. 7652.
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(b) Requirements.--The 5-year United States Government
strategy required by section 101 of this Act shall--
(1) provide for meeting or exceeding the goal to
reduce the rate of mother-to-child transmission of HIV
by 20 percent by 2005 and by 50 percent by 2010;
(2) include programs to make available testing and
treatment to HIV-positive women and their family
members, including drug treatment and therapies to
prevent mother-to-child transmission; and
(3) expand programs designed to care for children
orphaned by AIDS.
SEC. 313.\18\ ANNUAL REPORTS ON PREVENTION OF MOTHER-TO-CHILD
TRANSMISSION OF THE HIV INFECTION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for a period
of 5 years, the President shall submit to appropriate
congressional committees a report on the activities of relevant
executive branch agencies during the reporting period to assist
in the prevention of mother-to-child transmission of the HIV
infection.
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\18\ 22 U.S.C. 7653.
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(b) Report Elements.--Each report shall include--
(1) a statement of whether or not all relevant
executive branch agencies have met the goal described
in section 312(b)(1); and
(2) a description of efforts made by the relevant
executive branch agencies to expand those activities,
including--
(A) information on the number of sites
supported for the prevention of mother-to-child
transmission of the HIV infection;
(B) the specific activities supported;
(C) the number of women tested and counseled;
and
(D) the number of women receiving
preventative drug therapies.
(c) Reporting Period Defined.--In this section, the term
``reporting period'' means, in the case of the initial report,
the period since the date of enactment of this Act and, in the
case of any subsequent report, the period since the date of
submission of the most recent report.
SEC. 314.\19\ PILOT PROGRAM OF ASSISTANCE FOR CHILDREN AND FAMILIES
AFFECTED BY HIV/AIDS.
(a) In General.--The President, acting through the United
States Agency for International Development, should establish a
program of assistance that would demonstrate the feasibility of
the provision of care and treatment to orphans and other
children and young people affected by HIV/AIDS in foreign
countries.
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\19\ 22 U.S.C. 7654.
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(b) Program Requirements.--The program should--
(1) build upon and be integrated into programs
administered as of the date of enactment of this Act by
the relevant executive branch agencies for children
affected by HIV/AIDS;
(2) work in conjunction with indigenous community-
based programs and activities, particularly those that
offer proven services for children;
(3) reduce the stigma of HIV/AIDS to encourage
vulnerable children infected with HIV or living with
AIDS and their family members and caregivers to avail
themselves of voluntary counseling and testing, and
related programs, including treatments;
(4) ensure the importance of inheritance rights of
women, particularly women in African countries, due to
the exponential growth in the number of young widows,
orphaned girls, and grandmothers becoming heads of
households as a result of the HIV/AIDS pandemic;
(5) provide, in conjunction with other relevant
executive branch agencies, the range of services for
the care and treatment, including the provision of
antiretrovirals and other necessary pharmaceuticals, of
children, parents, and caregivers infected with HIV or
living with AIDS;
(6) provide nutritional support and food security,
and the improvement of overall family health;
(7) work with parents, caregivers, and community-
based organizations to provide children with
educational opportunities; and
(8) provide appropriate counseling and legal
assistance for the appointment of guardians and the
handling of other issues relating to the protection of
children.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the President should submit a report on
the implementation of this section to the appropriate
congressional committees. Such report should include a
description of activities undertaken to carry out subsection
(b)(4).
(d) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise
available for such purpose, there are authorized to be
appropriated to the President, from amounts authorized
to be appropriated under section 401, such sums as may
be necessary for each of the fiscal years 2004 through
2008 to carry out the program. A significant percentage
of the amount appropriated pursuant to the
authorization of appropriations under the preceding
sentence for a fiscal year should be made available to
carry out subsection (b)(4).
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 315.\20\ PILOT PROGRAM ON FAMILY SURVIVAL PARTNERSHIPS.
(a) Purpose.--The purpose of this section is to authorize
the President to establish a program, through a public-private
partnership, for the provision of medical care and support
services to HIV positive parents and their children identified
through existing programs to prevent mother-to-child
transmission of HIV in countries with or at risk for severe HIV
epidemic with particular attention to resource constrained
countries.
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\20\ 22 U.S.C. 7655.
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(b) Grants.--
(1) In general.--The President is authorized to
establish a program for the award of grants to eligible
administrative organizations to enable such
organizations to award subgrants to eligible entities
to expand activities to prevent the mother-to-child
transmission of HIV by providing medical care and
support services to HIV infected parents and their
children.
(2) Use of funds.--Amounts provided under a grant
awarded under paragraph (1) shall be used--
(A) to award subgrants to eligible entities
to enable such entities to carry out activities
described in subsection (c);
(B) for administrative support and subgrant
management;
(C) for administrative data collection and
reporting concerning grant activities;
(D) for the monitoring and evaluation of
grant activities;
(E) for training and technical assistance for
subgrantees; and
(F) to promote sustainability.
(c) Subgrants.--
(1) In general.--An organization awarded a grant
under subsection (b) shall use amounts received under
the grant to award subgrants to eligible entities.
(2) Eligibility.--To be eligible to receive a
subgrant under paragraph (1), an entity shall--
(A) be a local health organization, an
international organization, or a partnership of
such organizations; and
(B) demonstrate to the awarding organization
that such entity--
(i) is currently administering a
proven intervention to prevent mother-
to-child transmission of HIV in
countries with or at risk for severe
HIV epidemic with particular attention
to resource constrained countries, as
determined by the President;
(ii) has demonstrated support for the
proposed program from relevant
government entities; and
(iii) is able to provide HIV care,
including antiretroviral treatment when
medically indicated, to HIV positive
women, men, and children with the
support of the project funding.
(3) Local health and international organizations.--
For purposes of paragraph (2)(A)--
(A) the term ``local health organization''
means a public sector health system,
nongovernmental organization, institution of
higher education, community-based organization,
or nonprofit health system that provides
directly, or has a clear link with a provider
for the indirect provision of, primary health
care services; and
(B) the term ``international organization''
means--
(i) a nonprofit international entity;
(ii) an international charitable
institution;
(iii) a private voluntary
international entity; or
(iv) a multilateral institution.
(4) Priority requirement.--In awarding subgrants
under this subsection, the organization shall give
priority to eligible applicants that are currently
administering a program of proven intervention to HIV
positive individuals to prevent mother-to-child
transmission in countries with or at risk for severe
HIV epidemic with particular attention to resource
constrained countries, and who are currently
administering a program to HIV positive women, men, and
children to provide life-long care in family-centered
care programs using non-Federal funds.
(5) Selection of subgrant recipients.--In awarding
subgrants under this subsection, the organization
should--
(A) consider applicants from a range of
health care settings, program approaches, and
geographic locations; and
(B) if appropriate, award not less than 1
grant to an applicant to fund a national system
of health care delivery to HIV positive
families.
(6) Use of subgrant funds.--An eligible entity
awarded a subgrant under this subsection shall use
subgrant funds to expand activities to prevent mother-
to-child transmission of HIV by providing medical
treatment and care and support services to parents and
their children, which may include--
(A) providing treatment and therapy, when
medically indicated, to HIV-infected women,
their children, and families;
(B) the hiring and training of local
personnel, including physicians, nurses, other
health care providers, counselors, social
workers, outreach personnel, laboratory
technicians, data managers, and administrative
support personnel;
(C) paying laboratory costs, including costs
related to necessary equipment and diagnostic
testing and monitoring (including rapid
testing), complete blood counts, standard
chemistries, and liver function testing for
infants, children, and parents, and costs
related to the purchase of necessary laboratory
equipment;
(D) purchasing pharmaceuticals for HIV-
related conditions, including antiretroviral
therapies;
(E) funding support services, including
adherence and psychosocial support services;
(F) operational support activities; and
(G) conducting community outreach and
capacity building activities, including
activities to raise the awareness of
individuals of the program carried out by the
subgrantee, other communications activities in
support of the program, local advisory board
functions, and transportation necessary to
ensure program participation.
(d) Reports.--The President shall require that each
organization awarded a grant under subsection (b)(1) to submit
an annual report that includes--
(1) the progress of programs funded under this
section;
(2) the benchmarks of success of programs funded
under this section; and
(3) recommendations of how best to proceed with the
programs funded under this section upon the expiration
of funding under subsection (e).
(e) Funding.--There are authorized to be appropriated to
the President, from amounts authorized to be appropriated under
section 401, such sums as may be necessary for each of the
fiscal years 2004 through 2008 to carry out the program.
(f) Limitation on Administrative Expenses.--An organization
shall ensure that not more than 7 percent of the amount of a
grant received under this section by the organization is used
for administrative expenses.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401.\21\ AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the President to carry out this Act and the amendments made by
this Act $3,000,000,000 for each of the fiscal years 2004
through 2008.
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\21\ 22 U.S.C. 7671.
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(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) are
authorized to remain available until expended.
(c) Availability of Authorizations.--Authorizations of
appropriations under subsection (a) shall remain available
until the appropriations are made.
SEC. 402.\22\ SENSE OF CONGRESS.
(a) Increase in HIV/AIDS Antiretroviral Treatment.--It is a
sense of the Congress that an urgent priority of United States
assistance programs to fight HIV/AIDS should be the rapid
increase in distribution of antiretroviral treatment so that--
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\22\ 22 U.S.C. 7672.
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(1) by the end of fiscal year 2004, at least 500,000
individuals with HIV/AIDS are receiving antiretroviral
treatment through United States assistance programs;
(2) by the end of fiscal year 2005, at least
1,000,000 such individuals are receiving such
treatment; and
(3) by the end of fiscal year 2006, at least
2,000,000 such individuals are receiving such
treatment.
(b) Effective Distribution of HIV/AIDS Funds.--It is the
sense of Congress that, of the amounts appropriated pursuant to
the authorization of appropriations under section 401 for HIV/
AIDS assistance, an effective distribution of such amounts
would be--
(1) 55 percent of such amounts for treatment of
individuals with HIV/AIDS;
(2) 15 percent of such amounts for palliative care of
individuals with HIV/AIDS;
(3) 20 percent of such amounts for HIV/AIDS
prevention consistent with section 104A(d) of the
Foreign Assistance Act of 1961 (as added by section 301
of this Act), of which such amount at least 33 percent
should be expended for abstinence-until-marriage
programs; and
(4) 10 percent of such amounts for orphans and
vulnerable children.
SEC. 403.\23\ ALLOCATION OF FUNDS.
(a) Therapeutic Medical Care.--For fiscal years 2006
through 2008, not less than 55 percent of the amounts
appropriated pursuant to the authorization of appropriations
under section 401 for HIV/AIDS assistance for each such fiscal
year shall be expended for therapeutic medical care of
individuals infected with HIV, of which such amount at least 75
percent should be expended for the purchase and distribution of
antiretroviral pharmaceuticals and at least 25 percent should
be expended for related care. For fiscal years 2006 through
2008, not less than 33 percent of the amounts appropriated
pursuant to the authorization of appropriations under section
401 for HIV/AIDS prevention consistent with section 104A(d) of
the Foreign Assistance Act of 1961 (as added by section 301 of
this Act) for each such fiscal year shall be expended for
abstinence-until-marriage programs.
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\23\ 22 U.S.C. 7673.
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(b) Orphans and Vulnerable Children.--For fiscal years 2006
through 2008, not less than 10 percent of the amounts
appropriated pursuant to the authorization of appropriations
under section 401 for HIV/AIDS assistance for each such fiscal
year shall be expended for assistance for orphans and
vulnerable children affected by HIV/AIDS, of which such amount
at least 50 percent shall be provided through non-profit,
nongovernmental organizations, including faith-based
organizations, that implement programs on the community level.
SEC. 404.\24\ ASSISTANCE FROM THE UNITED STATES PRIVATE SECTOR TO
PREVENT AND REDUCE HIV/AIDS IN SUB-SAHARAN AFRICA.
It is the sense of Congress that United States businesses
should be encouraged to provide assistance to sub-Saharan
African countries to prevent and reduce the incidence of HIV/
AIDS in sub-Saharan Africa. In providing such assistance,
United States businesses should be encouraged to consider the
establishment of an HIV/AIDS Response Fund in order to provide
for coordination among such businesses in the collection and
distribution of the assistance to sub-Saharan African
countries.
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\24\ 22 U.S.C. 7674.
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TITLE V--INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 501. MODIFICATION OF THE ENHANCED HIPC INITIATIVE.
Title XVI of the International Financial Institutions Act
(22 U.S.C. 262p-262p-7) is amended by adding at the end the
following new section:
``SEC. 1625.\25\ MODIFICATION OF THE ENHANCED HIPC INITIATIVE.
``(a) Authority.--
``(1) In General.--The Secretary of the Treasury
should immediately commence efforts within the Paris
Club of Official Creditors, the International Bank for
Reconstruction and Development, the International
Monetary Fund, and other appropriate multilateral
development institutions to modify the Enhanced HIPC
Initiative so that the amount of debt stock reduction
approved for a country eligible for debt relief under
the Enhanced HIPC Initiative shall be sufficient to
reduce, for each of the first 3 years after the date of
enactment of this section or the Decision Point,
whichever is later--
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\25\ 22 U.S.C. 262p-8.
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``(A) the net present value of the
outstanding public and publicly guaranteed debt
of the country--
``(i) as of the decision point if the
country has already reached its
decision point; or
``(ii) as of the date of enactment of
this Act, if the country has not
reached its decision point,
to not more than 150 percent of the annual
value of exports of the country for the year
preceding the Decision Point; and
``(B) the annual payments due on such public
and publicly guaranteed debt to not more than--
``(i) 10 percent or, in the case of a
country suffering a public health
crisis (as defined in subsection (e)),
not more than 5 percent, of the amount
of the annual current revenues received
by the country from internal resources;
or
``(ii) a percentage of the gross
national product of the country, or
another benchmark, that will yield a
result substantially equivalent to that
which would be achieved through
application of subparagraph (A).
``(2) Limitation.--In financing the objectives of the
Enhanced HIPC Initiative, an international financial
institution shall give priority to using its own
resources.
``(b) Relation to Poverty and the Environment.--Debt
cancellation under the modifications to the Enhanced HIPC
Initiative described in subsection (a) should not be
conditioned on any agreement by an impoverished country to
implement or comply with policies that deepen poverty or
degrade the environment, including any policy that--
``(1) implements or extends user fees on primary
education or primary health care, including prevention
and treatment efforts for HIV/AIDS, tuberculosis,
malaria, and infant, child, and maternal well-being;
``(2) provides for increased cost recovery from poor
people to finance basic public services such as
education, health care, clean water, or sanitation;
``(3) reduces the country's minimum wage to a level
of less than $2 per day or undermines workers' ability
to exercise effectively their internationally
recognized worker rights, as defined under section
526(e) of the Foreign Operations, Export Financing and
Related Programs Appropriations Act, 1995 (22 U.S.C.
262p-4p); or
``(4) promotes unsustainable extraction of resources
or results in reduced budget support for environmental
programs.
``(c) Conditions.--A country shall not be eligible for
cancellation of debt under modifications to the Enhanced HIPC
Initiative described in subsection (a) 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) engages in a consistent pattern of gross
violations of internationally recognized human rights
(including its military or other security forces).
``(d) Programs to Combat HIV/AIDS and Poverty.--A country
that is otherwise eligible to receive cancellation of debt
under the modifications to the Enhanced HIPC Initiative
described in subsection (a) may receive such cancellation only
if the country has agreed--
``(1) to ensure that the financial benefits of debt
cancellation are applied to programs to combat HIV/AIDS
and poverty, in particular through concrete measures to
improve basic services in health, education, nutrition,
and other development priorities, and to redress
environmental degradation;
``(2) to ensure that the financial benefits of debt
cancellation are in addition to the government's total
spending on poverty reduction for the previous year or
the average total of such expenditures for the previous
3 years, whichever is greater;
``(3) to implement transparent and participatory
policymaking and budget procedures, good governance,
and effective anticorruption measures; and
``(4) to broaden public participation and popular
understanding of the principles and goals of poverty
reduction.
``(e) Definitions.--In this section:
``(1) Country suffering a public health crisis.--The
term `country suffering a public health crisis' means a
country in which the HIV/AIDS infection rate, as
reported in the most recent epidemiological data for
that country compiled by the Joint United Nations
Program on HIV/AIDS, is at least 5 percent among women
attending prenatal clinics or more than 20 percent
among individuals in groups with high-risk behavior.
``(2) Decision point.--The term `Decision Point'
means the date on which the executive boards of the
International Bank for Reconstruction and Development
and the International Monetary Fund review the debt
sustainability analysis for a country and determine
that the country is eligible for debt relief under the
Enhanced HIPC Initiative.
``(3) Enhanced hipc initiative.--The term `Enhanced
HIPC Initiative' means the multilateral debt initiative
for heavily indebted poor countries presented in the
Report of G-7 Finance Ministers on the Cologne Debt
Initiative to the Cologne Economic Summit, Cologne,
June 18-20, 1999.''.
SEC. 502.\26\ REPORT ON EXPANSION OF DEBT RELIEF TO NON-HIPC COUNTRIES.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to Congress a report on--
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\26\ 22 U.S.C. 7681.
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(1) the options and costs associated with the
expansion of debt relief provided by the Enhanced HIPC
Initiative to include poor countries that were not
eligible for inclusion in the Enhanced HIPC Initiative;
(2) options for burden-sharing among donor countries
and multilateral institutions of costs associated with
the expansion of debt relief; and
(3) options, in addition to debt relief, to ensure
debt sustainability in poor countries, particularly in
cases when the poor country has suffered an external
economic shock or a natural disaster.
(b) Specific Options To Be Considered.--Among the options
for the expansion of debt relief provided by the Enhanced HIPC
Initiative, consideration should be given to making eligible
for that relief poor countries for which outstanding public and
publicly guaranteed debt requires annual payments in excess of
10 percent or, in the case of a country suffering a public
health crisis (as defined in section 1625(e) of the Financial
Institutions Act, as added by section 501 of this Act), not
more than 5 percent, of the amount of the annual current
revenues received by the country from internal resources.
(c) Enhanced HIPC Initiative Defined.--In this section, the
term ``Enhanced HIPC Initiative'' means the multilateral debt
initiative for heavily indebted poor countries presented in the
Report of G-7 Finance Ministers on the Cologne Debt Initiative
to the Cologne Economic Summit, Cologne, June 18-20, 1999.
SEC. 503.\27\ AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the President such sums as may be necessary for the fiscal year
2004 and each fiscal year thereafter to carry out section 1625
of the International Financial Institutions Act, as added by
section 501 of this Act.
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\27\ 22 U.S.C. 7682.
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(b) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
e. Afghanistan Freedom Support Act of 2002
Public Law 107-327 [S. 2712], 116 Stat. 2797, approved December 4, 2002
AN ACT To authorize economic and democratic development assistance for
Afghanistan and to authorize military assistance for Afghanistan and
certain other foreign countries.
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; DEFINITION.
(a) Short Title.--This Act may be cited as the
``Afghanistan Freedom Support Act of 2002''.
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\1\ 22 U.S.C. 7501 note.
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(b) Table of Contents.--The table of contents for this Act
is as follows:
Page
Sec. 1. Short title; table of contents; definition................ 536
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
Sec. 101. Declaration of policy................................... 537
Sec. 102. Purposes of assistance.................................. 537
Sec. 103. Authorization of assistance............................. 538
Sec. 104. Coordination of assistance.............................. 544
Sec. 105. Sense of Congress regarding promoting cooperation in
opium producing areas......................................... 544
Sec. 106. Administrative provisions............................... 545
Sec. 107. Relationship to other authority......................... 546
Sec. 108. Authorization of appropriations......................... 546
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
Sec. 201. Support for security during transition in Afghanistan... 546
Sec. 202. Authorization of assistance............................. 546
Sec. 203. Eligible foreign countries and eligible international
organizations................................................. 547
Sec. 204. Reimbursement for assistance............................ 547
Sec. 205. Congressional notification requirements................. 547
Sec. 206. Promoting secure delivery of humanitarian and other
assistance in Afghanistan and expansion of the International
Security Assistance Force..................................... 548
Sec. 207. Relationship to other authority......................... 551
Sec. 208. Sunset.................................................. 551
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Requirement to comply with procedures relating to the
prohibition on assistance to drug traffickers................. 551
Sec. 302. Sense of Congress regarding protecting Afghanistan's
President..................................................... 551
Sec. 303. Donor contributions to Afghanistan and reports.......... 552
(c) \2\ Definition.--In this Act, the term ``Government of
Afghanistan'' includes--
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\2\ 22 U.S.C. 7501.
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(1) the government of any political subdivision of
Afghanistan; and
(2) any agency or instrumentality of the Government
of Afghanistan.
TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN
SEC. 101.\3\ DECLARATION OF POLICY.
Congress makes the following declarations:
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\3\ 22 U.S.C. 7511.
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(1) The United States and the international community
should support efforts that advance the development of
democratic civil authorities and institutions in
Afghanistan and the establishment of a new broad-based,
multi-ethnic, gender-sensitive, and fully
representative government in Afghanistan.
(2) The United States, in particular, should provide
its expertise to meet immediate humanitarian and
refugee needs, fight the production and flow of illicit
narcotics, and aid in the reconstruction of
Afghanistan.
(3) By promoting peace and security in Afghanistan
and preventing a return to conflict, the United States
and the international community can help ensure that
Afghanistan does not again become a source for
international terrorism.
(4) The United States should support the objectives
agreed to on December 5, 2001, in Bonn, Germany,
regarding the provisional arrangement for Afghanistan
as it moves toward the establishment of permanent
institutions and, in particular, should work
intensively toward ensuring the future neutrality of
Afghanistan, establishing the principle that
neighboring countries and other countries in the region
do not threaten or interfere in one another's
sovereignty, territorial integrity, or political
independence, including supporting diplomatic
initiatives to support this goal.
(5) The special emergency situation in Afghanistan,
which from the perspective of the American people
combines security, humanitarian, political, law
enforcement, and development imperatives, requires that
the President should receive maximum flexibility in
designing, coordinating, and administering efforts with
respect to assistance for Afghanistan and that a
temporary special program of such assistance should be
established for this purpose.
(6) To foster stability and democratization and to
effectively eliminate the causes of terrorism, the
United States and the international community should
also support efforts that advance the development of
democratic civil authorities and institutions in the
broader Central Asia region.
SEC. 102.\4\ PURPOSES OF ASSISTANCE.
The purposes of assistance authorized by this title are--
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\4\ 22 U.S.C. 7512.
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(1) to help assure the security of the United States
and the world by reducing or eliminating the likelihood
of violence against United States or allied forces in
Afghanistan and to reduce the chance that Afghanistan
will again be a source of international terrorism;
(2) to support the continued efforts of the United
States and the international community to address the
humanitarian crisis in Afghanistan and among Afghan
refugees in neighboring countries;
(3) to fight the production and flow of illicit
narcotics, to control the flow of precursor chemicals
used in the production of heroin, and to enhance and
bolster the capacities of Afghan governmental
authorities to control poppy cultivation and related
activities;
(4) to help achieve a broad-based, multi-ethnic,
gender-sensitive, and fully representative government
in Afghanistan that is freely chosen by the people of
Afghanistan and that respects the human rights of all
Afghans, particularly women, including authorizing
assistance for the rehabilitation and reconstruction of
Afghanistan with a particular emphasis on meeting the
educational, health, and sustenance needs of women and
children to better enable their full participation in
Afghan society;
(5) to support the Government of Afghanistan in its
development of the capacity to facilitate, organize,
develop, and implement projects and activities that
meet the needs of the Afghan people;
(6) to foster the participation of civil society in
the establishment of the new Afghan government in order
to achieve a broad-based, multi-ethnic, gender-
sensitive, fully representative government freely
chosen by the Afghan people, without prejudice to any
decisions which may be freely taken by the Afghan
people about the precise form in which their government
is to be organized in the future;
(7) to support the reconstruction of Afghanistan
through, among other things, programs that create jobs,
facilitate clearance of landmines, and rebuild the
agriculture sector, the health care system, and the
educational system of Afghanistan;
(8) to provide resources to the Ministry for Women's
Affairs of Afghanistan to carry out its
responsibilities for legal advocacy, education,
vocational training, and women's health programs; and
(9) to foster the growth of a pluralistic society
that promotes and respects religious freedom.
SEC. 103.\5\ AUTHORIZATION OF ASSISTANCE.
(a) In General.--Notwithstanding section 512 of Public Law
107-115 or any other similar provision of law, the President is
authorized to provide assistance for Afghanistan for the
following activities:
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\5\ 22 U.S.C. 7513.
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(1) Urgent humanitarian needs.--To assist in meeting
the urgent humanitarian needs of the people of
Afghanistan, including assistance such as--
(A) emergency food, shelter, and medical
assistance;
(B) clean drinking water and sanitation;
(C) preventative health care, including
childhood vaccination, therapeutic feeding,
maternal child health services, and infectious
diseases surveillance and treatment;
(D) family tracing and reunification
services; and
(E) clearance of landmines and other
unexploded ordinance.
(2) Repatriation and resettlement of refugees and
internally displaced persons.--To assist refugees and
internally displaced persons as they return to their
home communities in Afghanistan and to support their
reintegration into those communities, including
assistance such as--
(A) assistance identified in paragraph (1);
(B) assistance to communities, including
those in neighboring countries, that have taken
in large numbers of refugees in order to
rehabilitate or expand social, health, and
educational services that may have suffered as
a result of the influx of large numbers of
refugees;
(C) assistance to international organizations
and host governments in maintaining security by
screening refugees to ensure the exclusion of
armed combatants, members of foreign terrorist
organizations, and other individuals not
eligible for economic assistance from the
United States; and
(D) assistance for voluntary refugee
repatriation and reintegration inside
Afghanistan and continued assistance to those
refugees who are unable or unwilling to return,
and humanitarian assistance to internally
displaced persons, including those persons who
need assistance to return to their homes,
through the United Nations High Commissioner
for Refugees and other organizations charged
with providing such assistance.
(3) Counternarcotics efforts.--(A) To assist in the
eradication of poppy cultivation, the disruption of
heroin production, and the reduction of the overall
supply and demand for illicit narcotics in Afghanistan
and the region, with particular emphasis on assistance
to--
(i) eradicate opium poppy, establish crop
substitution programs, purchase nonopium
products from farmers in opium-growing areas,
quick-impact public works programs to divert
labor from narcotics production, develop
projects directed specifically at narcotics
production, processing, or trafficking areas to
provide incentives to cooperation in narcotics
suppression activities, and related programs;
(ii) establish or provide assistance to one
or more entities within the Government of
Afghanistan, including the Afghan State High
Commission for Drug Control, and to provide
training and equipment for the entities, to
help enforce counternarcotics laws in
Afghanistan and limit illicit narcotics growth,
production, and trafficking in Afghanistan;
(iii) train and provide equipment for
customs, police, and other border control
entities in Afghanistan and the region relating
to illicit narcotics interdiction and relating
to precursor chemical controls and interdiction
to help disrupt heroin production in
Afghanistan and the region;
(iv) continue the annual opium crop survey
and strategic studies on opium crop planting
and farming in Afghanistan; and
(v) reduce demand for illicit narcotics among
the people of Afghanistan, including refugees
returning to Afghanistan.
(B) For each of the fiscal years 2003 through 2006,
$15,000,000 is authorized to be appropriated to the
President to be made available for a contribution to
the United Nations Drug Control Program for the purpose
of carrying out activities described in clauses (i)
through (v) of subparagraph (A). Amounts made available
under the preceding sentence are in addition to amounts
otherwise available for such purposes.
(4) Reestablishment of food security, rehabilitation
of the agriculture sector, improvement in health
conditions, and the reconstruction of basic
infrastructure.--To assist in expanding access to
markets in Afghanistan, to increase the availability of
food in markets in Afghanistan, to rehabilitate the
agriculture sector in Afghanistan by creating jobs for
former combatants, returning refugees, and internally
displaced persons, to improve health conditions, and
assist in the rebuilding of basic infrastructure in
Afghanistan, including assistance such as--
(A) rehabilitation of the agricultural
infrastructure, including irrigation systems
and rural roads;
(B) extension of credit;
(C) provision of critical agricultural
inputs, such as seeds, tools, and fertilizer,
and strengthening of seed multiplication,
certification, and distribution systems;
(D) improvement in the quantity and quality
of water available through, among other things,
rehabilitation of existing irrigation systems
and the development of local capacity to manage
irrigation systems;
(E) livestock rehabilitation through market
development and other mechanisms to distribute
stocks to replace those stocks lost as a result
of conflict or drought;
(F) mine awareness and demining programs and
programs to assist mine victims, war orphans,
and widows;
(G) programs relating to infant and young
child feeding, immunizations, vitamin A
supplementation, and prevention and treatment
of diarrheal diseases and respiratory
infections;
(H) programs to improve maternal and child
health and reduce maternal and child mortality;
(I) programs to improve hygienic and
sanitation practices and for the prevention and
treatment of infectious diseases, such as
tuberculosis and malaria;
(J) programs to reconstitute the delivery of
health care, including the reconstruction of
health clinics or other basic health
infrastructure, with particular emphasis on
health care for children who are orphans;
(K) programs for housing (including repairing
homes damaged during military operations),
rebuilding urban infrastructure, and supporting
basic urban services; and
(L) disarmament, demobilization, and
reintegration of armed combatants into society,
particularly child soldiers.
(5) Reestablishment of afghanistan as a viable
nation-state.--(A) To assist in the development of the
capacity of the Government of Afghanistan to meet the
needs of the people of Afghanistan through, among other
things, support for the development and expansion of
democratic and market-based institutions, including
assistance such as--
(i) support for international organizations
that provide civil advisers to the Government
of Afghanistan;
(ii) support for an educated citizenry
through improved access to basic education,
with particular emphasis on basic education for
children who are orphans, with particular
emphasis on basic education for children;
(iii) programs to enable the Government of
Afghanistan to recruit and train teachers, with
special focus on the recruitment and training
of female teachers;
(iv) programs to enable the Government of
Afghanistan to develop school curriculum that
incorporates relevant information such as
landmine awareness, food security and
agricultural education, human rights awareness,
including religious freedom, and civic
education;
(v) support for the activities of the
Government of Afghanistan to draft a new
constitution, other legal frameworks, and other
initiatives to promote the rule of law in
Afghanistan, including the recognition of
religious freedom in the constitution and other
legal frameworks;
(vi) support to increase the transparency,
accountability, and participatory nature of
governmental institutions, including programs
designed to combat corruption and other
programs for the promotion of good governance;
(vii) support for an independent media;
(viii) programs that support the expanded
participation of women and members of all
ethnic groups in government at national,
regional, and local levels;
(ix) programs to strengthen civil society
organizations that promote human rights,
including religious freedom, freedom of
expression, and freedom of association, and
support human rights monitoring;
(x) support for Afghan and international
efforts to investigate human rights atrocities
committed in Afghanistan by the Taliban regime,
opponents of such regime, and terrorist groups
operating in Afghanistan, including the
collection of forensic evidence relating to
such atrocities;
(xi) support for national, regional, and
local elections and political party
development;
(xii) support for the effective
administration of justice at the national,
regional, and local levels, including the
establishment of a responsible and community-
based police force;
(xiii) support for establishment of a central
bank and central budgeting authority; and
(xiv) assistance in identifying and surveying
key road and rail routes essential for economic
renewal in Afghanistan and the region, support
in reconstructing those routes, and support for
the establishment of a customs service and
training for customs officers.
(B) For each of the fiscal years 2003 through 2005,
$10,000,000 is authorized to be appropriated to the
President to be made available for the purposes of
carrying out a traditional Afghan assembly or ``Loya
Jirga'' and for support for national, regional, and
local elections and political party development under
subparagraph (A)(xi).
(6) Market economy.--To support the establishment of
a market economy, the establishment of private
financial institutions, the adoption of policies to
promote foreign direct investment, the development of a
basic telecommunication infrastructure, and the
development of trade and other commercial links with
countries in the region and with the United States,
including policies to--
(A) encourage the return of Afghanistan
citizens or nationals living abroad who have
marketable and business-related skills;
(B) establish financial institutions,
including credit unions, cooperatives, and
other entities providing microenterprise
credits and other income-generation programs
for the poor, with particular emphasis on
women;
(C) facilitate expanded trade with countries
in the region;
(D) promote and foster respect for basic
workers' rights and protections against
exploitation of child labor;
(E) develop handicraft and other small-scale
industries; and
(F) provide financing programs for the
reconstruction of Kabul and other major cities
in Afghanistan.
(7) Assistance to women and girls.--
(A) Assistance objectives.--To assist women
and girls in Afghanistan in the areas of
political and human rights, health care,
education, training, security, and shelter,
with particular emphasis on assistance--
(i) to support construction of,
provide equipment and medical supplies
to, and otherwise facilitate the
establishment and rehabilitation of,
health care facilities in order to
improve the health care of women,
children, and infants;
(ii) to expand immunization programs
for women and children;
(iii) to establish, maintain, and
expand primary and secondary schools
for girls that include mathematics,
science, and languages in their primary
curriculum;
(iv) to develop and expand technical
and vocational training programs and
income-generation projects for women;
(v) to provide special educational
opportunities for girls whose schooling
was ended by the Taliban, and to
support the ability of women to have
access to higher education;
(vi) to develop and implement
programs to protect women and girls
against sexual and physical abuse,
abduction, trafficking, exploitation,
and sex discrimination in the delivery
of humanitarian supplies and services;
(vii) to provide emergency shelters
for women and girls who face danger
from violence;
(viii) to direct humanitarian
assistance to widows, who make up a
very large and needy population in war-
torn Afghanistan;
(ix) to support the work of women-led
and local nongovernmental organizations
with demonstrated experience in
delivering services to Afghan women and
children;
(x) to disseminate information
throughout Afghanistan on the rights of
women and on international standards of
human rights, including the rights of
religious freedom, freedom of
expression, and freedom of association;
(xi) to provide women's rights and
human rights training for military,
police, and legal personnel; and
(xii) to support the National Human
Rights Commission in programs to
promote women's rights and human
rights, including the rights of
religious freedom, freedom of
expression, and freedom of association,
and in the investigation and monitoring
of women's rights and human rights
abuses.
(B) Availability of funds.--For each of the
fiscal years 2003 through 2006--
(i) $15,000,000 is authorized to be
appropriated to the President to be
made available to the Afghan Ministry
of Women's Affairs; and
(ii) $5,000,000 is authorized to be
appropriated to the President to be
made available to the National Human
Rights Commission of Afghanistan.
(C) Relation to other available funds.--
Amounts made available under subparagraph (B)
are in addition to amounts otherwise available
for such purposes.
(b) Limitation.--
(1) In general.--Amounts made available to carry out
this title (except amounts made available for
assistance under paragraphs (1) through (3) and
subparagraphs (F) through (I) of paragraph (4) of
subsection (a)) may be provided only if the President
first determines and certifies to Congress with respect
to the fiscal year involved that progress is being made
toward adopting a constitution and establishing a
democratically elected government for Afghanistan that
respects human rights.
(2) Waiver.--
(A) In general.--The President may waive the
application of paragraph (1) if the President
first determines and certifies to Congress that
it is important to the national interest of the
United States to do so.
(B) Contents of certification.--A
certification transmitted to Congress under
subparagraph (A) shall include a written
explanation of the basis for the determination
of the President to waive the application of
paragraph (1).
(c) Enterprise Fund.--
(1) Authorization of appropriations.--In addition to
funds otherwise available for such purpose, there are
authorized to be appropriated to the President for an
enterprise fund for Afghanistan $300,000,000. 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 apply with
respect to such enterprise fund and to funds made
available to such enterprise fund under this
subsection.
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 104.\6\ COORDINATION OF ASSISTANCE.
(a) In General.--The President is strongly urged to
designate, within the Department of State, a coordinator who
shall be responsible for--
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\6\ 22 U.S.C. 7514.
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(1) designing an overall strategy to advance United
States interests in Afghanistan;
(2) ensuring program and policy coordination among
agencies of the United States Government in carrying
out the policies set forth in this title;
(3) pursuing coordination with other countries and
international organizations with respect to assistance
to Afghanistan;
(4) ensuring that United States assistance programs
for Afghanistan are consistent with this title;
(5) ensuring proper management, implementation, and
oversight by agencies responsible for assistance
programs for Afghanistan; and
(6) resolving policy and program disputes among
United States Government agencies with respect to
United States assistance for Afghanistan.
(b) Rank and Status of the Coordinator.--The coordinator
designated under subsection (a) shall have the rank and status
of ambassador.
SEC. 105.\7\ SENSE OF CONGRESS REGARDING PROMOTING COOPERATION IN OPIUM
PRODUCING AREAS.
It is the sense of Congress that the President should--
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\7\ 22 U.S.C. 7515.
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(1) to the extent practicable, under such procedures
as the President may prescribe, withhold United States
bilateral assistance from, and oppose multilateral
assistance to, opium-producing areas of Afghanistan if,
within such areas, appropriate cooperation is not
provided to the United States, the Government of
Afghanistan, and international organizations with
respect to the suppression of narcotics cultivation and
trafficking, and if withholding such assistance would
promote such cooperation;
(2) redistribute any United States bilateral
assistance (and to promote the redistribution of any
multilateral assistance) withheld from an opium-
producing area to other areas with respect to which
assistance has not been withheld as a consequence of
this section; and
(3) define or redefine the boundaries of opium
producing areas of Afghanistan for the purposes of this
section.
SEC. 106.\8\ ADMINISTRATIVE PROVISIONS.
(a) Applicable Administrative Authorities.--Except to the
extent inconsistent with the provisions of this title, the
administrative authorities under chapters 1 and 2 of part III
of the Foreign Assistance Act of 1961 shall apply to the
provision of assistance under this title to the same extent and
in the same manner as such authorities apply to the provision
of economic assistance under part I of such Act.
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\8\ 22 U.S.C. 7516.
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(b) Use of the Expertise of Afghan-Americans.--In providing
assistance authorized by this title, the President should--
(1) maximize the use, to the extent feasible, of the
services of Afghan-Americans who have expertise in the
areas for which assistance is authorized by this title;
and
(2) in the awarding of contracts and grants to
implement activities authorized under this title,
encourage the participation of such Afghan-Americans
(including organizations employing a significant number
of such Afghan-Americans).
(c) Donations of Manufacturing Equipment; Use of Colleges
and Universities.--In providing assistance authorized by this
title, the President, to the maximum extent practicable,
should--
(1) encourage the donation of appropriate excess or
obsolete manufacturing and related equipment by United
States businesses (including small businesses) for the
reconstruction of Afghanistan; and
(2) utilize research conducted by United States
colleges and universities and the technical expertise
of professionals within those institutions,
particularly in the areas of agriculture and rural
development.
(d) Administrative Expenses.--Of the funds made available
to carry out the purposes of assistance authorized by this
title in any fiscal year, up to 7 percent may be used for
administrative expenses of Federal departments and agencies in
connection with the provision of such assistance.
(e) Monitoring.--
(1) Comptroller general.--The Comptroller General
shall monitor the provision of assistance under this
title.
(2) Inspector general of usaid.--The Inspector
General of the United States Agency for International
Development shall conduct audits, inspections, and
other activities, as appropriate, associated with the
expenditure of the funds to carry out this title.
(f) Priority for Direct Assistance to the Government of
Afghanistan.--To the maximum extent practicable, assistance
authorized under this title should be provided directly to the
Government of Afghanistan (including any appropriate ministry
thereof).
SEC. 107.\9\ RELATIONSHIP TO OTHER AUTHORITY.
The authority to provide assistance under this title is in
addition to any other authority to provide assistance to the
Government of Afghanistan.
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\9\ 22 U.S.C. 7517.
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SEC. 108.\10\ AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the President to carry out this title (other than section
103(c)) $425,000,000 for each of the fiscal years 2003 through
2006.
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\10\ 22 U.S.C. 7518.
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(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are--
(1) authorized to remain available until expended;
and
(2) in addition to funds otherwise available for such
purposes, including, with respect to food assistance
under section 103(a)(1), funds available under title II
of the Agricultural Trade Development and Assistance
Act of 1954, the Food for Progress Act of 1985, and
section 416(b) of the Agricultural Act of 1949.
TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN
COUNTRIES AND INTERNATIONAL ORGANIZATIONS
SEC. 201.\11\ SUPPORT FOR SECURITY DURING TRANSITION IN AFGHANISTAN.
It is the sense of Congress that, during the transition to
a broad-based, multi-ethnic, gender-sensitive, fully
representative government in Afghanistan, the United States
should support--
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\11\ 22 U.S.C. 7531.
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(1) the development of a civilian-controlled and
centrally-governed standing Afghanistan army that
respects human rights and prohibits the use of children
as soldiers or combatants;
(2) the creation and training of a professional
civilian police force that respects human rights; and
(3) a multinational security force in Afghanistan.
SEC. 202.\12\ AUTHORIZATION OF ASSISTANCE.
(a) Drawdown Authority.--
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\12\ 22 U.S.C. 7532.
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(1) In general.--The President is authorized to
exercise his authorities under section 506 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2318) to
direct the drawdown of defense articles, defense
services, and military education and training--
(A) for the Government of Afghanistan, in
accordance with this section; and
(B) for eligible foreign countries, and
eligible international organizations, in
accordance with this section and sections 203
and 205.
(2) Authority to acquire by contract or otherwise.--
The assistance authorized under paragraph (1) may
include the supply of defense articles, defense
services, counter-narcotics, crime control and police
training services, other support, and military
education and training that are acquired by contract or
otherwise.
(b) Amount of Assistance.--The aggregate value (as defined
in section 644(m) of the Foreign Assistance Act of 1961) of
assistance provided under subsection (a) may not exceed
$300,000,000, except that such limitation shall be increased by
any amounts appropriated pursuant to the authorization of
appropriations in section 204(b)(1) and shall not count toward
any limitation contained in section 506 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318).
SEC. 203.\13\ ELIGIBLE FOREIGN COUNTRIES AND ELIGIBLE INTERNATIONAL
ORGANIZATIONS.
(a) In General.--Except as provided in subsection (b), a
foreign country or international organization shall be eligible
to receive assistance under section 202 if--
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\13\ 22 U.S.C. 7533.
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(1) such country or organization is participating in
military, peacekeeping, or policing operations in
Afghanistan aimed at restoring or maintaining peace and
security in that country; and
(2) such assistance is provided specifically for such
operations in Afghanistan.
(b) Exception.--No country the government of which has been
determined by the Secretary of State to have repeatedly engaged
in gross violations of human rights, or provided support for
acts of international terrorism under section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371), section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)), or section 40(d) of the Arms Export Control
Act (22 U.S.C. 2780(d)) shall be eligible to receive assistance
under section 202.
SEC. 204.\14\ REIMBURSEMENT FOR ASSISTANCE.
(a) In General.--Defense articles, defense services, and
military education and training provided under section
202(a)(2) shall be made available without reimbursement to the
Department of Defense except to the extent that funds are
appropriated pursuant to the authorization of appropriations in
subsection (b)(1).
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\14\ 22 U.S.C. 7534.
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(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to the President such sums as may be
necessary to reimburse the applicable appropriation,
fund, or account for the value (as defined in section
644(m) of the Foreign Assistance Act of 1961) of
defense articles, defense services, or military
education and training provided under section
202(a)(2).
(2) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1)
are in addition to amounts otherwise available for the
purposes described in this title.
SEC. 205.\15\ CONGRESSIONAL NOTIFICATION REQUIREMENTS.
(a) Authority.--The President may provide assistance under
this title to any eligible foreign country or eligible
international organization if the President determines that
such assistance is important to the national security interest
of the United States and notifies 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 of
such determination at least 15 days in advance of providing
such assistance.
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\15\ 22 U.S.C. 7535.
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(b) Notification.--The report described in subsection (a)
shall be submitted in classified and unclassified form and
shall include information relating to the type and amount of
assistance proposed to be provided and the actions that the
proposed recipient of such assistance has taken or has
committed to take.
SEC. 206.\16\ PROMOTING SECURE DELIVERY OF HUMANITARIAN AND OTHER
ASSISTANCE IN AFGHANISTAN AND EXPANSION OF THE
INTERNATIONAL SECURITY ASSISTANCE FORCE.
(a) Findings.--Congress finds the following:
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\16\ 22 U.S.C. 7536.
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(1) The President has declared his view that the
United States should provide significant assistance to
Afghanistan so that it is no longer a haven for
terrorism.
(2) The delivery of humanitarian and reconstruction
assistance from the international community is
necessary for the safe return of refugees and is
critical to the future stability of Afghanistan.
(3) Enhanced stability in Afghanistan through an
improved security environment is critical to the
functioning of the Government of Afghanistan and the
traditional Afghan assembly or ``Loya Jirga'' process,
which is intended to lead to a permanent national
government in Afghanistan, and also is essential for
the participation of women in Afghan society.
(4) Incidents of violence between armed factions and
local and regional commanders, and serious abuses of
human rights, including attacks on women and ethnic
minorities throughout Afghanistan, create an insecure,
volatile, and unsafe environment in parts of
Afghanistan, displacing thousands of Afghan civilians
from their local communities.
(5)(A) On July 6, Vice President Haji Abdul Qadir was
assassinated in Kabul by unknown assailants.
(B) On September 5, 2002, a car bomb exploded in
Kabul killing 32 and injuring 150 and on the same day a
member of Kandahar Governor Sherzai's security team
attempted to assassinate President Karzai.
(6) The violence and lawlessness may jeopardize the
``Loya Jirga'' process, undermine efforts to build a
strong central government, severely impede
reconstruction and the delivery of humanitarian
assistance, and increase the likelihood that parts of
Afghanistan will once again become safe havens for al-
Qaida, Taliban forces, and drug traffickers.
(7) The lack of security and lawlessness may also
perpetuate the need for United States Armed Forces in
Afghanistan and threaten the ability of the United
States to meet its military objectives.
(8) The International Security Assistance Force in
Afghanistan, currently led by Turkey, and composed of
forces from other willing countries without the
participation of United States Armed Forces, is
deployed only in Kabul and currently does not have the
mandate or the capacity to provide security to other
parts of Afghanistan.
(9) Due to the ongoing military campaign in
Afghanistan, the United States does not contribute
troops to the International Security Assistance Force
but has provided support to other countries that are
doing so.
(10) The United States is providing political,
financial, training, and other assistance to the Afghan
Interim Authority as it begins to build a national army
and police force to help provide security throughout
Afghanistan, but this effort is not meeting the
immediate security needs of Afghanistan.
(11) Because of these immediate security needs, the
Government of Afghanistan, its President, Hamid Karzai,
and many Afghan regional leaders have called for the
International Security Assistance Force, which has
successfully brought stability to Kabul, to be expanded
and deployed throughout the country, and this request
has been strongly supported by a wide range of
international humanitarian organizations, including the
International Committee of the Red Cross, Catholic
Relief Services, and Refugees International.
(b) Statement of Policy.--It should be the policy of the
United States to support measures to help meet the immediate
security needs of Afghanistan in order to promote safe and
effective delivery of humanitarian and other assistance
throughout Afghanistan, further the rule of law and civil
order, and support the formation of a functioning,
representative Afghan national government.
(c) Implementation of Strategy.--
(1) Initial report.--Not later than 60 days after the
date of the enactment of this Act, the President shall
provide 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
with--
(A) a strategy for meeting the immediate and
long-term security needs of Afghanistan in
order to promote safe and effective delivery of
humanitarian and other assistance throughout
Afghanistan, further the rule of law and civil
order, and support the formation of a
functioning, representative Afghan national
government, including an update to the
strategies submitted pursuant to Public Law
107-206; and
(B) a description of the progress of the
Government of Afghanistan toward the
eradication of poppy cultivation, the
disruption of heroin production, and the
reduction of the overall supply and demand for
illicit narcotics in Afghanistan in accordance
with the provisions of this Act.
(2) Implementation of strategy.--Every 6 months after
the enactment of this Act through January 1, 2007, the
President shall submit to the congressional committees
specified in paragraph (1) a report on the
implementation of the strategies for meeting the
immediate and long-term security needs of Afghanistan,
which shall include the following elements--
(A) since the previous report, the progress
in recruiting, training, and deploying an
Afghan National Army and police force,
including the numbers and ethnic composition of
recruits; the number of graduates from military
and police training; the numbers of graduates
retained by the Afghan National Army and police
forces since the previous report; the numbers
of graduates operationally deployed and to
which areas of the country; the degree to which
these graduates are assuming security
responsibilities; whether Afghan army and
police units are establishing effective central
governmental authority over areas of the
country, and which areas; and the numbers of
instances of armed attacks against Afghan
central governmental officials, United States
or international officials, troops or aid
workers, or between the armed forces of
regional leaders;
(B) the degree to which armed regional
leaders are cooperating and integrating with
the central government, providing security and
order within their regions of influence,
engaging in armed conflict or other forms of
competition that are deleterious to peace,
security, and the integration of a unified
Afghanistan under the central government;
(C) the amount of humanitarian relief
provided since the previous report to
returnees, isolated populations and other
vulnerable groups, as well as demining
assistance and landmine survivors
rehabilitation; and the numbers of such persons
not assisted since the previous report;
(D) the steps taken since the previous report
toward national reconstruction, including
establishment of the ministries and other
institutions of the Government of Afghanistan;
(E) the numbers of Civil Affairs Teams
working with regional leaders, as well as the
quick impact infrastructure projects undertaken
by such teams since the previous report;
(F) efforts undertaken since the previous
report to rebuild the justice sector, including
the establishment of a functioning judiciary, a
competent bar, reintegration of women legal
professionals and a reliable penal system, and
the respect for human rights; and
(G) a description of the progress of the
Government of Afghanistan with respect to the
matters described in paragraph (1)(B).
(d) Expansion of the International Security Assistance
Force.--
(1) Sense of congress.--Congress urges the President,
in order to fulfill the objective of establishing
security in Afghanistan, to take all appropriate
measures to assist Afghanistan in establishing a secure
environment throughout the country, including by--
(A) sponsoring in the United Nations Security
Council a resolution authorizing an expansion
of the International Security Assistance Force,
or the establishment of a similar security
force; and
(B) enlisting the European and other allies
of the United States to provide forces for an
expansion of the International Security
Assistance Force in Afghanistan, or the
establishment of a similar security force.
(2) Authorization of appropriations.--(A) There is
authorized to be appropriated to the President
$500,000,000 for each of fiscal years 2003 and 2004 to
support the International Security Assistance Force or
the establishment of a similar security force.
(B) Amounts made available under subparagraph (A) may
be appropriated pursuant to chapter 4 of part II of the
Foreign Assistance Act of 1961, section 551 of such
Act, or section 23 of the Arms Export Control Act.
(C) Funds appropriated pursuant to subparagraph (A)
shall be subject to the notification requirements under
section 634A of the Foreign Assistance Act of 1961.
SEC. 207.\17\ RELATIONSHIP TO OTHER AUTHORITY.
(a) Additional Authority.--The authority to provide
assistance under this title is in addition to any other
authority to provide assistance to the Government of
Afghanistan.
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\17\ 22 U.S.C. 7537.
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(b) Laws Restricting Authority.--Assistance under this
title to the Government of Afghanistan may be provided
notwithstanding section 512 of Public Law 107-115 or any
similar provision of law.
SEC. 208.\18\ SUNSET.
The authority of this title shall expire after September
30, 2006.
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\18\ 22 U.S.C. 7538.
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TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301.\19\ REQUIREMENT TO COMPLY WITH PROCEDURES RELATING TO THE
PROHIBITION ON ASSISTANCE TO DRUG TRAFFICKERS.
Assistance provided under this Act shall be subject to the
same provisions as are applicable to assistance under the
Foreign Assistance Act of 1961 and the Arms Export Control Act
under section 487 of the Foreign Assistance Act of 1961
(relating to the prohibition on assistance to drug traffickers;
22 U.S.C. 2291f), and the applicable regulations issued under
that section.
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\19\ 22 U.S.C. 7551.
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SEC. 302.\20\ SENSE OF CONGRESS REGARDING PROTECTING AFGHANISTAN'S
PRESIDENT.
It is the sense of Congress that--
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\20\ 22 U.S.C. 7552.
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(1) any United States physical protection force
provided for the personal security of the President of
Afghanistan should be composed of United States
diplomatic security, law-enforcement, or military
personnel, and should not utilize private contracted
personnel to provide actual physical protection
services;
(2) United States allies should be invited to
volunteer active-duty military or law enforcement
personnel to participate in such a protection force;
and
(3) such a protection force should be limited in
duration and should be succeeded by qualified Afghan
security forces as soon as practicable.
SEC. 303.\21\ DONOR CONTRIBUTIONS TO AFGHANISTAN AND REPORTS.
(a) Findings.--The Congress finds that inadequate amounts
of international assistance promised by donor states at the
Tokyo donors conference and elsewhere have been delivered to
Afghanistan, imperiling the rebuilding and development of civil
society and infrastructure, and endangering peace and security
in that war-torn country.
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\21\ 22 U.S.C. 7553.
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(b) Sense of Congress.--It is the sense of Congress that
the United States should use all appropriate diplomatic means
to encourage all states that have pledged assistance to
Afghanistan to deliver as soon as possible the total amount of
assistance pledged.
(c) Reports.--
(1) In general.--The Secretary of State shall submit
reports to 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, in
accordance with this paragraph, on the status of
contributions of assistance from donor states to
Afghanistan. The first report shall be submitted not
later than 60 days after the date of enactment of this
Act, the second report shall be submitted 90 days
thereafter, and subsequent reports shall be submitted
every 180 days thereafter through December 31, 2004.
(2) Further requirements.--Each report, which shall
be unclassified and posted upon the Department of
State's Internet website, shall include, by donor
country, the total amount pledged, the amount delivered
within the previous 60 days, the total amount of
assistance delivered, the type of assistance and type
of projects supported by the assistance.
f. Russian Democracy Act of 2002
Public Law 107-246 [H.R. 2121], 116 Stat. 1511, approved October 23,
2002
AN ACT To make available funds under the Foreign Assistance Act of 1961
to expand democracy, good governance, and anti-corruption programs in
the Russian Federation in order to promote and strengthen democratic
government and civil society and independent media in that country.
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 ``Russian Democracy Act of
2002''.
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\1\ 22 U.S.C. 2151 note.
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SEC. 2.\2\ FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
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\2\ 22 U.S.C. 2295 note.
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(1) Since the dissolution of the Soviet Union, the
leadership of the Russian Federation has publicly
committed itself to building--
(A) a society with democratic political
institutions and practices, the observance of
universally recognized standards of human
rights, and religious and press freedom; and
(B) a market economy based on internationally
accepted principles of transparency,
accountability, and the rule of law.
(2) In order to facilitate this transition, the
international community has provided multilateral and
bilateral technical assistance, and the United States'
contribution to these efforts has played an important
role in developing new institutions built on democratic
and liberal economic foundations and the rule of law.
(3)(A) Since 1992, United States Government
democratic reform programs and public diplomacy
programs, including training, and small grants have
provided access to and training in the use of the
Internet, brought nearly 40,000 Russian citizens to the
United States, and have led to the establishment of
more than 65,000 nongovernmental organizations,
thousands of independent local media outlets, despite
governmental opposition, and numerous political
parties.
(B) These efforts contributed to the substantially
free and fair Russian parliamentary elections in 1995
and 1999.
(4) The United States has assisted Russian efforts to
replace its centrally planned, state-controlled economy
with a market economy and helped create institutions
and infrastructure for a market economy. Approximately
two-thirds of the Russian Federation's gross domestic
product is now generated by the private sector, and the
United States recognized Russia as a market economy on
June 7, 2002.
(5)(A) The United States has fostered grassroots
entrepreneurship in the Russian Federation by focusing
United States economic assistance on small- and medium-
sized businesses and by providing training, consulting
services, and small loans to more than 250,000 Russian
entrepreneurs.
(B) There are now more than 900,000 small businesses
in the Russian Federation, producing 12 to 15 percent,
depending on the estimate, of the gross domestic
product of the Russian Federation.
(C) United States-funded programs have contributed to
fighting corruption and financial crime, such as money
laundering, by helping to--
(i) establish a commercial legal
infrastructure;
(ii) develop an independent judiciary;
(iii) support the drafting of a new criminal
code, civil code, and bankruptcy law;
(iv) develop a legal and regulatory framework
for the Russian Federation's equivalent of the
United States Securities and Exchange
Commission;
(v) support Russian law schools;
(vi) create legal aid clinics; and
(vii) bolster law-related activities of
nongovernmental organizations.
(6) Because the capability of Russian democratic
forces and the civil society to organize and defend
democratic gains without international support is
uncertain, and because the gradual integration of the
Russian Federation into the global order of free-
market, democratic nations would enhance Russian
cooperation with the United States on a wide range of
political, economic, and security issues, the success
of democracy in Russia is in the national security
interest of the United States, and the United States
Government should develop a far-reaching and flexible
strategy aimed at strengthening Russian society's
support for democracy and a market economy,
particularly by enhancing Russian democratic
institutions and education, promoting the rule of law,
and supporting Russia's independent media.
(7) Since the tragic events of September 11, 2001,
the Russian Federation has stood with the United States
and the rest of the civilized world in the struggle
against terrorism and has cooperated in the war in
Afghanistan by sharing intelligence and through other
means.
(8) United States-Russia relations have improved,
leading to a successful summit between President Bush
and President Putin in May 2002, resulting in a
``Foundation for Cooperation''.
(b) Purposes.--The purposes of this Act are--
(1) to strengthen and advance institutions of
democratic government and of free and independent
media, and to sustain the development of an independent
civil society in the Russian Federation based on
religious and ethnic tolerance, internationally
recognized human rights, and an internationally
recognized rule of law; and
(2) to focus United States foreign assistance
programs on using local expertise and to give local
organizations a greater role in designing and
implementing such programs, while maintaining
appropriate oversight and monitoring.
SEC. 3.\2\ UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION.
(a) Sense of Congress.--It is the sense of Congress that
the United States Government should--
(1) recognize that a democratic and economically
stable Russian Federation is inherently less
confrontational and destabilizing in its foreign policy
and therefore that the promotion of democracy in Russia
is in the national security interests of the United
States; and
(2) continue and increase assistance to the
democratic forces in the Russian Federation, including
the independent media, regional administrations,
democratic political parties, and nongovernmental
organizations.
(b) Statement of Policy.--It shall be the policy of the
United States--
(1) to facilitate Russia's integration into the
Western community of nations, including supporting the
establishment of a stable democracy and a market
economy within the framework of the rule of law and
respect for individual rights, including Russia's
membership in the appropriate international
institutions;
(2) to engage the Government of the Russian
Federation and Russian society in order to strengthen
democratic reform and institutions, and to promote
transparency and good governance in all aspects of
society, including fair and honest business practices,
accessible and open legal systems, freedom of religion,
and respect for human rights;
(3) to advance a dialogue among United States
Government officials, private sector individuals, and
representatives of the Government of the Russian
Federation regarding Russia's integration into the
Western community of nations;
(4) to encourage United States Government officials
and private sector individuals to meet regularly with
democratic activists, human rights activists,
representatives of the independent media,
representatives of nongovernmental organizations, civic
organizers, church officials, and reform-minded
politicians from Moscow and all other regions of the
Russian Federation;
(5) to incorporate democratic reforms, the promotion
of independent media, and economic reforms in a broader
United States dialogue with the Government of the
Russian Federation;
(6) to encourage the Government of the Russian
Federation to address, in a cooperative and transparent
manner consistent with internationally recognized and
accepted principles, cross-border issues, including the
nonproliferation of weapons of mass destruction,
environmental degradation, crime, trafficking, and
corruption;
(7) to consult with the Government of the Russian
Federation and the Russian Parliament on the adoption
of economic and social reforms necessary to sustain
Russian economic growth and to ensure Russia's
transition to a fully functioning market economy and
membership in the World Trade Organization;
(8) to persuade the Government of the Russian
Federation to honor its commitments made to the
Organization for Security and Cooperation in Europe
(OSCE) at the November 1999 Istanbul Conference, and to
conduct a genuine good neighbor policy toward the other
independent states of the former Soviet Union in the
spirit of internationally accepted principles of
regional cooperation; and
(9) to encourage the G-8 partners and international
financial institutions, including the World Bank, the
International Monetary Fund, and the European Bank for
Reconstruction and Development, to develop financial
safeguards and transparency practices in lending to the
Russian Federation.
SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961. * * *
SEC. 5.\2\ ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION.
(a) Assistance Programs.--In providing assistance to the
Russian Federation under chapter 11 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295 et seq.), the President
is authorized to--
(1) work with the Government of the Russian
Federation, the Duma, and representatives of the
Russian Federation judiciary to help implement a
revised and improved code of criminal procedure and
other laws;
(2) establish civic education programs relating to
democracy, public policy, the rule of law, and the
importance of independent media, including the
establishment of ``American Centers'' and public policy
schools at Russian universities and encourage
cooperative programs with universities in the United
States to offer courses through Internet-based off-site
learning centers at Russian universities; and
(3) support the Regional Initiatives (RI) program,
which provides targeted assistance in those regions of
the Russian Federation that have demonstrated a
commitment to reform, democracy, and the rule of law,
and which promotes the concept of such programs as a
model for all regions of the Russian Federation.
(b) Radio Free Europe/Radio Liberty and Voice of America.--
RFE/RL, Incorporated, and the Voice of America should use new
and innovative techniques, in cooperation with local
independent media sources and using local languages as
appropriate and as possible, to disseminate throughout the
Russian Federation information relating to democracy, free-
market economics, the rule of law, and human rights.
SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT MEDIA,
AND THE RULE OF LAW.
Of the amounts made available to carry out the provision of
chapter 11 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2295 et seq.) and the FREEDOM Support Act for fiscal
year 2003, $50,000,000 is authorized to be available for the
activities authorized by paragraphs (2) and (3) of section 498
of the Foreign Assistance Act of 1961, as amended by section
4(a) of this Act.
SEC. 7. PRESERVING THE ARCHIVES OF HUMAN RIGHTS ACTIVIST AND NOBEL
PEACE PRIZE WINNER ANDREI SAKHAROV.
(a) Authorization.--The President is authorized, on such
terms and conditions as the President determines to be
appropriate, to make a grant to Brandeis University for an
endowment for the Andrei Sakharov Archives and Human Rights
Center for the purpose of collecting and preserving documents
related to the life of Andrei Sakharov and the administration
of such Center.
(b) Funding.--There is authorized to be appropriated to the
President to carry out subsection (a) not more than $1,500,000.
SEC. 8. EXTENSION OF LAW.
The provisions of section 108(c) of H.R. 3427, as enacted
by section 1000(a)(7) of Public Law 106-113, shall apply to
United States contributions for fiscal year 2003 to the
organization described in section 108(c) of H.R. 3427.\3\
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\3\ Sec. 108(c) of H.R. 3427, enacted in Public Law 106-113 (113
Stat. 1537-409), provided the following:
``(c) Restrictions on United States Voluntary Contributions To
United Nations Development Program.--
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``(1) Limitation.--Of the amounts made available under
subsection (a) for each of the fiscal years 2000 and 2001 for
United States voluntary contributions to the United Nations
Development Program an amount equal to the amount the United
Nations Development Program will spend in Burma during each
fiscal year shall be withheld unless during such fiscal year
the Secretary of State submits to the appropriate congressional
committees the certification described in paragraph (2).
``(2) Certification.--The certification referred to in
paragraph (1) is a certification by the Secretary of State that
all programs and activities of the United Nations Development
Program (including United Nations Development Program--
Administered Funds) in Burma--
``(A) are focused on eliminating human suffering and
addressing the needs of the poor;
``(B) are undertaken only through international or
private voluntary organizations that have been deemed
independent of the State Peace and Development Council
(SPDC) (formerly known as the State Law and Order
Restoration Council (SLORC)), after consultation with
the leadership of the National League for Democracy and
the leadership of the National Coalition Government of
the Union of Burma;
``(C) provide no financial, political, or military
benefit to the SPDC; and
``(D) are carried out only after consultation with
the leadership of the National League for Democracy and
the leadership of the National Coalition Government of
the Union of Burma.''.
g. Sudan Peace Act
Public Law 107-245 [H.R. 5531], 116 Stat. 1504, approved October 21,
2002
AN ACT To facilitate famine relief efforts and a comprehensive solution
to the war in Sudan.
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 ``Sudan Peace Act''.
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\1\ 50 U.S.C. 1701 note.
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SEC. 2.\1\ FINDINGS.
The Congress makes the following findings:
(1) The Government of Sudan has intensified its
prosecution of the war against areas outside of its
control, which has already cost more than 2,000,000
lives and has displaced more than 4,000,000 people.
(2) A viable, comprehensive, and internationally
sponsored peace process, protected from manipulation,
presents the best chance for a permanent resolution of
the war, protection of human rights, and a self-
sustaining Sudan.
(3) Continued strengthening and reform of
humanitarian relief operations in Sudan is an essential
element in the effort to bring an end to the war.
(4) Continued leadership by the United States is
critical.
(5) Regardless of the future political status of the
areas of Sudan outside of the control of the Government
of Sudan, the absence of credible civil authority and
institutions is a major impediment to achieving self-
sustenance by the Sudanese people and to meaningful
progress toward a viable peace process. It is critical
that credible civil authority and institutions play an
important role in the reconstruction of post-war Sudan.
(6) Through the manipulation of traditional rivalries
among peoples in areas outside of its full control, the
Government of Sudan has used divide-and-conquer
techniques effectively to subjugate its population.
However, internationally sponsored reconciliation
efforts have played a critical role in reducing human
suffering and the effectiveness of this tactic.
(7) The Government of Sudan utilizes and organizes
militias, Popular Defense Forces, and other irregular
units for raiding and enslaving parties in areas
outside of the control of the Government of Sudan in an
effort to disrupt severely the ability of the
populations in those areas to sustain themselves. The
tactic helps minimize the Government of Sudan's
accountability internationally.
(8) The Government of Sudan has repeatedly stated
that it intends to use the expected proceeds from
future oil sales to increase the tempo and lethality of
the war against the areas outside of its control.
(9) By regularly banning air transport relief flights
by the United Nations relief operation OLS, the
Government of Sudan has been able to manipulate the
receipt of food aid by the Sudanese people from the
United States and other donor countries as a
devastating weapon of war in the ongoing effort by the
Government of Sudan to starve targeted groups and
subdue areas of Sudan outside of the Government's
control.
(10) The acts of the Government of Sudan, including
the acts described in this section, constitute genocide
as defined by the Convention on the Prevention and
Punishment of the Crime of Genocide (78 U.N.T.S. 277).
(11) The efforts of the United States and other
donors in delivering relief and assistance through
means outside of OLS have played a critical role in
addressing the deficiencies in OLS and offset the
Government of Sudan's manipulation of food donations to
advantage in the civil war in Sudan.
(12) While the immediate needs of selected areas in
Sudan facing starvation have been addressed in the near
term, the population in areas of Sudan outside of the
control of the Government of Sudan are still in danger
of extreme disruption of their ability to sustain
themselves.
(13) The Nuba Mountains and many areas in Bahr al
Ghazal and the Upper Nile and the Blue Nile regions
have been excluded completely from relief distribution
by OLS, consequently placing their populations at
increased risk of famine.
(14) At a cost which has sometimes exceeded
$1,000,000 per day, and with a primary focus on
providing only for the immediate food needs of the
recipients, the current international relief operations
are neither sustainable nor desirable in the long term.
(15) The ability of populations to defend themselves
against attack in areas outside of the control of the
Government of Sudan has been severely compromised by
the disengagement of the front-line states of Ethiopia,
Eritrea, and Uganda, fostering the belief among
officials of the Government of Sudan that success on
the battlefield can be achieved.
(16) The United States should use all means of
pressure available to facilitate a comprehensive
solution to the war in Sudan, including--
(A) the multilateralization of economic and
diplomatic tools to compel the Government of
Sudan to enter into a good faith peace process;
(B) the support or creation of viable
democratic civil authority and institutions in
areas of Sudan outside of government control;
(C) continued active support of people-to-
people reconciliation mechanisms and efforts in
areas outside of government control;
(D) the strengthening of the mechanisms to
provide humanitarian relief to those areas; and
(E) cooperation among the trading partners of
the United States and within multilateral
institutions toward those ends.
SEC. 3.\1\ DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--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.
(2) Government of sudan.--The term ``Government of
Sudan'' means the National Islamic Front government in
Khartoum, Sudan.
(3) OLS.--The term ``OLS'' means the United Nations
relief operation carried out by UNICEF, the World Food
Program, and participating relief organizations known
as ``Operation Lifeline Sudan''.
SEC. 4.\1\ CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND
TACTICS OF THE GOVERNMENT OF SUDAN.
The Congress hereby--
(1) condemns--
(A) violations of human rights on all sides
of the conflict in Sudan;
(B) the Government of Sudan's overall human
rights record, with regard to both the
prosecution of the war and the denial of basic
human and political rights to all Sudanese;
(C) the ongoing slave trade in Sudan and the
role of the Government of Sudan in abetting and
tolerating the practice;
(D) the Government of Sudan's use and
organization of ``murahalliin'' or
``mujahadeen'', Popular Defense Forces, and
regular Sudanese Army units into organized and
coordinated raiding and slaving parties in Bahr
al Ghazal, the Nuba Mountains, and the Upper
Nile and the Blue Nile regions; and
(E) aerial bombardment of civilian targets
that is sponsored by the Government of Sudan;
and
(2) recognizes that, along with selective bans on air
transport relief flights by the Government of Sudan,
the use of raiding and slaving parties is a tool for
creating food shortages and is used as a systematic
means to destroy the societies, culture, and economies
of the Dinka, Nuer, and Nuba peoples in a policy of
low-intensity ethnic cleansing.
SEC. 5.\1\ ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
(a) Assistance to Sudan.--The President is authorized to
provide increased assistance to the areas of Sudan that are not
controlled by the Government of Sudan to prepare the population
for peace and democratic governance, including support for
civil administration, communications infrastructure, education,
health, and agriculture.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated to the President to carry out the
activities described in subsection (a) of this section
$100,000,000 for each of the fiscal years 2003, 2004,
and 2005.
(2) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under paragraph (1)
of this subsection are authorized to remain available
until expended.
SEC. 6.\1\ SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
(a) Findings.--Congress hereby--
(1) recognizes that--
(A) a single, viable internationally and
regionally sanctioned peace process holds the
greatest opportunity to promote a negotiated,
peaceful settlement to the war in Sudan; and
(B) resolution to the conflict in Sudan is
best made through a peace process based on the
Declaration of Principles reached in Nairobi,
Kenya, on July 20, 1994, and on the Machakos
Protocol in July 2002; and
(2) commends the efforts of Special Presidential
Envoy, Senator Danforth and his team in working to
assist the parties to the conflict in Sudan in finding
a just, permanent peace to the conflict in Sudan.
(b) Measures of Certain Conditions Not Met.--
(1) Presidential determination.--
(A) The President shall make a determination
and certify in writing to the appropriate
congressional committees within 6 months after
the date of enactment of this Act, and each 6
months thereafter, that the Government of Sudan
and the Sudan People's Liberation Movement are
negotiating in good faith and that negotiations
should continue.
(B) If, under subparagraph (A) the President
determines and certifies in writing to the
appropriate congressional committees that the
Government of Sudan has not engaged in good
faith negotiations to achieve a permanent,
just, and equitable peace agreement, or has
unreasonably interfered with humanitarian
efforts, then the President, after consultation
with the Congress, shall implement the measures
set forth in paragraph (2).
(C) If, under paragraph (A) the President
determines and certifies in writing to the
appropriate congressional committees that the
Sudan People's Liberation Movement has not
engaged in good faith negotiations to achieve a
permanent, just, and equitable peace agreement,
then paragraph (2) shall not apply to the
Government of Sudan.
(D) If the President certifies to the
appropriate congressional committees that the
Government of Sudan is not in compliance with
the terms of a permanent peace agreement
between the Government of Sudan and the Sudan
People's Liberation Movement, then the
President, after consultation with the
Congress, shall implement the measures set
forth in paragraph (2).
(E) If, at any time after the President has
made a certification under subparagraph (B),
the President makes a determination and
certifies in writing to the appropriate
congressional committees that the Government of
Sudan has resumed good faith negotiations, or
makes a determination and certifies in writing
to the appropriate congressional committees
that the Government of Sudan is in compliance
with a peace agreement, then paragraph (2)
shall not apply to the Government of Sudan.
(2) Measures in support of the peace process.--
Subject to the provisions of paragraph (1), the
President--
(A) shall, through the Secretary of the
Treasury, instruct the United States executive
directors to each international financial
institution to continue to vote against and
actively oppose any extension by the respective
institution of any loan, credit, or guarantee
to the Government of Sudan;
(B) should consider downgrading or suspending
diplomatic relations between the United States
and the Government of Sudan;
(C) shall take all necessary and appropriate
steps, including through multilateral efforts,
to deny the Government of Sudan access to oil
revenues to ensure that the Government of Sudan
neither directly nor indirectly utilizes any
oil revenues to purchase or acquire military
equipment or to finance any military
activities; and
(D) shall seek a United Nations Security
Council Resolution to impose an arms embargo on
the Government of Sudan.
(c) Report on the Status of Negotiations.--If, at any time
after the President has made a certification under subsection
(b)(1)(A), the Government of Sudan discontinues negotiations
with the Sudan People's Liberation Movement for a 14-day
period, then the President shall submit a quarterly report to
the appropriate congressional committees on the status of the
peace process until negotiations resume.
(d) Report on United States Opposition To Financing by
International Financial Institutions.--The Secretary of the
Treasury shall submit a semiannual report to the appropriate
congressional committees describing the steps taken by the
United States to oppose the extension of a loan, credit, or
guarantee if, after the Secretary of the Treasury gives the
instructions described in subsection (b)(2)(A), such financing
is extended.
(e) Report on Efforts To Deny Oil Revenues.--Not later than
45 days after the President takes an action under subsection
(b)(2)(C), the President shall submit to the appropriate
congressional committees a comprehensive plan for implementing
the actions described in such subsection.
(f) Definition.--In this section, the term ``international
financial institution'' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Monetary Fund, the African
Development Bank, and the African Development Fund.
SEC. 7.\1\ MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of Congress that--
(1) the United Nations should help facilitate peace
and recovery in Sudan;
(2) the President, acting through the United States
Permanent Representative to the United Nations, should
seek to end the veto power of the Government of Sudan
over the plans by OLS for air transport relief flights
and, by doing so, to end the manipulation of the
delivery of relief supplies to the advantage of the
Government of Sudan on the battlefield; and
(3) the President should take appropriate measures,
including the implementation of recommendations of the
International Eminent Persons Commission contained in
the report issued on May 22, 2002, to end slavery and
aerial bombardment of civilians by the Government of
Sudan.
SEC. 8.\1\ REPORTING REQUIREMENT.
Not later than 6 months after the date of the enactment of
this Act, and annually thereafter, the Secretary of State shall
prepare and submit to the appropriate congressional committees
a report regarding the conflict in Sudan. Such report shall
include--
(1) a description of the sources and current status
of Sudan's financing and construction of infrastructure
and pipelines for oil exploitation, the effects of such
financing and construction on the inhabitants of the
regions in which the oil fields are located, and the
ability of the Government of Sudan to finance the war
in Sudan with the proceeds of the oil exploitation;
(2) a description of the extent to which that
financing was secured in the United States or with
involvement of United States citizens;
(3) the best estimates of the extent of aerial
bombardment by the Government of Sudan, including
targets, frequency, and best estimates of damage; and
(4) a description of the extent to which humanitarian
relief has been obstructed or manipulated by the
Government of Sudan or other forces.
SEC. 9.\1\ CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
(a) Sense of Congress.--It is the sense of the Congress
that the President should continue to increase the use of non-
OLS agencies in the distribution of relief supplies in southern
Sudan.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the President shall submit to the
appropriate congressional committees a detailed report
describing the progress made toward carrying out subsection
(a).
SEC. 10.\1\ CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF
FLIGHTS.
(a) Plan.--The President shall develop a contingency plan
to provide, outside the auspices of the United Nations if
necessary, the greatest possible amount of United States
Government and privately donated relief to all affected areas
in Sudan, including the Nuba Mountains and the Upper Nile and
the Blue Nile regions, in the event that the Government of
Sudan imposes a total, partial, or incremental ban on OLS air
transport relief flights.
(b) Reprogramming Authority.--Notwithstanding any other
provision of law, in carrying out the plan developed under
subsection (a), the President may reprogram up to 100 percent
of the funds available for support of OLS operations for the
purposes of the plan.
SEC. 11.\1\ INVESTIGATION OF WAR CRIMES.
(a) In General.--The Secretary of State shall collect
information about incidents which may constitute crimes against
humanity, genocide, war crimes, and other violations of
international humanitarian law by all parties to the conflict
in Sudan, including slavery, rape, and aerial bombardment of
civilian targets.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act and annually thereafter, the Secretary of
State shall prepare and submit to the appropriate congressional
committees a detailed report on the information that the
Secretary of State has collected under subsection (a) and any
findings or determinations made by the Secretary on the basis
of that information. The report under this subsection may be
submitted as part of the report required under section 8.
(c) Consultations With Other Departments.--In preparing the
report required by this section, the Secretary of State shall
consult and coordinate with all other Government officials who
have information necessary to complete the report. Nothing
contained in this section shall require the disclosure, on a
classified or unclassified basis, of information that would
jeopardize sensitive sources and methods or other vital
national security interests.
h. Security Assistance Act of 2002
Division B of Public Law 107-228 [Foreign Relations Authorization Act,
2003; H.R. 1646], 116 Stat. 1350 at 1425, approved September 30, 2002
AN ACT to authorize appropriations for the Department of State for
fiscal year 2003, to authorize appropriations under the Arms Export
Control Act and the Foreign Assistance Act of 1961 for security
assistance for fiscal year 2003, 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--SECURITY ASSISTANCE ACT OF 2002
TITLE X--GENERAL PROVISIONS
SEC. 1001.\1\ SHORT TITLE.
This division may be cited as the ``Security Assistance Act
of 2002''.
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\1\ 22 U.S.C. 2151 note.
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SEC. 1002.\1\ DEFINITIONS.
In this division:
(1) Defense article.--The term ``defense article''
has the meaning given the term in section 47(3) of the
Arms Export Control Act (22 U.S.C. 2794 note).
(2) Defense service.--The term ``defense service''
has the meaning given the term in section 47(4) of the
Arms Export Control Act (22 U.S.C. 2794 note).
(3) Excess defense article.--The term ``excess
defense article'' has the meaning given the term in
section 644(g) of the Foreign Assistance Act of 1961
(22 U.S.C. 2403(g)).
TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS
SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.
(a) In General.--Of the amount authorized to be
appropriated by section 111(a)(1)(A), $14,000,000 is authorized
to be available for the Bureau of Verification and Compliance
of the Department of State for Bureau-administered activities,
including the Key Verification Assets Fund and to upgrade
Bureau spaces for certification as a Sensitive Compartmented
Information Facility (SCIF).
(b) Additional Personnel.--In addition to the amount made
available under subsection (a), $1,800,000 is authorized to be
available for the fiscal year 2003 from the Department's
American Salaries Account, for the purpose of hiring new
personnel to carry out the Bureau's responsibilities, as set
forth in section 112 of the Arms Export Control and
Nonproliferation Act of 1999 (113 Stat. 1501A-486), as enacted
into law by section 1000(a)(7) of Public Law 106-113, including
the assignment of one full-time person to the Bureau to manage
the document control, tracking, and printing requirements of
the Bureau's operation in a SCIF.
SEC. 1102. KEY VERIFICATION ASSETS FUND.
Of the total amount made available to the Department for
fiscal year 2003, $7,000,000 is authorized to be available
within the Verification and Compliance Bureau's account to
carry out section 1111 of the Arms Control and Nonproliferation
Act of 1999 (113 Stat. 1501A-486), as enacted into law by
section 1000(a)(7) of Public Law 106-113.
SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING REQUIREMENTS.
Section 403(a) of the Arms Control and Disarmament Act (22
U.S.C. 2593a(a)) is amended * * * \2\
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\2\ For the Arms Control and Disarmament Act, see Legislation on
Foreign Relations Through 2002, vol. II.
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TITLE XII--MILITARY AND RELATED ASSISTANCE
Subtitle A--Foreign Military Sales and Financing Authorities
SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President 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 $4,107,200,000 for fiscal year
2003.
SEC. 1202. RELATIONSHIP OF FOREIGN MILITARY SALES TO UNITED STATES
NONPROLIFERATION INTERESTS. * * * \3\
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\3\ Secs. 1202 through 1205 amend the Arms Export Control Act and
the Foreign Assistance Act of 1961.
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SEC. 1203. OFFICIAL RECEPTION AND REPRESENTATION EXPENSES. * * * \3\
SEC. 1204. ARMS EXPORT CONTROL ACT PROHIBITION ON TRANSACTIONS WITH
COUNTRIES THAT HAVE REPEATEDLY PROVIDED SUPPORT FOR
ACTS OF INTERNATIONAL TERRORISM. * * * \3\
SEC. 1205. CONGRESSIONAL NOTIFICATION OF SMALL ARMS AND LIGHT WEAPONS
LICENSE APPROVALS; REPORTS.
(a)-(c) * * * \3\
(d) Report on Arms Brokering.--Not later than June 30,
2003, the Secretary shall submit a report to the appropriate
congressional committees on activities of registered arms
brokers, which shall discuss--
(1) the role of such brokers in the United States and
other countries;
(2) United States law, regulations, and policy
regarding arms brokers;
(3) violations of the Arms Export Control Act;
(4) United States resources and personnel devoted to
the monitoring of arms brokers;
(5) any needed changes in law, regulation, policy, or
resources; and
(6) any implications for the regulation of arms
brokers in other countries.
SEC. 1206.\4\ TREATMENT OF TAIWAN RELATING TO TRANSFERS OF DEFENSE
ARTICLES AND DEFENSE SERVICES.
Notwithstanding any other provision of law, for purposes of
the transfer or possible transfer of defense articles or
defense services under the Arms Export Control Act (22 U.S.C.
2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.), or any other provision of law, Taiwan shall be
treated as though it were designated a major non-NATO ally (as
defined in section 644(q) of the Foreign Assistance Act of 1961
(22 U.S.C. 2403(q)).
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\4\ 22 U.S.C. 2321k note.
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Subtitle B--International Military Education and Training
SEC. 1211. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President
$85,000,000 for fiscal year 2003 to carry out chapter 5 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
seq.; relating to international military education and
training).
SEC. 1212. HUMAN RIGHTS VIOLATIONS.
(a) Annual Report.--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 section: * * * \5\
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\5\ Sec. 1212(a) added a new sec. 549 to the Foreign Assistance Act
of 1961 (22 U.S.C. 2347h), relating to human rights reporting.
---------------------------------------------------------------------------
(b) Records Regarding Foreign Participants.--Section 548 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347g) is
amended--* * *
SEC. 1213. PARTICIPATION IN POST-UNDERGRADUATE FLYING TRAINING AND
TACTICAL LEADERSHIP PROGRAMS.
Section 544 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347c) is amended by adding at the end the following new
subsection: * * *
Subtitle C--Assistance for Select Countries
SEC. 1221. ASSISTANCE FOR ISRAEL AND EGYPT.
(a) Authorization of Appropriations for Israel.--Section
513 of the Security Assistance Act of 2000 (Public Law 106-280)
is amended--* * * \6\
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\6\ For amended text, see Legislation on Foreign Relations Through
2002, vol. I-B.
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(b) Authorization of Appropriations for Egypt.--Section 514
of the Security Assistance Act of 2000 (Public Law 106-280) is
amended--* * * \6\
SEC. 1222. SECURITY ASSISTANCE FOR GREECE AND TURKEY.
(a) In General.--Of the amount made available for the
fiscal year 2003 to carry out chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.)--
(1) $1,120,000 for fiscal year 2003 is authorized to
be available for Greece; and
(2) $2,800,000 for fiscal year 2003 is 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 2003, $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 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.
(d) Repeal.--Effective October 1, 2002, section 512 of the
Security Assistance Act of 2000 (Public Law 106-280; 114 Stat.
856) is repealed.
SEC. 1223. SECURITY ASSISTANCE FOR CERTAIN OTHER COUNTRIES.
(a) FMF for Certain Other Countries.--Of the total amount
made available for the fiscal year 2003 under section 23 of the
Arms Export Control Act (22 U.S.C. 2763), the following amounts
are authorized to be available on a grant basis for the
following countries:
(1) The baltic states.--For all of the Baltic states
of Estonia, Latvia, and Lithuania, $22,000,000.
(2) Bulgaria.--For Bulgaria, $11,000,000.
(3) The czech republic.--For the Czech Republic,
$11,000,000.
(4) Georgia.--For Georgia, $7,000,000.
(5) Hungary.--For Hungary, $11,000,000.
(6) Jordan.--For Jordan, $198,000,000.
(7) Malta.--For Malta, $1,150,000.
(8) The philippines.--For the Philippines,
$25,000,000.
(9) Poland.--For Poland, $16,000,000.
(10) Romania.--For Romania, $12,000,000.
(11) Slovakia.-- For Slovakia, $9,000,000.
(12) Slovenia.--For Slovenia, $5,000,000.
(b) IMET.--Of the amount made available for the fiscal year
2003 to carry out chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.), the following
amounts are authorized to be available for the following
countries:
(1) The baltic states.--For all of the Baltic states
of Estonia, Latvia, and Lithuania, $3,300,000.
(2) Bulgaria.--For Bulgaria, $1,370,000.
(3) The czech republic.--For the Czech Republic,
$1,900,000.
(4) Georgia.--For Georgia, $1,200,000.
(5) Hungary.--For Hungary, $1,900,000.
(6) Jordan.--For Jordan, $4,000,000.
(7) Malta.--For Malta, $350,000.
(8) The philippines.--For the Philippines,
$2,000,000.
(9) Poland.--For Poland, $2,000,000.
(10) Romania.--For Romania, $1,500,000.
(11) Slovakia.--For Slovakia, $950,000.
(12) Slovenia.--For Slovenia, $950,000.
(c) Repeals.--Sections 511 (a) and (b) and 515 of the
Security Assistance Act of 2000 are repealed.
SEC. 1224.\7\ ASSISTANCE TO LEBANON.
(a) Prohibition.--Notwithstanding any other provision of
law, $10,000,000 of the amounts made available for fiscal year
2003 or any subsequent fiscal year that are allocated for
assistance to Lebanon 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) may not be obligated unless and until
the President certifies to the appropriate congressional
committees that--
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\7\ 22 U.S.C. 2346 note.
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(1) the armed forces of Lebanon have been deployed to
the internationally recognized border between Lebanon
and Israel; and
(2) the Government of Lebanon is effectively
asserting its authority in the area in which such armed
forces have been deployed.
(b) Requirement Relating to Funds Withheld.--
Notwithstanding any other provision of law, any funds withheld
pursuant to subsection (a) may not be programmed in order to be
used for a purpose other than for assistance to Lebanon until
the last month of the fiscal year in which the authority to
obligate such funds lapses.
Subtitle D--Excess Defense Article and Drawdown Authorities
SEC. 1231. EXCESS DEFENSE ARTICLES FOR CERTAIN COUNTRIES.
(a) Authority.--Notwithstanding section 516(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during the
fiscal year 2003 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 Albania, Bulgaria,
Croatia, Estonia, Former Yugoslavia Republic of Macedonia,
Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania,
Moldova, Mongolia, Pakistan, Romania, Slovakia, Slovenia,
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
(b) Sense of Congress.--It is the sense of Congress that
the authority provided under this section should be utilized
only for those countries demonstrating a genuine commitment to
democracy and human rights.
SEC. 1232. ANNUAL LISTING OF POSSIBLE EXCESS DEFENSE ARTICLES.
Section 25(a) of the Arms Export Control Act (22 U.S.C.
2765(a)) is amended--* * *
SEC. 1233. LEASES OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES AND
INTERNATIONAL ORGANIZATIONS.
Section 61(b) of the Arms Export Control Act (22 U.S.C.
2796(b)), is amended--* * *
SEC. 1234. PRIORITY WITH RESPECT TO TRANSFER OF EXCESS DEFENSE
ARTICLES.
Section 516(c)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(c)(2)) is amended * * *
Subtitle E--Other Political-Military Assistance
SEC. 1241. DESTRUCTION OF SURPLUS WEAPONS STOCKPILES.
Of the funds authorized to be appropriated to the President
for fiscal year 2003 to carry out chapters 1 and 10 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
relating to development assistance, up to $10,000,000 is
authorized to be made available for the destruction of surplus
stockpiles of small arms, light weapons, and other munitions.
Subtitle F--Antiterrorism Assistance
SEC. 1251. AUTHORIZATION OF APPROPRIATIONS.
Section 574(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2349aa-4(a)) is amended by striking ``and $73,000,000
for fiscal year 2002'' and inserting ``, $73,000,000 for fiscal
year 2002, and $64,200,000 for fiscal year 2003''.
Subtitle G--Other Matters
SEC. 1261. 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: * * *
SEC. 1262. REVISED MILITARY ASSISTANCE REPORTING REQUIREMENTS.
(a) Exception for Certain Countries.--Section 656(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)) is amended--
* * *
(b) Annual Military Assistance Reports.--Section 655 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amended--* *
*
(c) Quarterly Reports on Government-To-Government Arms
Exports.--Section 36(a) of the Arms Export Control Act (22
U.S.C. 2776(a)) is amended--* * *
SEC. 1263.\8\ CONSULTATION WITH CONGRESS WITH REGARD TO TAIWAN.
Beginning 180 days after the date of enactment of this Act,
and every 180 days thereafter, the President shall provide
detailed briefings to and consult with the appropriate
congressional committees regarding the United States security
assistance to Taiwan, including the provision of defense
articles and defense services.
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\8\ 22 U.S.C. 3302 note.
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TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE
Subtitle A--General Provisions
SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Section 585 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349bb-4) is amended--* * *
(b) Suballocations.--Of the amount authorized to be
appropriated to the President for fiscal year 2003 by section
585 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-
4)--
(1) $2,000,000 is authorized to be available for such
fiscal year for the purpose of carrying out section 584
of the Foreign Assistance Act of 1961, as added by
section 1303 of this Act; and
(2) $65,000,000 for fiscal year 2003 are authorized
to be available for science and technology centers in
the independent states of the former Soviet Union.
(c) Conforming Amendment.--Section 302 of the Security
Assistance Act of 2000 (Public Law 106-280; 114 Stat. 853) is
repealed.
(d) Further Authorization.--There is authorized to be
appropriated under ``Nonproliferation, Anti-terrorism,
Demining, and Related Programs'' $382,400,000 for fiscal year
2003.
SEC. 1302.\9\ NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR
FRIENDLY FOREIGN COUNTRIES.
(a) In General.--For the purpose of enhancing the
nonproliferation and export control capabilities of friendly
countries, of the amount authorized to be appropriated for
fiscal year 2003 by section 585 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2349bb et seq.), the Secretary is authorized
to make available--
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\9\ 22 U.S.C. 2349bb note.
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(1) $5,000,000 for the procurement and provision of
nuclear, chemical, and biological detection systems,
including spectroscopic and pulse echo technologies;
and
(2) $10,000,000 for the procurement and provision of
x-ray systems capable of imaging sea-cargo containers.
(b) Reports on Training Program.--
(1) Initial report.--Not later than March 31, 2003,
the Secretary shall submit a report to the appropriate
congressional committees setting forth his plans and
budget for a multiyear training program to train
foreign personnel in the utilization of the systems
described in subsection (a).
(2) Subsequent reports.--Not later than March 31,
2004, and annually thereafter for the next three years,
the Secretary shall submit a report to the appropriate
congressional committees describing the progress,
current status, and budget of that training program and
of the provision of those systems.
SEC. 1303. INTERNATIONAL NONPROLIFERATION AND EXPORT CONTROL TRAINING.
Chapter 9 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2349bb et seq.) is amended--
(1) by redesignating sections 584 and 585 as sections
585 and 586, respectively; and
(2) by inserting after section 583 the following:
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\10\ 22 U.S.C. 2349bb-2a note.
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``SEC. 584.\10\ INTERNATIONAL NONPROLIFERATION EXPORT CONTROL TRAINING.
* * *''.
SEC. 1304. RELOCATION OF SCIENTISTS.
(a) Reinstatement of Classification Authority.--Section 4
of the Soviet Scientists Immigration Act of 1992 (Public Law
102-509; 106 Stat. 3316; 8 U.S.C. 1153 note) is amended by
striking subsection (d) and inserting the following: * * * \11\
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\11\ For text, see Legislation on Foreign Relations Through 2002,
vol. II.
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(b) Limitation on Number of Scientists Eligible for Visas
Under Authority.--Section 4(c) of such Act (8 U.S.C. 1153 note)
is amended * * *
(c) Limitation on Eligibility.--Section 4(a) of that Act (8
U.S.C. 1153 note) is amended by adding at the end the following
new sentence: * * *
(d) \12\ Consultation Requirement.--The Attorney General
shall consult with the Secretary, the Secretary of Defense, the
Secretary of Energy, and the heads of other appropriate
agencies of the United States regarding--
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\12\ 8 U.S.C. 1153 note.
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(1) previous experience in implementing the Soviet
Scientists Immigration Act of 1992; and
(2) any changes that those officials would recommend
in the regulations prescribed under that Act.
SEC. 1305. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR BUDGET
ASSESSMENTS AND VOLUNTARY CONTRIBUTIONS.
(a) Findings.--Congress makes the following findings:
(1) The Department has concluded that the
International Atomic Energy Agency (in this section
referred to as the ``IAEA'') is a critical and
effective instrument for verifying compliance with
international nuclear nonproliferation agreements, and
that it serves as an essential barrier to the spread of
nuclear weapons.
(2) The IAEA furthers United States national security
objectives by helping to prevent the proliferation of
nuclear weapons material, especially through its work
on effective verification and safeguards measures.
(3) The IAEA can also perform a critical role in
monitoring and verifying aspects of nuclear weapons
reduction agreements between nuclear weapons states.
(4) The IAEA has adopted a multifaceted action plan,
to be funded by voluntary contributions, to address the
threats posed by radioactive sources that could be used
in a radiological weapon and will be the leading
international agency in this effort.
(5) As the IAEA has negotiated and developed more
effective verification and safeguards measures, it has
experienced significant real growth in its mission,
especially in the vital area of nuclear safeguards
inspections.
(6) Nearly two decades of zero budget growth have
affected the ability of the IAEA to carry out its
mission and to hire and retain the most qualified
inspectors and managers, as evidenced in the decreasing
proportion of such personnel who hold doctorate
degrees.
(7) Increased voluntary contributions by the United
States will be needed if the IAEA is to increase its
safeguards activities and also to implement its action
plan to address the worldwide risks posed by lost or
poorly secured radioactive sources.
(8) Although voluntary contributions by the United
States lessen the IAEA's budgetary constraints, they
cannot readily be used for the long-term capital
investments or permanent staff increases necessary to
an effective IAEA safeguards regime.
(9) The recent United States decision to accept a 25
percent IAEA regular budget assessment was based upon a
correct interpretation of existing law. It was not the
intent of Congress that the United States contributions
to all United Nations-related organizations and
activities be reduced pursuant to the Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted into law by
section 1000(a)(7) of Public Law 106-113; 113 Stat.
1501A-405 et seq.), which sets 22 percent assessment
rates as benchmarks for the general United Nations
budget, the Food and Agricultural Organization, the
World Health Organization, and the International Labor
Organization. Rather, contributions for an important
and effective agency such as the IAEA should be
maintained at levels commensurate with the criticality
of its mission.
(10) The Secretary should negotiate a gradual and
sustained increase in the regular budget of the
International Atomic Energy Agency, which should begin
with the 2004 budget.
(b) Authorization of Appropriations.--Of the funds
authorized to be appropriated for Nonproliferation, Anti-
terrorism, Demining, and Related Programs there is authorized
to be appropriated $60,000,000 for fiscal year 2003 for a
United States voluntary contribution to the International
Atomic Energy Agency, including for the purpose of implementing
the Protection Against Nuclear Terrorism program adopted by the
International Atomic Energy Agency Board of Governors in March
2002.
(a) Reports on Proliferation to Iran.--Section 2 of the
Iran Nonproliferation Act of 2000 (Public Law 106-178; 114
Stat. 39; 50 U.S.C. 1701 note) is amended * * *
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\13\ For text, see Legislation on Foreign Relations Through 2002,
vol. II.
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(b) Determination Exempting Foreign Persons From Certain
Measures Under the Act.--Section 5(a)(2) of such Act is amended
* * *
SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF
1999.\14\
(a) Restrictions.--Section 822(a) of the North Korea Threat
Reduction Act of 1999 (subtitle B of title VIII of division A
of H.R. 3427, as enacted into law by section 1000(a)(7) of
Public Law 106-113; appendix G; 113 Stat. 1501A-472) is amended
* * *
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\14\ For text, see Legislation on Foreign Relations Through 2002,
vol. II.
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(b) Specified Nuclear Item Defined.--Section 823 of the
North Korea Threat Reduction Act of 1999 is amended * * *
SEC. 1308.\15\ ANNUAL REPORTS ON THE PROLIFERATION OF MISSILES AND
ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL,
CHEMICAL, AND RADIOLOGICAL WEAPONS.
(a) Report.--Not later than March 1, 2003, and annually
thereafter, the President shall transmit to the designated
congressional committees an annual report on the transfer by
any country of weapons, technology, components, or materials
that can be used to deliver, manufacture (including research
and experimentation), or weaponize nuclear, biological,
chemical or radiological weapons (in this section referred to
as ``NBC weapons'') to any country other than a country
referred to in subsection (d) that is seeking to possess or
otherwise acquire such weapons, technology, or materials, or
other system that the Secretary or the Secretary of Defense has
reason to believe could be used to develop, acquire, or deliver
NBC weapons.
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\15\ 50 U.S.C. 2368.
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(b) Matters To Be Included.--Each such report shall
include--
(1) the transfer of all aircraft, cruise missiles,
artillery weapons, unguided rockets and multiple rocket
systems, and related bombs, shells, warheads and other
weaponization technology and materials that the
Secretary or the Secretary of Defense has reason to
believe may be intended for the delivery of NBC
weapons;
(2) international transfers of MTCR equipment or
technology to any country that is seeking to acquire
such equipment or any other system that the Secretary
or the Secretary of Defense has reason to believe may
be used to deliver NBC weapons; and
(3) the transfer of technology, test equipment,
radioactive materials, feedstocks and cultures, and all
other specialized materials that the Secretary or the
Secretary of Defense has reason to believe could be
used to manufacture NBC weapons.
(c) Content of Report.--Each such report shall include the
following with respect to preceding calendar year:
(1) The status of missile, aircraft, and other NBC
weapons delivery and weaponization programs in any such
country, including efforts by such country or by any
subnational group to acquire MTCR-controlled equipment,
NBC-capable aircraft, or any other weapon or major
weapon component which may be utilized in the delivery
of NBC weapons, whose primary use is the delivery of
NBC weapons, or that the Secretary or the Secretary of
Defense has reason to believe could be used to deliver
NBC weapons.
(2) The status of NBC weapons development,
acquisition, manufacture, stockpiling, and deployment
programs in any such country, including efforts by such
country or by any subnational group to acquire
essential test equipment, manufacturing equipment and
technology, weaponization equipment and technology, and
radioactive material, feedstocks or components of
feedstocks, and biological cultures and toxins.
(3) A description of assistance provided by any
person or government, after the date of the enactment
of this Act, to any such country or subnational group
in the acquisition or development of--
(A) NBC weapons;
(B) missile systems, as defined in the MTCR
or that the Secretary or the Secretary of
Defense has reason to believe may be used to
deliver NBC weapons; and
(C) aircraft and other delivery systems and
weapons that the Secretary or the Secretary of
Defense has reason to believe could be used to
deliver NBC weapons.
(4) A listing of those persons and countries that
continue to provide such equipment or technology
described in paragraph (3) to any country or
subnational group as of the date of submission of the
report, including the extent to which foreign persons
and countries were found to have knowingly and
materially assisted such programs.
(5) A description of the use of, or substantial
preparations to use, the equipment of technology
described in paragraph (3) by any foreign country or
subnational group.
(6) A description of the diplomatic measures that the
United States, and that other adherents to the MTCR and
other arrangements affecting the acquisition and
delivery of NBC weapons, have made with respect to
activities and private persons and governments
suspected of violating the MTCR and such other
arrangements.
(7) An analysis of the effectiveness of the
regulatory and enforcement regimes of the United States
and other countries that adhere to the MTCR and other
arrangements affecting the acquisition and delivery of
NBC weapons in controlling the export of MTCR and other
NBC weapons and delivery system equipment or
technology.
(8) A summary of advisory opinions issued under
section 11B(b)(4) of the Export Administration Act of
1979 (50 U.S.C. App. 2401b(b)(4)) and under section
73(d) of the Arms Export Control Act (22 U.S.C.
2797b(d)).
(9) An explanation of United States policy regarding
the transfer of MTCR equipment or technology to foreign
missile programs, including programs involving launches
of space vehicles.
(10) A description of each transfer by any person or
government during the preceding 12-month period which
is subject to sanctions under the Iran-Iraq Arms Non-
Proliferation Act of 1992 (title XVI of Public Law 102-
484).
(d) Exclusions.--The countries excluded under subsection
(a) are Australia, Belgium, Canada, the Czech Republic,
Denmark, France, Germany, Greece, Hungary, Iceland, Italy,
Japan, Luxembourg, the Netherlands, New Zealand, Norway,
Poland, Portugal, Spain, Turkey, the United Kingdom, and the
United States.
(e) Classification of Report.--The Secretary shall make
every effort to submit all of the information required by this
section in unclassified form. Whenever the Secretary submits
any such information in classified form, the Secretary shall
submit such classified information in an addendum and shall
also submit concurrently a detailed summary, in unclassified
form, of that classified information.
(f) Definitions.--In this section:
(1) Designated congressional committees.--The term
``designated congressional committees'' means--
(A) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on International Relations of the House of
Representatives; and
(B) the Committee on Appropriations, the
Committee on Armed Services, and the Committee
on Foreign Relations of the Senate.
(2) Missile; mtcr; mtcr equipment or technology.--The
terms ``missile'', ``MTCR'', and ``MTCR equipment or
technology'' have the meanings given those terms in
section 74 of the Arms Export Control Act (22 U.S.C.
2797c).
(3) Person.--The term ``person'' means any United
States or foreign individual, partnership, corporation,
or other form of association, or any of its successor
entities, parents, or subsidiaries.
(4) Weaponize; weaponization.--The term ``weaponize''
or ``weaponization'' means to incorporate into, or the
incorporation into, usable ordnance or other militarily
useful means of delivery.
(g) Repeals.--
(1) In general.--The following provisions of law are
repealed:
(A) Section 1097 of the National Defense
Authorization Act for Fiscal Years 1992 and
1993 (22 U.S.C. 2751 note).
(B) Section 308 of the Chemical and
Biological Weapons Control and Warfare
Elimination Act of 1991 (22 U.S.C. 5606).
(C) Section 1607(a) of the Iran-Iraq Arms
Non-Proliferation Act of 1992 (Public Law 102-
484).
(D) Paragraph (d) of section 585 of the
Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1997 (as
contained in section 101(c) of title I of
division A of Public Law 104-208; 110 Stat.
3009-171).
(2) Conforming amendments.--Section 585 of the
Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997, is amended--* * *
SEC. 1309. THREE-YEAR INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
STRATEGY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall prepare and submit to
the appropriate congressional committees a 3-year international
arms control and nonproliferation strategy. The strategy shall
contain the following:
(1) A 3-year plan for the reduction of existing
nuclear, chemical, and biological weapons and ballistic
missiles and for controlling the proliferation of these
weapons.
(2) Identification of the goals and objectives of the
United States with respect to arms control and
nonproliferation of weapons of mass destruction and
their delivery systems.
(3) A description of the programs, projects, and
activities of the Department of State intended to
accomplish goals and objectives described in paragraph
(2).
Subtitle B--Russian Federation Debt Reduction for Nonproliferation
SEC. 1311.\16\ SHORT TITLE.
This subtitle may be cited as the ``Russian Federation Debt
for Nonproliferation Act of 2002''.
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\16\ 22 U.S.C. 5952 note.
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SEC. 1312.\16\ FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) It is in the vital security interests of the
United States to prevent the spread of weapons of mass
destruction to additional states or to terrorist
organizations, and to ensure that other nations'
obligations to modify their stockpiles of such arms in
accordance with treaties, executive agreements, or
political commitments are fulfilled.
(2) In particular, it is in the vital national
security interests of the United States to ensure
that--
(A) all stocks of nuclear weapons and
weapons-usable nuclear material in the Russian
Federation are secure and accounted for;
(B) stocks of nuclear weapons and weapons-
usable nuclear material that are excess to
military needs in the Russian Federation are
monitored and reduced;
(C) any chemical or biological weapons,
related materials, and facilities in the
Russian Federation are destroyed;
(D) the Russian Federation's nuclear weapons
complex is reduced to a size appropriate to its
post-Cold War missions, and its experts in
weapons of mass destruction technologies are
shifted to gainful and sustainable civilian
employment;
(E) the Russian Federation's export control
system blocks any proliferation of weapons of
mass destruction, the means of delivering such
weapons, and materials, equipment, know-how, or
technology that would be used to develop,
produce, or deliver such weapons; and
(F) these objectives are accomplished with
sufficient monitoring and transparency to
provide confidence that they have in fact been
accomplished and that the funds provided to
accomplish these objectives have been spent
efficiently and effectively.
(3) United States programs should be designed to
accomplish these vital objectives in the Russian
Federation as rapidly as possible, and the President
should develop and present to Congress a plan for doing
so.
(4) Substantial progress has been made in United
States-Russian Federation cooperative programs to
achieve these objectives, but much more remains to be
done to reduce the urgent risks to United States
national security posed by the current state of the
Russian Federation's weapons of mass destruction
stockpiles and complexes.
(5) The threats posed by inadequate management of
weapons of mass destruction stockpiles and complexes in
the Russian Federation remain urgent. Incidents in
years immediately preceding 2001, which have been cited
by the Russia Task Force of the Secretary of Energy
Advisory Board, include--
(A) a conspiracy at one of the Russian
Federation's largest nuclear weapons facilities
to steal nearly enough highly enriched uranium
for a nuclear bomb;
(B) an attempt by an employee of the Russian
Federation's premier nuclear weapons facility
to sell nuclear weapons designs to agents of
Iraq and Afghanistan; and
(C) the theft of radioactive material from a
Russian Federation submarine base.
(6) Addressing these threats to United States and
world security will ultimately consume billions of
dollars, a burden that will have to be shared by the
Russian Federation, the United States, and other
governments, if these threats are to be neutralized.
(7) The creation of new funding streams could
accelerate progress in reducing these threats to United
States security and help the government of the Russian
Federation to fulfill its responsibility for secure
management of its weapons stockpiles and complexes as
United States assistance phases out.
(8) The Russian Federation has a significant foreign
debt, a substantial proportion of which it inherited
from the Soviet Union.
(9) Past debt-for-environment exchanges, in which a
portion of a country's foreign debt is canceled in
return for certain environmental commitments or
payments by that country, suggest that a debt-for-
nonproliferation exchange with the Russian Federation
could be designed to provide additional funding for
nonproliferation and arms reduction initiatives.
(10) Most of the Russian Federation's official
bilateral debt is held by United States allies that are
advanced industrial democracies. Since the issues
described pose threats to United States allies as well,
United States leadership that results in a larger
contribution from United States allies to cooperative
threat reduction activities will be needed.
(11) At the June 2002 meeting of the G-8 countries,
agreement was achieved on a G-8 Global Partnership
against the Spread of Weapons and Materials of Mass
Destruction, under which the advanced industrial
democracies committed to contribute $20,000,000,000 to
nonproliferation programs in the Russian Federation
during a 10-year period, with each contributing country
having the option to fund some or all of its
contribution through reduction in the Russian
Federation's official debt to that country.
(12) The Russian Federation's Soviet-era official
debt to the United States is estimated to be
$480,000,000 in Lend-Lease debt and $2,250,000,000 in
debt as a result of credits extended under title I of
the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1701 et seq.).
(b) Purposes.--The purposes of this subtitle are--
(1) to facilitate the accomplishment of the United
States objectives described in the findings set forth
in subsection (a) by providing for the use of a portion
of the Russian Federation's foreign debt to fund
nonproliferation programs, thus allowing the use of
additional resources for these purposes; and
(2) to help ensure that the resources made available
to the Russian Federation are targeted to the
accomplishment of the United States objectives
described in the findings set forth in subsection (a).
SEC. 1313.\16\ DEFINITIONS.
In this subtitle:
(1) 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.
(2) Cost.--The term ``cost'' has the meaning given
that term in section 502(5) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a(5)).
(3) Russian federation nonproliferation investment
agreement or agreement.--The term ``Russian Federation
Nonproliferation Investment Agreement'' or
``Agreement'' means the agreement between the United
States and the Russian Federation entered into under
section 1315(a).
(4) Soviet-era debt.--The term ``Soviet-era debt''
means debt owed as a result of loans or credits
provided by the United States (or any agency of the
United States) to the Union of Soviet Socialist
Republics under the Lend Lease Act of 1941 or the
Commodity Credit Corporation Charter Act.
(5) State sponsor of international terrorism.--The
term ``state sponsor of international terrorism'' means
those countries that have been determined by the
Secretary of State, for the purposes of section 40 of
the Arms Export Control Act, section 620A of the
Foreign Assistance Act of 1961, or section 6(j) of the
Export Administration Act of 1979, to have repeatedly
provided support for acts of international terrorism.
SEC. 1314.\16\ AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA
DEBT OBLIGATIONS TO THE UNITED STATES.
(a) Authority To Reduce Debt.--
(1) In general.--Upon the entry into force of a
Russian Federation Nonproliferation Investment
Agreement, the President may reduce amounts of Soviet-
era debt owed by the Russian Federation to the United
States (or any agency or instrumentality of the United
States) that are outstanding as of the last day of the
fiscal year preceding the fiscal year for which
appropriations are available for the reduction of debt,
in accordance with this subtitle.
(2) Limitation.--The authority provided by paragraph
(1) 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
reducing any debt pursuant to such subsection are made
in advance.
(3) Supersedes existing law.--The authority provided
by paragraph (1) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961
(22 U.S.C. 2370(r)) or section 321 of the International
Development and Food Assistance Act of 1975.
(b) Implementation.--
(1) Delegation of authority.--The President may
delegate any authority conferred upon the President in
this subtitle to the Secretary of State.
(2) Establishment of terms and conditions.--
Consistent with this subtitle, the President shall
establish the terms and conditions under which loans
and credits may be reduced pursuant to subsection (a).
(3) Implementation.--In exercising the authority of
subsection (a), the President--
(A) shall notify--
(i) the Department of State, with
respect to obligations of the former
Soviet Union under the Lend Lease Act
of 1941; and
(ii) the Commodity Credit
Corporation, with respect to
obligations of the former Soviet Union
under the Commodity Credit Corporation
Act;
(B) shall direct the cancellation of old
obligations and the substitution of new
obligations consistent with the Russian
Federation Nonproliferation Investment
Agreement; and
(C) shall direct the appropriate agency to
make an adjustment in the relevant accounts to
reflect the new debt treatment.
(4) Deposit of repayments.--All repayments of
outstanding loan amounts under subsection (a) that are
not designated under a Russian Federation
Nonproliferation Investment Agreement shall be
deposited in the United States Government accounts
established for repayments of the original obligations.
(5) Not treated as foreign assistance.--Any reduction
of Soviet-era debt pursuant to this subtitle shall not
be considered assistance for the purposes of any
provision of law limiting assistance to a country.
(c) Authorization of Appropriation.--
(1) In general.--For the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990) of
modifying any Soviet-era debt obligation pursuant to
subsection (a), there are authorized to be appropriated
to the President such sums as may be necessary.
(2) Availability of funds.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain
available until expended.
SEC. 1315.\16\ RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT
AGREEMENT.
(a) In General.--
(1) In general.--The President is authorized to enter
into an agreement with the Russian Federation under
which an amount equal to the value of the debt reduced
pursuant to section 1314 will be used to promote the
nonproliferation of weapons of mass destruction and the
means of delivering such weapons. An agreement entered
into under this section may be referred to as the
``Russian Federation Nonproliferation Investment
Agreement''.
(2) Congressional notification.--The President shall
notify the appropriate congressional committees at
least 15 days in advance of the United States entering
into a Russian Federation Nonproliferation Investment
Agreement.
(b) Content of the Agreement.--The Russian Federation
Nonproliferation Investment Agreement shall ensure that--
(1) an amount equal to the value of the debt reduced
pursuant to this subtitle will be made available by the
Russian Federation for agreed nonproliferation programs
and projects;
(2) each program or project funded pursuant to the
Agreement will be approved by the President;
(3) the administration and oversight of
nonproliferation programs and projects will incorporate
best practices from established threat reduction and
nonproliferation assistance programs;
(4) each program or project funded pursuant to the
Agreement will be subject to monitoring and audits
conducted by or for the United States Government to
confirm that agreed funds are expended on agreed
projects and meet agreed targets and benchmarks;
(5) unobligated funds for investments pursuant to the
Agreement will not be diverted to other purposes;
(6) funds allocated to programs and projects pursuant
to the Agreement will not be subject to any taxation by
the Russian Federation;
(7) all matters relating to the intellectual property
rights and legal liabilities of United States firms in
any project will be agreed upon before the expenditure
of funds would be authorized for that project; and
(8) not less than 75 percent of the funds made
available for each nonproliferation program or project
under the Agreement will be spent in the Russian
Federation.
(c) Use of Existing Mechanisms.--It is the sense of
Congress that, to the extent practicable, the boards and
administrative mechanisms of existing threat reduction and
nonproliferation programs should be used in the administration
and oversight of programs and projects under the Agreement.
(d) Joint Auditing.--It is the sense of Congress that the
United States and the Russian Federation should consider
commissioning the United States General Accounting Office and
the Russian Chamber of Accounts to conduct joint audits to
ensure that the funds saved by the Russian Federation as a
result of any debt reduction are used exclusively, efficiently,
and effectively to implement agreed programs or projects
pursuant to the Agreement.
(e) Structure of the Agreement.--It is the sense of
Congress that the Agreement should provide for significant
penalties--
(1) if funds obligated for approved programs or
projects are determined to have been misappropriated;
and
(2) if the President is unable to make the
certification required by section 1317(a) for two
consecutive years.
SEC. 1316.\16\ INDEPENDENT MEDIA AND THE RULE OF LAW.
Notwithstanding section 1315 (a)(1) and (b)(1), up to 10
percent of the amount equal to the value of the debt reduced
pursuant to this subtitle may be used to promote a vibrant,
independent media sector and the rule of law in the Russian
Federation through an endowment to support the establishment of
a ``Center for an Independent Press and the Rule of Law'' in
the Russian Federation, which shall be directed by a joint
United States-Russian Board of Directors in which the majority
of members, including the chairman, shall be United States
personnel, and which shall be responsible for management of the
endowment, its funds, and the Center's programs.
SEC. 1317.\16\ RESTRICTION ON DEBT REDUCTION AUTHORITY.
(a) Proliferation to State Sponsors of Terrorism.--Subject
to the provisions of subsection (c), the debt reduction
authority provided by section 1314 may not be exercised unless
and until the President certifies to the appropriate
congressional committees that the Russian Federation has made
material progress in stemming the flow of sensitive goods,
technologies, material, and know-how related to the design,
development, and production of weapons of mass destruction and
the means to deliver them to state sponsors of international
terrorism.
(b) Annual Determination.--If, in any annual report to
Congress submitted pursuant to section 1321, the President
cannot certify that the Russian Federation continues to meet
the condition required in subsection (a), then, subject to the
provisions of subsection (c), the debt reduction authority
provided by section 1314 may not be exercised unless and until
such certification is made to the appropriate congressional
committees.
(c) Presidential Waiver.--The President may waive the
requirements of subsection (a) or (b) for a fiscal year if the
President--
(1) determines that application of the subsection for
a fiscal year would be counter to the national interest
of the United States; and
(2) so reports to the appropriate congressional
committees.
SEC. 1318.\16\ DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR
NONPROLIFERATION WITH OTHER CREDITOR STATES.
It is the sense of Congress that the President and such
other appropriate officials as the President may designate
should pursue discussions with other creditor states with the
objectives of--
(1) ensuring that other advanced industrial
democracies, especially the largest holders of Soviet-
era Russian debt, dedicate significant proportions of
their bilateral official debt with the Russian
Federation or equivalent amounts of direct assistance
to the G-8 Global Partnership against the Spread of
Weapons and Materials of Mass Destruction, as agreed
upon in the Statement by G-8 Leaders on June 27, 2002;
and
(2) reaching agreement, as appropriate, to establish
a unified Russian Federation official debt reduction
fund to manage and provide financial transparency for
the resources provided by creditor states through debt
reductions.
SEC. 1319.\16\ IMPLEMENTATION OF UNITED STATES POLICY.
It is the sense of Congress that implementation of debt-
for-nonproliferation programs with the Russian Federation
should be overseen by the coordinating mechanism established
pursuant to section 1334 of this Act.
SEC. 1320.\16\ CONSULTATIONS WITH CONGRESS.
The President shall consult with the appropriate
congressional committees on a periodic basis to review the
implementation of this subtitle and the Russian Federation's
eligibility for debt reduction pursuant to this subtitle.
SEC. 1321.\16\ ANNUAL REPORTS TO CONGRESS.
Not later than December 31, 2003, and not later than
December 31 of each year thereafter, the President shall
prepare and transmit to Congress a report concerning actions
taken to implement this subtitle during the fiscal year
preceding the fiscal year in which the report is transmitted.
The report on a fiscal year shall include--
(1) a description of the activities undertaken
pursuant to this subtitle during the fiscal year;
(2) a description of the nature and amounts of the
loans reduced pursuant to this subtitle during the
fiscal year;
(3) a description of any agreement entered into under
this subtitle;
(4) a description of the progress during the fiscal
year of any projects funded pursuant to this subtitle;
(5) a summary of the results of relevant audits
performed in the fiscal year; and
(6) a certification, if appropriate, that the Russian
Federation continued to meet the condition required by
section 1317(a), and an explanation of why the
certification was or was not made.
Subtitle C--Nonproliferation Assistance Coordination
SEC. 1331.\17\ SHORT TITLE.
This subtitle may be cited as the ``Nonproliferation
Assistance Coordination Act of 2002''.
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\17\ 50 U.S.C. 2301 note.
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SEC. 1332.\18\ FINDINGS.
Congress finds that--
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\18\ 50 U.S.C. 2357.
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(1) United States nonproliferation efforts in the
independent states of the former Soviet Union have
achieved important results in ensuring that weapons of
mass destruction, weapons-usable material and
technology, and weapons-related knowledge remain beyond
the reach of terrorists and weapons-proliferating
states;
(2) although these efforts are in the United States
national security interest, the effectiveness of these
efforts has suffered from a lack of coordination within
and among United States Government agencies;
(3) increased spending and investment by the United
States private sector on nonproliferation efforts in
the independent states of the former Soviet Union,
specifically, spending and investment by the United
States private sector in job creation initiatives and
proposals for unemployed Russian Federation weapons
scientists and technicians, are making an important
contribution in ensuring that knowledge related to
weapons of mass destruction remains beyond the reach of
terrorists and weapons-proliferating states; and
(4) increased spending and investment by the United
States private sector on nonproliferation efforts in
the independent states of the former Soviet Union make
advisable the establishment of a coordinating body to
ensure that United States public and private efforts
are not in conflict, and to ensure that public spending
on efforts by the independent states of the former
Soviet Union is maximized to ensure efficiency and
further United States national security interests.
SEC. 1333.\19\ DEFINITIONS.
(a) Independent States of the Former Soviet Union.--In this
subtitle, the term ``independent states of the former Soviet
Union'' has the meaning given the term in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801).
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\19\ 50 U.S.C. 2357a.
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(b) Appropriate Committees of Congress.--In this subtitle,
the term ``the appropriate committees of Congress'' means the
Committees on Foreign Relations, Armed Services, and
Appropriations of the Senate and the Committees on
International Relations, Armed Services, and Appropriations of
the House of Representatives.
SEC. 1334.\20\ ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION
ASSISTANCE.
(a) In General.--The President shall establish a mechanism
to coordinate, with the maximum possible effectiveness and
efficiency, the efforts of United States Government departments
and agencies engaged in formulating policy and carrying out
programs for achieving nonproliferation and threat reduction.
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\20\ 50 U.S.C. 2357b.
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(b) Membership.--The coordination mechanism established
pursuant to subsection (a) shall include--
(1) representatives designated by--
(A) the Secretary of State;
(B) the Secretary of Defense;
(C) the Secretary of Energy;
(D) the Secretary of Commerce;
(E) the Attorney General; and
(F) the Director of the Office of Homeland
Security, or the head of a successor department
or agency; and
(2) such other executive branch officials as the
President may select.
(c) Level of Representation.--To the maximum extent
possible, each department or agency's representative designated
pursuant to subsection (b)(1) shall be an official of that
department or agency who has been appointed by the President
with the advice and consent of the Senate.
(d) Chair.--The President shall designate an official to
direct the coordination mechanism established pursuant to
subsection (a). The official so designated may invite the head
of any other department or agency of the United States to
designate a representative of that department or agency to
participate from time to time in the activities of the
Committee.
SEC. 1335.\21\ PURPOSES AND AUTHORITY.
(a) Purposes.--
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\21\ 50 U.S.C. 2357c.
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(1) In general.--The primary purpose of the
coordination mechanism established pursuant to section
1334 of this Act should be--
(A) to exercise continuing responsibility for
coordinating worldwide United States
nonproliferation and threat reduction efforts
to ensure that they effectively implement
United States policy; and
(B) to enhance the ability of participating
departments and agencies to anticipate growing
nonproliferation areas of concern.
(2) Program monitoring and coordination.--The
coordination mechanism established pursuant to section
1334 of this Act should have primary continuing
responsibility within the executive branch of the
Government for--
(A) United States nonproliferation and threat
reduction efforts, and particularly such
efforts in the independent states of the former
Soviet Union; and
(B) coordinating the implementation of United
States policy with respect to such efforts.
(b) Authority.--In carrying out the responsibilities
described in subsection (a), the coordination mechanism
established pursuant to section 1334 of this Act should have,
at a minimum, the authority to--
(1) establish such subcommittees and working groups
as it deems necessary;
(2) direct the preparation of analyses on issues and
problems relating to coordination within and among
United States departments and agencies on
nonproliferation and threat reduction efforts;
(3) direct the preparation of analyses on issues and
problems relating to coordination between the United
States public and private sectors on nonproliferation
and threat reduction efforts, including coordination
between public and private spending on nonproliferation
and threat reduction programs and coordination between
public spending and private investment in defense
conversion activities of the independent states of the
former Soviet Union;
(4) provide guidance on arrangements that will
coordinate, deconflict, and maximize the utility of
United States public spending on nonproliferation and
threat reduction programs, and particularly such
efforts in the independent states of the former Soviet
Union;
(5) encourage companies and nongovernmental
organizations involved in nonproliferation efforts of
the independent states of the former Soviet Union or
other countries of concern to voluntarily report these
efforts to it;
(6) direct the preparation of analyses on issues and
problems relating to the coordination between the
United States and other countries with respect to
nonproliferation efforts, and particularly such efforts
in the independent states of the former Soviet Union;
and
(7) consider, and make recommendations to the
President with respect to, proposals for such new
legislation or regulations relating to United States
nonproliferation efforts as may be necessary.
SEC. 1336.\22\ ADMINISTRATIVE SUPPORT.
All United States departments and agencies shall provide,
to the extent permitted by law, such information and assistance
as may be requested by the coordination mechanism established
pursuant to section 1334 of this Act, in carrying out its
functions and activities under this subtitle.
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\22\ 50 U.S.C. 2357d.
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SEC. 1337.\23\ CONFIDENTIALITY OF INFORMATION.
Information which has been submitted to or received by the
coordination mechanism established pursuant to section 1334 of
this Act in confidence shall not be publicly disclosed, except
to the extent required by law, and such information shall be
used by it only for the purpose of carrying out the functions
set forth in this subtitle.
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\23\ 50 U.S.C. 2357e.
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SEC. 1338.\24\ STATUTORY CONSTRUCTION.
Nothing in this subtitle--
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\24\ 50 U.S.C. 2357f.
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(1) applies to the data-gathering, regulatory, or
enforcement authority of any existing United States
department or agency over nonproliferation efforts in
the independent states of the former Soviet Union, and
the review of those efforts undertaken by the
coordination mechanism established pursuant to section
1334 of this Act shall not in any way supersede or
prejudice any other process provided by law; or
(2) applies to any activity that is reportable
pursuant to title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.).
SEC. 1339.\25\ REPORTING AND CONSULTATION.
(a) Presidential Report.--Not later than 120 days after
each inauguration of a President, the President shall submit a
report to the Congress on his general and specific
nonproliferation and threat reduction objectives and how the
efforts of executive branch agencies will be coordinated most
effectively, pursuant to section 1334 of this Act, to achieve
those objectives.
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\25\ 50 U.S.C. 2357g.
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(b) Consultation.--The President should consult with and
brief, from time to time, the appropriate committees of
Congress regarding the efficacy of the coordination mechanism
established pursuant to section 1334 of this Act in achieving
its stated objectives.
Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002
SEC. 1341.\26\ SHORT TITLE.
This subtitle may be cited as the ``Iran Nuclear
Proliferation Prevention Act of 2002''.
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\26\ 22 U.S.C. 2021 note.
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SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL
ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN
IRAN.
Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) is amended by adding at the end the following: * *
*
SEC. 1343.\27\ ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND
PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY AGENCY;
UNITED STATES OPPOSITION TO CERTAIN PROGRAMS AND
PROJECTS OF THE AGENCY.
(a) Annual Review.--
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\27\ 22 U.S.C. 2027.
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(1) In general.--The Secretary shall undertake a
comprehensive annual review of all programs and
projects of the International Atomic Energy Agency
(IAEA) in the countries described in section 307(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a))
and shall determine if such programs and projects are
consistent with United States nuclear nonproliferation
and safety goals.
(2) Report.--Not later than one year after the date
of enactment of this Act, and on an annual basis
thereafter for five years, the Secretary shall submit
to Congress a report containing the results of the
review under paragraph (1).
(b) Opposition To Certain Programs and Projects of
International Atomic Energy Agency.--The Secretary shall direct
the United States representative to the International Atomic
Energy Agency to oppose programs of the Agency that are
determined by the Secretary under the review conducted under
subsection (a)(1) to be inconsistent with nuclear
nonproliferation and safety goals of the United States.
SEC. 1344.\28\ REPORTING REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, and on an annual basis thereafter for
five years, the Secretary, in consultation with the United
States representative to the International Atomic Energy
Agency, shall prepare and submit to Congress a report that
contains--
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\28\ 22 U.S.C. 2021 note.
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(1) a description of the total amount of annual
assistance to Iran from the International Atomic Energy
Agency;
(2) a list of Iranian officials in leadership
positions at the Agency;
(3) the expected timeframe for the completion of the
nuclear power reactors at the Bushehr nuclear power
plant;
(4) a summary of the nuclear materials and technology
transferred to Iran from the Agency in the preceding
year that could assist in the development of Iran's
nuclear weapons program; and
(5) a description of all programs and projects of the
International Atomic Energy Agency in each country
described in section 307(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2227(a)) and any inconsistencies
between the technical cooperation and assistance
programs and projects of the Agency and United States
nuclear nonproliferation and safety goals in those
countries.
(b) Additional Requirement.--The report required to be
submitted under subsection (a) shall be submitted in an
unclassified form, to the extent appropriate, but may include a
classified annex.
SEC. 1345. SENSE OF CONGRESS.
It is the sense of Congress that the President should
pursue internal reforms at the International Atomic Energy
Agency that will ensure that all programs and projects funded
under the Technical Cooperation and Assistance Fund of the
Agency are compatible with United States nuclear
nonproliferation policy and international nuclear
nonproliferation norms.
TITLE XIV--EXPEDITING THE MUNITIONS LICENSING PROCESS
SEC. 1401. LICENSE OFFICER STAFFING.
(a) Funding.--Of the amount authorized to be appropriated
by section 111(a)(1)(A), $10,000,000 is authorized to be
available for salaries and expenses of the Office of Defense
Trade Controls of the Department.
(b) Assignment of License Review Officers.--Effective
January 1, 2003, the Secretary shall assign to the Office of
Defense Trade Controls of the Department a sufficient number of
license review officers to ensure that the average weekly
caseload for each officer does not routinely exceed 40.
(c) Detailees.--Given the priority placed on expedited
license reviews in recent years by the Department of Defense,
the Secretary of Defense should ensure that 10 military
officers are continuously detailed to the Office of Defense
Trade Controls of the Department of State on a nonreimbursable
basis.
SEC. 1402. FUNDING FOR DATABASE AUTOMATION.
Of the amount authorized to be appropriated by section
111(a)(2), $4,000,000 is authorized to be available for the
Office of Defense Trade Controls of the Department for the
modernization of information management systems.
SEC. 1403.\29\ INFORMATION MANAGEMENT PRIORITIES.
(a) Objective.--The Secretary shall establish a secure,
Internet-based system for the filing and review of applications
for export of Munitions List items.
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\29\ 22 U.S.C. 2778 note.
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(b) Establishment of an Electronic System.--Of the amount
made available pursuant to section 1402 of this Act, $3,000,000
is authorized to be available to fully automate the Defense
Trade Application System, and to ensure that the system--
(1) is a secure, electronic system for the filing and
review of Munitions List license applications;
(2) is accessible by United States companies through
the Internet for the purpose of filing and tracking
their Munitions List license applications; and
(3) is capable of exchanging data with--
(A) the Export Control Automated Support
System of the Department of Commerce;
(B) the Foreign Disclosure and Technology
Information System and the USXPORTS systems of
the Department of Defense;
(C) the Export Control System of the Central
Intelligence Agency; and
(D) the Proliferation Information Network
System of the Department of Energy.
(c) Munitions List Defined.--In this section, the term
``Munitions List'' means the United States Munitions List of
defense articles and defense services controlled under section
38 of the Arms Export Control Act (22 U.S.C. 2778).
SEC. 1404. IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM.
(a)\30\ Contribution to the Automated Export System.--Of
the amount provided under section 1402 of this Act, $250,000 is
authorized to be available for the purpose of--
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\30\ 13 U.S.C. 301 note.
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(1) providing the Department with full access to the
Automated Export System;
(2) ensuring that the system is modified to meet the
needs of the Department, if such modifications are
consistent with the needs of other United States
Government agencies; and
(3) providing operational support.
(b) \30\ Mandatory Filing.--The Secretary of Commerce, with
the concurrence of the Secretary of State and the Secretary of
Treasury, shall publish regulations in the Federal Register to
require, upon the effective date of those regulations, that all
persons who are required to file export information under
chapter 9 of title 13, United States Code, file such
information through the Automated Export System.
(c) \30\ Requirement for Information Sharing.--The
Secretary shall conclude an information-sharing arrangement
with the heads of the United States Customs Service and the
Census Bureau--
(1) to allow the Department to access information on
controlled exports made through the United States
Postal Service; and
(2) to adjust the Automated Export System to parallel
information currently collected by the Department.
(d) Secretary of Treasury Functions.--Section 303 of title
13, United States Code, is amended by striking ``, other than
by mail,''.
(e) Filing Export Information, Delayed Filings, Penalties
for Failure To File.--Section 304 of title 13, United States
Code, is amended--* * *
(f) Additional Penalties.--
(1) In general.--Section 305 of title 13, United
States Code, is amended to read as follows:
``SEC. 305. PENALTIES FOR UNLAWFUL EXPORT INFORMATION ACTIVITIES. * *
*''.
SEC. 1405. ADJUSTMENT OF THRESHOLD AMOUNTS FOR CONGRESSIONAL REVIEW
PURPOSES.
(a) In General.--The Arms Export Control Act is amended--*
* * \31\
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\31\ Sec. 1405(a) amended the Arms Export Control Act at secs.
3(d), 36, 47, and 63(a)
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(b) Licenses for Exports to India and Pakistan.--Section
9001(e) of the Department of Defense Appropriations Act, Fiscal
Year 2000 (Public Law 106-79) is amended by adding at the end
the following: ``The application of these requirements shall be
subject to the dollar amount thresholds specified in that
section.''.
SEC. 1406. CONGRESSIONAL NOTIFICATION OF REMOVAL OF ITEMS FROM THE
MUNITIONS LIST.
Section 38(f)(1) of the Arms Export Control Act (22 U.S.C.
778(f)(1)) is amended by striking the third sentence and
inserting the following: ``The President may not remove any
item from the Munitions List until 30 days after the date on
which the President has provided notice of the proposed removal
to the Committee on International Relations of the House of
Representatives and to the Committee on Foreign Relations of
the Senate in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961. Such notice shall describe the
nature of any controls to be imposed on that item under any
other provision of law.''.
TITLE XV--NATIONAL SECURITY ASSISTANCE STRATEGY
SEC. 1501. BRIEFING ON THE STRATEGY.
Not later than March 31, 2003, officials of the Department
and the Department of Defense shall brief the appropriate
congressional committees regarding their plans and progress in
formulating and implementing a national security assistance
strategy. This briefing shall include--
(1) a description of how, and to what extent, the
elements of the strategy recommended in section 501(b)
of the Security Assistance Act of 2000 (22 U.S.C.
2305(b)) have been or will be incorporated in security
assistance plans and decisions;
(2) the number of out-years considered in the
strategy;
(3) a description of the actions taken to include the
programs listed in section 501(c) of the Security
Assistance Act of 2000 (22 U.S.C. 2305(c)), as well as
similar programs of military training or other
assistance to the military or security forces of a
foreign country;
(4) a description of how a national security
assistance strategy is being implemented regarding
specific countries;
(5) a description of any programmatic changes adopted
or expected as a result of adopting a strategic
approach to security assistance policymaking;
(6) a description of any obstacles encountered in
formulating or implementing a national security
assistance strategy; and
(7) a description of any resource or legislative
needs highlighted by this process.
SEC. 1502. SECURITY ASSISTANCE SURVEYS.
(a) Utilization.--The Secretary should utilize security
assistance surveys in preparation of a national security
assistance strategy pursuant to section 501 of the Security
Assistance Act of 2000 (22 U.S.C. 2305).
(b) Funding.--Of the amount made available for the fiscal
year 2003 under section 23 of the Arms Export Control Act (22
U.S.C. 2763), $2,000,000 is authorized to be available to the
Secretary to conduct security assistance surveys, or to request
such surveys, on a reimbursable basis, by the Department of
Defense or other United States Government agencies. Such
surveys shall be conducted consistent with the requirements of
section 26 of the Arms Export Control Act (22 U.S.C. 2766).
TITLE XVI--MISCELLANEOUS PROVISIONS
SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.
(a) United States Policy.--It shall be the policy of the
United States, consistent with its obligations under the Treaty
on the Non-Proliferation of Nuclear Weapons (21 U.S.T. 483), to
encourage and work with the governments of India and Pakistan
to achieve the following objectives by September 30, 2003:
(1) Continuation of a nuclear testing moratorium.
(2) Commitment not to deploy nuclear weapons.
(3) Commitment not to deploy ballistic missiles that
can carry nuclear weapons and to restrain the ranges
and types of missiles developed or deployed.
(4) Agreement by both governments to bring their
export controls in accord with the guidelines and
requirements of the Nuclear Suppliers Group.
(5) Agreement by both governments to bring their
export controls in accord with the guidelines and
requirements of the Zangger Committee.
(6) Agreement by both governments to bring their
export controls in accord with the guidelines,
requirements, and annexes of the Missile Technology
Control Regime.
(7) Establishment of a modern, effective system to
control the export of sensitive dual-use items,
technology, technical information, and materiel that
can be used in the design, development, or production
of weapons of mass destruction and ballistic missiles.
(8) Conduct of bilateral meetings between Indian and
Pakistani senior officials to discuss security issues
and establish confidence-building measures with respect
to nuclear policies and programs.
(b) Further United States Policy.--It shall also be the
policy of the United States, consistent with its obligations
under the Treaty on the Nonproliferation of Nuclear Weapons (21
U.S.T. 483), to encourage, and, where appropriate, to work
with, the Governments of India and Pakistan to achieve not
later than September 30, 2003, the establishment by those
governments of modern, effective systems to protect and secure
their nuclear devices and materiel from unauthorized use,
accidental employment, or theft. Any such dialogue with India
or Pakistan would not be represented or considered, nor would
it be intended, as granting any recognition to India or
Pakistan, as appropriate, as a nuclear weapon state (as defined
in the Treaty on the Non-Proliferation of Nuclear Weapons).
(c) Report.--Not later than March 1, 2003, the President
shall submit to the appropriate congressional committees a
report describing United States efforts to achieve the
objectives listed in subsections (a) and (b), the progress made
toward the achievement of those objectives, and the likelihood
that each objective will be achieved by September 30, 2003.
SEC. 1602.\32\ REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL DATA.
The head of the Air Force Technical Applications Center
shall make available to the public, immediately upon receipt or
as soon after receipt as is practicable, all raw seismological
data provided to the United States Government by any
international monitoring organization that is directly
responsible for seismological monitoring.
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\32\ 42 U.S.C. 7704 note.
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SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL TO
INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
ORGANIZATIONS.
(a) In General.--The Secretary, in consultation with the
Secretaries of Defense and Energy and the heads of other
relevant United States departments and agencies, as
appropriate, should develop measures to improve the process by
which United States Government personnel may be detailed to
international arms control and nonproliferation organizations
without adversely affecting the pay or career advancement of
such personnel.
(b) Report Required.--Not later than May 1, 2003, the
Secretary shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives setting forth the
measures taken under subsection (a).
SEC. 1604.\33\ DIPLOMATIC PRESENCE OVERSEAS.
(a) Purpose.--The purpose of this section is to--
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\33\ 22 U.S.C. 2655b.
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(1) elevate the stature given United States
diplomatic initiatives relating to nonproliferation and
political-military issues; and
(2) develop a group of highly specialized, technical
experts with country expertise capable of administering
the nonproliferation and political-military affairs
functions of the Department.
(b) Authority.--To carry out the purposes of subsection
(a), the Secretary is authorized to establish the position of
Counselor for Nonproliferation and Political Military Affairs
in United States diplomatic missions overseas, to be filled by
individuals who are career Civil Service officers or Foreign
Service officers committed to follow-on assignments in the
Nonproliferation Bureau or the Political Military Affairs
Bureau of the Department.
(c) Training.--After being selected to serve as Counselor,
any person so selected shall spend not less than 10 months in
language training courses at the Foreign Service Institute, or
in technical courses administered by the Department of Defense,
the Department of Energy, or other appropriate departments and
agencies of the United States, except that such requirement for
training may be waived by the Secretary.
SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.
(a) Findings.--Congress makes the following findings:
(1) On April 24, 1997, the Senate provided its advice
and consent to ratification of the Chemical Weapons
Convention subject to the condition, among others, that
the President certify that no sample collected in the
United States pursuant to the Convention will be
transferred for analysis to any laboratory outside the
territory of the United States.
(2) Congress enacted the same condition into law as
section 304(f)(1) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6724(f)(1)).
(3) Part II, paragraph 57, of the Verification Annex
of the Convention requires that all samples requiring
off-site analysis under the Convention shall be
analyzed by at least two laboratories that have been
designated as capable of conducting such testing by the
OPCW.
(4) The only United States laboratory currently
designated by the OPCW is the United States Army
Edgewood Forensic Science Laboratory.
(5) In order to comply with the Chemical Weapons
Convention, the certification submitted pursuant to
condition (18) of the resolution of ratification of the
Chemical Weapons Convention, and the requirements of
section 304(f)(1) of the Chemical Weapons Convention
Implementation Act of 1998 (22 U.S.C. 6724(f)(1)), the
United States must possess, at a minimum, a second
OPCW-designated laboratory.
(6) The possession of a second OPCW-designated
laboratory is necessary in view of the potential for a
challenge inspection to be initiated against the United
States by a foreign nation.
(7) The possession of a third OPCW-designated
laboratory would enable the OPCW to implement its
normal sample analysis procedures, which randomly
assign real and manufactured samples so that no
laboratory knows the origin of a given sample.
(8) To qualify as a designated laboratory, a
laboratory must be certified under ISO Guide 25 or a
higher standard and complete three proficiency tests.
The laboratory must have the full capability to handle
substances listed on Schedule 1 of the Annex on
Schedules of Chemicals of the Chemical Weapons
Convention. In order to handle such substances in the
United States, a laboratory also must operate under a
bailment agreement with the United States Army.
(9) Several existing United States commercial
laboratories have approved quality control systems,
already possess bailment agreements with the United
States Army, and have the capabilities necessary to
obtain OPCW designation.
(10) In order to bolster the legitimacy of United
States analysis of samples taken on its national
territory, it is preferable that one designated
laboratory not be a United States Government facility.
(b) Establishment of Non-Governmental Designated
Laboratory.--
(1) Report.--Not later than March 1, 2003, the United
States National Authority, as designated under section
101 of the Chemical Weapons Convention Implementation
Act of 1998 (22 U.S.C. 6711) (referred to in this
section as the ``National Authority''), shall submit to
the appropriate congressional committees a report
detailing a plan for securing OPCW designation of a
nongovernmental United States laboratory by December 1,
2004.
(2) Directive.--Not later than June 1, 2003, the
National Authority shall select, through competitive
procedures, a nongovernmental laboratory within the
United States to pursue designation by the OPCW.
(3) Delegation.--The National Authority may delegate
the authority and administrative responsibility for
carrying out paragraph (2) to one or more of the heads
of the agencies described in section 101(b)(2) of the
Chemical Weapons Convention Implementation Act of 1998
(22 U.S.C. 6711(b)(2)).
(c) Definitions.--In this section:
(1) Chemical weapons convention or convention.--The
term ``Chemical Weapons Convention'' or ``Convention''
means the Convention on the Prohibition of Development,
Production, Stockpiling and Use of Chemical Weapons and
on Their Destruction, Opened for Signature and Signed
by the United States at Paris on January 13, 1993,
including the following protocols and memorandum of
understanding:
(A) The Annex on Chemicals.
(B) The Annex on Implementation and
Verification.
(C) The Annex on the Protection of
Confidential Information.
(D) The Resolution Establishing the
Preparatory Commission for the Organization for
the Prohibition of Chemical Weapons.
(E) The Text on the Establishment of a
Preparatory Commission.
(2) OPCW.--The term ``OPCW'' means the Organization
for the Prohibition of Chemical Weapons established
under the Convention.
TITLE XVII--AUTHORITY TO TRANSFER NAVAL VESSELS
SEC. 1701. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN
COUNTRIES.
(a) Transfers by Grant.--The President is authorized to
transfer vessels to foreign countries on a grant basis under
section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j) as follows:
(1) Poland.--To the Government of Poland, the OLIVER
HAZARD PERRY class guided missile frigate WADSWORTH
(FFG 9).
(2) Turkey.--To the Government of Turkey, the KNOX
class frigates CAPODANNO (FF 1093), THOMAS C. HART (FF
1092), DONALD B. BEARY (FF 1085), McCANDLESS (FF 1084),
REASONER (FF 1063), and BOWEN (FF 1079).
(b) Transfers by Sale.--The President is authorized to
transfer vessels to foreign governments and foreign
governmental entities on a sale basis under section 21 of the
Arms Export Control Act (22 U.S.C. 2761) as follows:
(1) Mexico.--To the Government of Mexico, the NEWPORT
class tank landing ship FREDERICK (LST 1184).
(2) Taiwan.--To the Taipei Economic and Cultural
Representative Office in the United States (which is
the Taiwan instrumentality designated pursuant to
section 10(a) of the Taiwan Relations Act), the KIDD
class guided missile destroyers KIDD (DDG 993),
CALLAGHAN (DDG 994), SCOTT (DDG 995), and CHANDLER (DDG
996).
(3) Turkey.--To the Government of Turkey, the OLIVER
HAZARD PERRY class guided missile frigates ESTOCIN (FFG
15) and SAMUEL ELIOT MORISON (FFG 13).
(c) Grants Not Counted in Annual Total 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 subsection (a) shall not be counted for
the purposes of subsection (g) of that section in the aggregate
value of excess defense articles transferred to countries under
that section in any fiscal year.
(d) Costs of Transfers on Grant Basis.--Any expense
incurred by the United States in connection with a transfer
authorized by this section shall be charged to the recipient
(notwithstanding section 516(e)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(e)(1))) in the case of a transfer
authorized to be made on a grant basis under subsection (a).
(e) Waiver Authority.--For a vessel transferred on a grant
basis pursuant to authority provided by subsection (a)(2), the
President may waive reimbursement of charges for the lease of
that vessel under section 61(a) of the Arms Export Control Act
(22 U.S.C. 2796(a)) for a period of one year before the date of
the transfer of that vessel.
(f) 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 this section,
that the country to which the vessel is transferred have such
repair or refurbishment of the vessel as is needed, before the
vessel joins the naval forces of that country, performed at a
shipyard located in the United States, including a United
States Navy shipyard.
(g) Expiration of Authority.--The authority to transfer a
vessel under this section shall expire at the end of the two-
year period beginning on the date of the enactment of this Act.
i. Gerald B. H. Solomon Freedom Consolidation Act of 2002 \1\
Public Law 107-187 [H.R. 3167], 116 Stat. 590, approved June 10, 2002
AN ACT To endorse the vision of further enlargement of the NATO
Alliance articulated by President George W. Bush on June 15, 2001, and
by former President William J. Clinton on October 22, 1996, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congres assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gerald B. H. Solomon Freedom
Consolidation Act of 2002''.
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\1\ 22 U.S.C. 1928 note.
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SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) In the NATO Participation Act of 1994 (title II
of Public Law 103-447; 22 U.S.C. 1928 note), Congress
declared that ``full and active participants in the
Partnership for Peace in a position to further the
principles of the North Atlantic Treaty and to
contribute to the security of the North Atlantic area
should be invited to become full NATO members in
accordance with Article 10 of such Treaty at an early
date . . .''.
(2) In the NATO Enlargement Facilitation Act of 1996
(title VI of section 101(c) of title I of division A of
Public Law 104-208; 22 U.S.C. 1928 note), Congress
called for the prompt admission of Poland, Hungary, the
Czech Republic, and Slovenia to NATO, and declared that
``in order to promote economic stability and security
in Slovakia, Estonia, Latvia, Lithuania, Romania,
Bulgaria, Albania, Moldova, and Ukraine . . . the
process of enlarging NATO to include emerging
democracies in Central and Eastern Europe should not be
limited to consideration of admitting Poland, Hungary,
the Czech Republic, and Slovenia as full members of the
NATO Alliance''.
(3) In the European Security Act of 1998 (title XXVII
of division G of Public Law 105-277; 22 U.S.C. 1928
note), Congress declared that ``Poland, Hungary, and
the Czech Republic should not be the last emerging
democracies in Central and Eastern Europe invited to
join NATO'' and that ``Romania, Estonia, Latvia,
Lithuania, and Bulgaria . . . would make an outstanding
contribution to furthering the goals of NATO and
enhancing stability, freedom, and peace in Europe
should they become NATO members [and] upon complete
satisfaction of all relevant criteria should be invited
to become full NATO members at the earliest possible
date''.
(4) At the Madrid Summit of the NATO Alliance in July
1997, Poland, Hungary, and the Czech Republic were
invited to join the Alliance in the first round of NATO
enlargement, and the NATO heads of state and government
issued a declaration stating ``[t]he Alliance expects
to extend further invitations in coming years to
nations willing and able to assume the responsibilities
and obligations of membership . . . [n]o European
democratic country whose admission would fulfill the
objectives of the [North Atlantic] Treaty will be
excluded from consideration''.
(5) At the Washington Summit of the NATO Alliance in
April 1999, the NATO heads of state and government
issued a communique declaring ``[w]e pledge that NATO
will continue to welcome new members in a position to
further the principles of the [North Atlantic] Treaty
and contribute to peace and security in the Euro-
Atlantic area . . . [t]he three new members will not be
the last . . . [n]o European democratic country whose
admission would fulfill the objectives of the Treaty
will be excluded from consideration, regardless of its
geographic location . . .''.
(6) In late 2002, NATO will hold a summit in Prague,
the Czech Republic, at which it will decide which
additional emerging democracies in Central and Eastern
Europe to invite to join the Alliance in the next round
of NATO enlargement.
(7) In May 2000 in Vilnius, Lithuania, the foreign
ministers of Albania, Bulgaria, Estonia, Latvia,
Lithuania, the Former Yugoslav Republic of Macedonia,
Romania, Slovakia, and Slovenia issued a statement
(later joined by Croatia) declaring that their
countries will cooperate in jointly seeking NATO
membership in the next round of NATO enlargement, that
the realization of NATO membership by one or more of
these countries would be a success for all, and that
eventual NATO membership for all of these countries
would be a success for Europe and NATO.
(8) On June 15, 2001, in a speech in Warsaw, Poland,
President George W. Bush stated ``[a]ll of Europe's new
democracies, from the Baltic to the Black Sea and all
that lie between, should have the same chance for
security and freedom--and the same chance to join the
institutions of Europe--as Europe's old democracies
have . . . I believe in NATO membership for all of
Europe's democracies that seek it and are ready to
share the responsibilities that NATO brings . . . [a]s
we plan to enlarge NATO, no nation should be used as a
pawn in the agenda of others . . . [w]e will not trade
away the fate of free European peoples . . . [n]o more
Munichs . . . [n]o more Yaltas . . . [a]s we plan the
Prague Summit, we should not calculate how little we
can get away with, but how much we can do to advance
the cause of freedom''.
(9) On October 22, 1996, in a speech in Detroit,
Michigan, former President William J. Clinton stated
``NATO's doors will not close behind its first new
members . . . NATO should remain open to all of
Europe's emerging democracies who are ready to shoulder
the responsibilities of membership . . . [n]o nation
will be automatically excluded . . . [n]o country
outside NATO will have a veto . . . [a] gray zone of
insecurity must not reemerge in Europe''.
SEC. 3. DECLARATIONS OF POLICY.
Congress--
(1) reaffirms its previous expressions of support for
continued enlargement of the NATO Alliance contained in
the NATO Participation Act of 1994, the NATO
Enlargement Facilitation Act of 1996, and the European
Security Act of 1998;
(2) supports the commitment to further enlargement of
the NATO Alliance expressed by the Alliance in its
Madrid Declaration of 1997 and its Washington Summit
Communique of 1999; and
(3) endorses the vision of further enlargement of the
NATO Alliance articulated by President George W. Bush
on June 15, 2001, and by former President William J.
Clinton on October 22, 1996, and urges our NATO allies
to work with the United States to realize this vision
at the Prague Summit in 2002.
SEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE ASSISTANCE UNDER THE NATO
PARTICIPATION ACT OF 1994.
(a) In General.--Slovakia is designated as eligible to
receive assistance under the program established under section
203(a) of the NATO Participation Act of 1994 (title II of
Public Law 103-447; 22 U.S.C. 1928 note) and shall be deemed to
have been so designated pursuant to section 203(d)(1) of such
Act.
(b) Rule of Construction.--The designation of Slovakia
pursuant to subsection (a) as eligible to receive assistance
under the program established under section 203(a) of the NATO
Participation Act of 1994--
(1) is in addition to the designation of Poland,
Hungary, the Czech Republic, and Slovenia pursuant to
section 606 of the NATO Enlargement Facilitation Act of
1996 (title VI of section 101(c) of title I of division
A of Public Law 104-208; 22 U.S.C. 1928 note) and the
designation of Romania, Estonia, Latvia, Lithuania, and
Bulgaria pursuant to section 2703(b) of the European
Security Act of 1998 (title XXVII of division G of
Public Law 105-277; 22 U.S.C. 1928 note) as eligible to
receive assistance under the program established under
section 203(a) of the NATO Participation Act of 1994;
and
(2) shall not preclude the designation by the
President of other emerging democracies in Central and
Eastern Europe pursuant to section 203(d)(2) of the
NATO Participation Act of 1994 as eligible to receive
assistance under the program established under section
203(a) of such Act.
SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED
UNDER THE NATO PARTICIPATION ACT OF 1994.
(a) Authorization of Foreign Military Financing.--Of the
amounts made available for fiscal year 2002 under section 23 of
the Arms Export Control Act (22 U.S.C. 2763)--
(1) $6,500,000 is authorized to be available on a
grant basis for Estonia;
(2) $7,000,000 is authorized to be available on a
grant basis for Latvia;
(3) $7,500,000 is authorized to be available on a
grant basis for Lithuania;
(4) $8,500,000 is authorized to be available on a
grant basis for Slovakia;
(5) $4,500,000 is authorized to be available on a
grant basis for Slovenia;
(6) $10,000,000 is authorized to be available on a
grant basis for Bulgaria; and
(7) $11,500,000 is authorized to be available on a
grant basis for Romania.
(b) \2\ Conforming Amendment.--Subsection (a) of section
515 of the Security Assistance Act of 2000 (Public Law 106-280)
is amended by striking paragraphs (1), (5), (6), (7), and (8)
and redesignating paragraphs (2), (3), (4), and (9) as
paragraphs (1) through (4), respectively.
---------------------------------------------------------------------------
\2\ For amended text, see Legislation on Foreign Relations Through
2002, vol. I-B.
j. Trafficking Victims Protection Act of 2000
Division A of Public Law 106-386 [Victims of Trafficking and Violence
Protection Act of 2000; H.R. 3244], 114 Stat. 1464, approved October
28, 2000; amended by Public Law 107-228 [Foreign Relations
Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
AN ACT To combat trafficking in persons, especially into the sex trade,
slavery, and involuntary servitude, to reauthorize certain Federal
programs to prevent violence against women, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
DIVISION A--TRAFFICKING VICTIMS PROTECTION ACT OF 2000
SEC. 101.\1\ SHORT TITLE.
This division may be cited as the ``Trafficking Victims
Protection Act of 2000''.
---------------------------------------------------------------------------
\1\ 22 U.S.C. 7101 note.
---------------------------------------------------------------------------
SEC. 102.\2\ PURPOSES AND FINDINGS.
(a) Purposes.--The purposes of this division are to combat
trafficking in persons, a contemporary manifestation of slavery
whose victims are predominantly women and children, to ensure
just and effective punishment of traffickers, and to protect
their victims.
---------------------------------------------------------------------------
\2\ 22 U.S.C. 7101.
---------------------------------------------------------------------------
(b) Findings.--Congress finds that:
(1) As the 21st century begins, the degrading
institution of slavery continues throughout the world.
Trafficking in persons is a modern form of slavery, and
it is the largest manifestation of slavery today. At
least 700,000 persons annually, primarily women and
children, are trafficked within or across international
borders. Approximately 50,000 women and children are
trafficked into the United States each year.
(2) Many of these persons are trafficked into the
international sex trade, often by force, fraud, or
coercion. The sex industry has rapidly expanded over
the past several decades. It involves sexual
exploitation of persons, predominantly women and girls,
involving activities related to prostitution,
pornography, sex tourism, and other commercial sexual
services. The low status of women in many parts of the
world has contributed to a burgeoning of the
trafficking industry.
(3) Trafficking in persons is not limited to the sex
industry. This growing transnational crime also
includes forced labor and involves significant
violations of labor, public health, and human rights
standards worldwide.
(4) Traffickers primarily target women and girls, who
are disproportionately affected by poverty, the lack of
access to education, chronic unemployment,
discrimination, and the lack of economic opportunities
in countries of origin. Traffickers lure women and
girls into their networks through false promises of
decent working conditions at relatively good pay as
nannies, maids, dancers, factory workers, restaurant
workers, sales clerks, or models. Traffickers also buy
children from poor families and sell them into
prostitution or into various types of forced or bonded
labor.
(5) Traffickers often transport victims from their
home communities to unfamiliar destinations, including
foreign countries away from family and friends,
religious institutions, and other sources of protection
and support, leaving the victims defenseless and
vulnerable.
(6) Victims are often forced through physical
violence to engage in sex acts or perform slavery-like
labor. Such force includes rape and other forms of
sexual abuse, torture, starvation, imprisonment,
threats, psychological abuse, and coercion.
(7) Traffickers often make representations to their
victims that physical harm may occur to them or others
should the victim escape or attempt to escape. Such
representations can have the same coercive effects on
victims as direct threats to inflict such harm.
(8) Trafficking in persons is increasingly
perpetrated by organized, sophisticated criminal
enterprises. Such trafficking is the fastest growing
source of profits for organized criminal enterprises
worldwide. Profits from the trafficking industry
contribute to the expansion of organized crime in the
United States and worldwide. Trafficking in persons is
often aided by official corruption in countries of
origin, transit, and destination, thereby threatening
the rule of law.
(9) Trafficking includes all the elements of the
crime of forcible rape when it involves the involuntary
participation of another person in sex acts by means of
fraud, force, or coercion.
(10) Trafficking also involves violations of other
laws, including labor and immigration codes and laws
against kidnapping, slavery, false imprisonment,
assault, battery, pandering, fraud, and extortion.
(11) Trafficking exposes victims to serious health
risks. Women and children trafficked in the sex
industry are exposed to deadly diseases, including HIV
and AIDS. Trafficking victims are sometimes worked or
physically brutalized to death.
(12) Trafficking in persons substantially affects
interstate and foreign commerce. Trafficking for such
purposes as involuntary servitude, peonage, and other
forms of forced labor has an impact on the nationwide
employment network and labor market. Within the context
of slavery, servitude, and labor or services which are
obtained or maintained through coercive conduct that
amounts to a condition of servitude, victims are
subjected to a range of violations.
(13) Involuntary servitude statutes are intended to
reach cases in which persons are held in a condition of
servitude through nonviolent coercion. In United States
v. Kozminski, 487 U.S. 931 (1988), the Supreme Court
found that section 1584 of title 18, United States
Code, should be narrowly interpreted, absent a
definition of involuntary servitude by Congress. As a
result, that section was interpreted to criminalize
only servitude that is brought about through use or
threatened use of physical or legal coercion, and to
exclude other conduct that can have the same purpose
and effect.
(14) Existing legislation and law enforcement in the
United States and other countries are inadequate to
deter trafficking and bring traffickers to justice,
failing to reflect the gravity of the offenses
involved. No comprehensive law exists in the United
States that penalizes the range of offenses involved in
the trafficking scheme. Instead, even the most brutal
instances of trafficking in the sex industry are often
punished under laws that also apply to lesser offenses,
so that traffickers typically escape deserved
punishment.
(15) In the United States, the seriousness of this
crime and its components is not reflected in current
sentencing guidelines, resulting in weak penalties for
convicted traffickers.
(16) In some countries, enforcement against
traffickers is also hindered by official indifference,
by corruption, and sometimes even by official
participation in trafficking.
(17) Existing laws often fail to protect victims of
trafficking, and because victims are often illegal
immigrants in the destination country, they are
repeatedly punished more harshly than the traffickers
themselves.
(18) Additionally, adequate services and facilities
do not exist to meet victims' needs regarding health
care, housing, education, and legal assistance, which
safely reintegrate trafficking victims into their home
countries.
(19) Victims of severe forms of trafficking should
not be inappropriately incarcerated, fined, or
otherwise penalized solely for unlawful acts committed
as a direct result of being trafficked, such as using
false documents, entering the country without
documentation, or working without documentation.
(20) Because victims of trafficking are frequently
unfamiliar with the laws, cultures, and languages of
the countries into which they have been trafficked,
because they are often subjected to coercion and
intimidation including physical detention and debt
bondage, and because they often fear retribution and
forcible removal to countries in which they will face
retribution or other hardship, these victims often find
it difficult or impossible to report the crimes
committed against them or to assist in the
investigation and prosecution of such crimes.
(21) Trafficking of persons is an evil requiring
concerted and vigorous action by countries of origin,
transit or destination, and by international
organizations.
(22) One of the founding documents of the United
States, the Declaration of Independence, recognizes the
inherent dignity and worth of all people. It states
that all men are created equal and that they are
endowed by their Creator with certain unalienable
rights. The right to be free from slavery and
involuntary servitude is among those unalienable
rights. Acknowledging this fact, the United States
outlawed slavery and involuntary servitude in 1865,
recognizing them as evil institutions that must be
abolished. Current practices of sexual slavery and
trafficking of women and children are similarly
abhorrent to the principles upon which the United
States was founded.
(23) The United States and the international
community agree that trafficking in persons involves
grave violations of human rights and is a matter of
pressing international concern. The international
community has repeatedly condemned slavery and
involuntary servitude, violence against women, and
other elements of trafficking, through declarations,
treaties, and United Nations resolutions and reports,
including the Universal Declaration of Human Rights;
the 1956 Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and
Practices Similar to Slavery; the 1948 American
Declaration on the Rights and Duties of Man; the 1957
Abolition of Forced Labor Convention; the International
Covenant on Civil and Political Rights; the Convention
Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; United Nations General
Assembly Resolutions 50/167, 51/66, and 52/98; the
Final Report of the World Congress against Sexual
Exploitation of Children (Stockholm, 1996); the Fourth
World Conference on Women (Beijing, 1995); and the 1991
Moscow Document of the Organization for Security and
Cooperation in Europe.
(24) Trafficking in persons is a transnational crime
with national implications. To deter international
trafficking and bring its perpetrators to justice,
nations including the United States must recognize that
trafficking is a serious offense. This is done by
prescribing appropriate punishment, giving priority to
the prosecution of trafficking offenses, and protecting
rather than punishing the victims of such offenses. The
United States must work bilaterally and multilaterally
to abolish the trafficking industry by taking steps to
promote cooperation among countries linked together by
international trafficking routes. The United States
must also urge the international community to take
strong action in multilateral fora to engage
recalcitrant countries in serious and sustained efforts
to eliminate trafficking and protect trafficking
victims.
SEC. 103.\3\ DEFINITIONS.
In this division:
---------------------------------------------------------------------------
\3\ 22 U.S.C. 7102.
---------------------------------------------------------------------------
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Relations and the Committee on the
Judiciary of the Senate and the Committee on
International Relations and the Committee on the
Judiciary of the House of Representatives.
(2) Coercion.--The term ``coercion'' means--
(A) threats of serious harm to or physical
restraint against any person;
(B) any scheme, plan, or pattern intended to
cause a person to believe that failure to
perform an act would result in serious harm to
or physical restraint against any person; or
(C) the abuse or threatened abuse of the
legal process.
(3) Commercial sex act.--The term ``commercial sex
act'' means any sex act on account of which anything of
value is given to or received by any person.
(4) Debt bondage.--The term ``debt bondage'' means
the status or condition of a debtor arising from a
pledge by the debtor of his or her personal services or
of those of a person under his or her control as a
security for debt, if the value of those services as
reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of
those services are not respectively limited and
defined.
(5) Involuntary servitude.--The term ``involuntary
servitude'' includes a condition of servitude induced
by means of--
(A) any scheme, plan, or pattern intended to
cause a person to believe that, if the person
did not enter into or continue in such
condition, that person or another person would
suffer serious harm or physical restraint; or
(B) the abuse or threatened abuse of the
legal process.
(6) Minimum standards for the elimination of
trafficking.--The term ``minimum standards for the
elimination of trafficking'' means the standards set
forth in section 108.
(7) Nonhumanitarian, nontrade-related foreign
assistance.--The term ``nonhumanitarian, nontrade-
related foreign assistance'' means--
(A) any assistance under the Foreign
Assistance Act of 1961, other than--
(i) assistance under chapter 4 of
part II of that Act that is made
available for any program, project, or
activity eligible for assistance under
chapter 1 of part I of that Act;
(ii) assistance under chapter 8 of
part I of that Act;
(iii) any other narcotics-related
assistance under part I of that Act or
under chapter 4 or 5 part II of that
Act, but any such assistance provided
under this clause shall be subject to
the prior notification procedures
applicable to reprogrammings pursuant
to section 634A of that Act;
(iv) disaster relief assistance,
including any assistance under chapter
9 of part I of that Act;
(v) antiterrorism assistance under
chapter 8 of part II of that Act;
(vi) assistance for refugees;
(vii) humanitarian and other
development assistance in support of
programs of nongovernmental
organizations under chapters 1 and 10
of that Act;
(viii) programs under title IV of
chapter 2 of part I of that Act,
relating to the Overseas Private
Investment Corporation; and
(ix) other programs involving trade-
related or humanitarian assistance; and
(B) sales, or financing on any terms, under
the Arms Export Control Act, other than sales
or financing provided for narcotics-related
purposes following notification in accordance
with the prior notification procedures
applicable to reprogrammings pursuant to
section 634A of the Foreign Assistance Act of
1961.
(8) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' means--
(A) sex trafficking in which a commercial sex
act is induced by force, fraud, or coercion, or
in which the person induced to perform such act
has not attained 18 years of age; or
(B) the recruitment, harboring,
transportation, provision, or obtaining of a
person for labor or services, through the use
of force, fraud, or coercion for the purpose of
subjection to involuntary servitude, peonage,
debt bondage, or slavery.
(9) Sex trafficking.--The term ``sex trafficking''
means the recruitment, harboring, transportation,
provision, or obtaining of a person for the purpose of
a commercial sex act.
(10) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and
territories and possessions of the United States.
(11) Task force.--The term ``Task Force'' means the
Interagency Task Force to Monitor and Combat
Trafficking established under section 105.
(12) United states.--The term ``United States'' means
the fifty States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the territories and
possessions of the United States.
(13) Victim of a severe form of trafficking.--The
term ``victim of a severe form of trafficking'' means a
person subject to an act or practice described in
paragraph (8).
(14) Victim of trafficking.--The term ``victim of
trafficking'' means a person subjected to an act or
practice described in paragraph (8) or (9).
SEC. 104. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
(a) Countries Receiving Economic Assistance.--Section
116(f) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151(f)) is amended to read as follows: * * * \4\
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\4\ Should refer to 22 U.S.C. 2151n(f). For amended text, see
Legislation on Foreign Relations Through 2001, vol. I-A.
---------------------------------------------------------------------------
(b) Countries Receiving Security Assistance.--Section 502B
of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) is
amended by adding at the end the following new subsection: * *
* \4\
SEC. 105.\5\ INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.
(a) Establishment.--The President shall establish an
Interagency Task Force to Monitor and Combat Trafficking.\6\
---------------------------------------------------------------------------
\5\ 22 U.S.C. 7103.
\6\ Sec. 406 of the Department of State and Related Agency
Appropriations Act, 2003 (title IV of division B of Public Law 108-7;
117 Stat. 92) provided the following:
``Sec. 406. (a) The Interagency Task Force to Monitor and Combat
Trafficking shall establish a Senior Policy Operating Group.
``(b) The Operating Group shall consist of the senior officials
designated as representatives of the appointed members of the
President's Interagency Task Force to Monitor and Combat Trafficking in
Persons (established under Executive Order No. 13257 of February 13,
2002).
``(c) The Operating Group shall coordinate agency activities
regarding policies (including grants and grant policies) involving the
international trafficking in persons and the implementation of this
division.
``(d) The Operating Group shall fully share information regarding
agency plans, before and after final agency decisions are made, on all
matters regarding grants, grant policies, and other significant actions
regarding the international trafficking of persons and the
implementation of this division.
``(e) The Operating Group shall be chaired by the Director of the
Office to Monitor and Combat Trafficking of the Department of State.
``(f) The Operating Group shall meet on a regular basis at the call
of the chair.''.
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(b) Appointment.--The President shall appoint the members
of the Task Force, which shall include the Secretary of State,
the Administrator of the United States Agency for International
Development, the Attorney General, the Secretary of Labor, the
Secretary of Health and Human Services, the Director of Central
Intelligence, and such other officials as may be designated by
the President.
(c) Chairman.--The Task Force shall be chaired by the
Secretary of State.
(d) Activities of the Task Force.--The Task Force shall
carry out the following activities:
(1) Coordinate the implementation of this division.
(2) Measure and evaluate progress of the United
States and other countries in the areas of trafficking
prevention, protection, and assistance to victims of
trafficking, and prosecution and enforcement against
traffickers, including the role of public corruption in
facilitating trafficking. The Task Force shall have
primary responsibility for assisting the Secretary of
State in the preparation of the reports described in
section 110.
(3) Expand interagency procedures to collect and
organize data, including significant research and
resource information on domestic and international
trafficking. Any data collection procedures established
under this subsection shall respect the confidentiality
of victims of trafficking.
(4) Engage in efforts to facilitate cooperation among
countries of origin, transit, and destination. Such
efforts shall aim to strengthen local and regional
capacities to prevent trafficking, prosecute
traffickers and assist trafficking victims, and shall
include initiatives to enhance cooperative efforts
between destination countries and countries of origin
and assist in the appropriate reintegration of
stateless victims of trafficking.
(5) Examine the role of the international ``sex
tourism'' industry in the trafficking of persons and in
the sexual exploitation of women and children around
the world.
(6) Engage in consultation and advocacy with
governmental and nongovernmental organizations, among
other entities, to advance the purposes of this
division.
(e) Support for the Task Force.--The Secretary of State is
authorized to establish within the Department of State an
Office to Monitor and Combat Trafficking, which shall provide
assistance to the Task Force. Any such Office shall be headed
by a Director. The Director shall have the primary
responsibility for assisting the Secretary of State in carrying
out the purposes of this division and may have additional
responsibilities as determined by the Secretary. The Director
shall consult with nongovernmental organizations and
multilateral organizations, and with trafficking victims or
other affected persons. The Director shall have the authority
to take evidence in public hearings or by other means. The
agencies represented on the Task Force are authorized to
provide staff to the Office on a nonreimbursable basis.
SEC. 106.\7\ PREVENTION OF TRAFFICKING.
(a) Economic Alternatives To Prevent and Deter
Trafficking.--The President shall establish and carry out
international initiatives to enhance economic opportunity for
potential victims of trafficking as a method to deter
trafficking. Such initiatives may include--
---------------------------------------------------------------------------
\7\ 22 U.S.C. 7104.
---------------------------------------------------------------------------
(1) microcredit lending programs, training in
business development, skills training, and job
counseling;
(2) programs to promote women's participation in
economic decisionmaking;
(3) programs to keep children, especially girls, in
elementary and secondary schools, and to educate
persons who have been victims of trafficking;
(4) development of educational curricula regarding
the dangers of trafficking; and
(5) grants to nongovernmental organizations to
accelerate and advance the political, economic, social,
and educational roles and capacities of women in their
countries.
(b) Public Awareness and Information.--The President,
acting through the Secretary of Labor, the Secretary of Health
and Human Services, the Attorney General, and the Secretary of
State, shall establish and carry out programs to increase
public awareness, particularly among potential victims of
trafficking, of the dangers of trafficking and the protections
that are available for victims of trafficking.
(c) Consultation Requirement.--The President shall consult
with appropriate nongovernmental organizations with respect to
the establishment and conduct of initiatives described in
subsections (a) and (b).
SEC. 107.\8\ PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.
(a) Assistance for Victims in Other Countries.--
---------------------------------------------------------------------------
\8\ 22 U.S.C. 7105.
---------------------------------------------------------------------------
(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. In addition, such programs and
initiatives shall, to the maximum extent practicable,
include the following: \9\
---------------------------------------------------------------------------
\9\ Sec. 682(a) of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 116 Stat. 1409) added this sentence
through subpara. (E).
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(A) Support for local in-country
nongovernmental organization-operated hotlines,
culturally and linguistically appropriate
protective shelters, and regional and
international nongovernmental organization
networks and databases on trafficking,
including support to assist nongovernmental
organizations in establishing service centers
and systems that are mobile and extend beyond
large cities.
(B) Support for nongovernmental organizations
and advocates to provide legal, social, and
other services and assistance to trafficked
individuals, particularly those individuals in
detention.
(C) Education and training for trafficked
women and girls.
(D) The safe integration or reintegration of
trafficked individuals into an appropriate
community or family, with full respect for the
wishes, dignity, and safety of the trafficked
individual.
(E) Support for developing or increasing
programs to assist families of victims in
locating, repatriating, and treating their
trafficked family members, in assisting the
voluntary repatriation of these family members
or their integration or resettlement into
appropriate communities, and in providing them
with treatment.
(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.
(b) Victims in the United States.--
(1) Assistance.--
(A) Eligibility for benefits and services.--
Notwithstanding title IV of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996, an alien who is a
victim of a severe form of trafficking in
persons shall be eligible for benefits and
services under any Federal or State program or
activity funded or administered by any official
or agency described in subparagraph (B) to the
same extent as an alien who is admitted to the
United States as a refugee under section 207 of
the Immigration and Nationality Act.
(B) Requirement to expand benefits and
services.--Subject to subparagraph (C) and, in
the case of nonentitlement programs, to the
availability of appropriations, the Secretary
of Health and Human Services, the Secretary of
Labor, the Board of Directors of the Legal
Services Corporation, and the heads of other
Federal agencies shall expand benefits and
services to victims of severe forms of
trafficking in persons in the United States,
without regard to the immigration status of
such victims.
(C) Definition of victim of a severe form of
trafficking in persons.--For the purposes of
this paragraph, the term ``victim of a severe
form of trafficking in persons'' means only a
person--
(i) who has been subjected to an act
or practice described in section 103(8)
as in effect on the date of the
enactment of this Act; and
(ii)(I) who has not attained 18 years
of age; or
(II) who is the subject of a
certification under subparagraph (E).
(D) Annual report.--Not later than December
31 of each year, the Secretary of Health and
Human Services, in consultation with the
Secretary of Labor, the Board of Directors of
the Legal Services Corporation, and the heads
of other appropriate Federal agencies shall
submit a report, which includes information on
the number of persons who received benefits or
other services under this paragraph in
connection with programs or activities funded
or administered by such agencies or officials
during the preceding fiscal year, to the
Committee on Ways and Means, the Committee on
International Relations, and the Committee on
the Judiciary of the House of Representatives
and the Committee on Finance, the Committee on
Foreign Relations, and the Committee on the
Judiciary of the Senate.
(E) Certification.--
(i) In general.--Subject to clause
(ii), the certification referred to in
subparagraph (C) is a certification by
the Secretary of Health and Human
Services, after consultation with the
Attorney General, that the person
referred to in subparagraph
(C)(ii)(II)--
(I) is willing to assist in
every reasonable way in the
investigation and prosecution
of severe forms of trafficking
in persons; and
(II)(aa) has made a bona fide
application for a visa under
section 101(a)(15)(T) of the
Immigration and Nationality
Act, as added by subsection
(e), that has not been denied;
or
(bb) is a person whose
continued presence in the
United States the Attorney
General is ensuring in order to
effectuate prosecution of
traffickers in persons.
(ii) Period of effectiveness.--A
certification referred to in
subparagraph (C), with respect to a
person described in clause (i)(II)(bb),
shall be effective only for so long as
the Attorney General determines that
the continued presence of such person
is necessary to effectuate prosecution
of traffickers in persons.
(iii) Investigation and prosecution
defined.--For the purpose of a
certification under this subparagraph,
the term ``investigation and
prosecution'' includes--
(I) identification of a
person or persons who have
committed severe forms of
trafficking in persons;
(II) location and
apprehension of such persons;
and
(III) testimony at
proceedings against such
persons.
(2) Grants.--
(A) In general.--Subject to the availability
of appropriations, the Attorney General may
make grants to States, Indian tribes, units of
local government, and nonprofit,
nongovernmental victims' service organizations
to develop, expand, or strengthen victim
service programs for victims of trafficking.
(B) Allocation of grant funds.--Of amounts
made available for grants under this paragraph,
there shall be set aside--
(i) three percent for research,
evaluation, and statistics;
(ii) two percent for training and
technical assistance; and
(iii) one percent for management and
administration.
(C) Limitation on federal share.--The Federal
share of a grant made under this paragraph may
not exceed 75 percent of the total costs of the
projects described in the application
submitted.
(c) Trafficking Victim Regulations.--Not later than 180
days after the date of the enactment of this Act, the Attorney
General and the Secretary of State shall promulgate regulations
for law enforcement personnel, immigration officials, and
Department of State officials to implement the following:
(1) Protections while in custody.--Victims of severe
forms of trafficking, while in the custody of the
Federal Government and to the extent practicable,
shall--
(A) not be detained in facilities
inappropriate to their status as crime victims;
(B) receive necessary medical care and other
assistance; and
(C) be provided protection if a victim's
safety is at risk or if there is danger of
additional harm by recapture of the victim by a
trafficker, including--
(i) taking measures to protect
trafficked persons and their family
members from intimidation and threats
of reprisals and reprisals from
traffickers and their associates; and
(ii) ensuring that the names and
identifying information of trafficked
persons and their family members are
not disclosed to the public.
(2) Access to information.--Victims of severe forms
of trafficking shall have access to information about
their rights and translation services.
(3) Authority to permit continued presence in the
united states.--Federal law enforcement officials may
permit an alien individual's continued presence in the
United States, if after an assessment, it is determined
that such individual is a victim of a severe form of
trafficking and a potential witness to such
trafficking, in order to effectuate prosecution of
those responsible, and such officials in investigating
and prosecuting traffickers shall protect the safety of
trafficking victims, including taking measures to
protect trafficked persons and their family members
from intimidation, threats of reprisals, and reprisals
from traffickers and their associates.
(4) Training of government personnel.--Appropriate
personnel of the Department of State and the Department
of Justice shall be trained in identifying victims of
severe forms of trafficking and providing for the
protection of such victims.
(d) Construction.--Nothing in subsection (c) shall be
construed as creating any private cause of action against the
United States or its officers or employees.
(e) Protection From Removal for Certain Crime Victims.--
(1) In general.--Section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15))
is amended--* * *
(2) Conditions of nonimmigrant status.--Section 214
of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended--* * *
(3) Waiver of grounds for ineligibility for
admission.--Section 212(d) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)) is amended by adding
at the end the following: * * *
(4) Duties of the attorney general with respect to
``t'' visa nonimmigrants.--Section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101) is
amended by adding at the end the following new
subsection: * * *
(5) Statutory construction.--Nothing in this section,
or in the amendments made by this section, shall be
construed as prohibiting the Attorney General from
instituting removal proceedings under section 240 of
the Immigration and Nationality Act (8 U.S.C. 1229a)
against an alien admitted as a nonimmigrant under
section 101(a)(15)(T)(i) of that Act, as added by
subsection (e), for conduct committed after the alien's
admission into the United States, or for conduct or a
condition that was not disclosed to the Attorney
General prior to the alien's admission as a
nonimmigrant under such section 101(a)(15)(T)(i).
(f) Adjustment to Permanent Resident Status.--Section 245
of such Act (8 U.S.C 1255) is amended by adding at the end the
following new subsection: * * *
(g) Annual Reports.--On or before October 31 of each year,
the Attorney General shall submit a report to the appropriate
congressional committees setting forth, with respect to the
preceding fiscal year, the number, if any, of otherwise
eligible applicants who did not receive visas under section
101(a)(15)(T) of the Immigration and Nationality Act, as added
by subsection (e), or who were unable to adjust their status
under section 245(l) of such Act, solely on account of the
unavailability of visas due to a limitation imposed by section
214(n)(1) or 245(l)(4)(A) of such Act.
SEC. 108.\10\ MINIMUM STANDARDS FOR THE ELIMINATION OF TRAFFICKING.
(a) Minimum Standards.--For purposes of this division, the
minimum standards for the elimination of trafficking applicable
to the government of a country of origin, transit, or
destination for a significant number of victims of severe forms
of trafficking are the following:
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\10\ 22 U.S.C. 7106.
---------------------------------------------------------------------------
(1) The government of the country should prohibit
severe forms of trafficking in persons and punish acts
of such trafficking.
(2) For the knowing commission of any act of sex
trafficking involving force, fraud, coercion, or in
which the victim of sex trafficking is a child
incapable of giving meaningful consent, or of
trafficking which includes rape or kidnapping or which
causes a death, the government of the country should
prescribe punishment commensurate with that for grave
crimes, such as forcible sexual assault.
(3) For the knowing commission of any act of a severe
form of trafficking in persons, the government of the
country should prescribe punishment that is
sufficiently stringent to deter and that adequately
reflects the heinous nature of the offense.
(4) The government of the country should make serious
and sustained efforts to eliminate severe forms of
trafficking in persons.
(b) Criteria.--In determinations under subsection (a)(4),
the following factors should be considered as indicia of
serious and sustained efforts to eliminate severe forms of
trafficking in persons:
(1) Whether the government of the country vigorously
investigates and prosecutes acts of severe forms of
trafficking in persons that take place wholly or partly
within the territory of the country.
(2) Whether the government of the country protects
victims of severe forms of trafficking in persons and
encourages their assistance in the investigation and
prosecution of such trafficking, including provisions
for legal alternatives to their removal to countries in
which they would face retribution or hardship, and
ensures that victims are not inappropriately
incarcerated, fined, or otherwise penalized solely for
unlawful acts as a direct result of being trafficked.
(3) Whether the government of the country has adopted
measures to prevent severe forms of trafficking in
persons, such as measures to inform and educate the
public, including potential victims, about the causes
and consequences of severe forms of trafficking in
persons.
(4) Whether the government of the country cooperates
with other governments in the investigation and
prosecution of severe forms of trafficking in persons.
(5) Whether the government of the country extradites
persons charged with acts of severe forms of
trafficking in persons on substantially the same terms
and to substantially the same extent as persons charged
with other serious crimes (or, to the extent such
extradition would be inconsistent with the laws of such
country or with international agreements to which the
country is a party, whether the government is taking
all appropriate measures to modify or replace such laws
and treaties so as to permit such extradition).
(6) Whether the government of the country monitors
immigration and emigration patterns for evidence of
severe forms of trafficking in persons and whether law
enforcement agencies of the country respond to any such
evidence in a manner that is consistent with the
vigorous investigation and prosecution of acts of such
trafficking, as well as with the protection of human
rights of victims and the internationally recognized
human right to leave any country, including one's own,
and to return to one's own country.
(7) Whether the government of the country vigorously
investigates and prosecutes public officials who
participate in or facilitate severe forms of
trafficking in persons, and takes all appropriate
measures against officials who condone such
trafficking.
SEC. 109. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS.
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:
``SEC. 134.\11\ ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM
STANDARDS FOR THE ELIMINATION OF TRAFFICKING. * * *
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\11\ 22 U.S.C. 2152d. See Legislation on Foreign Relations Through
2001, vol. I-A.
---------------------------------------------------------------------------
SEC. 110.\12\ ACTIONS AGAINST GOVERNMENTS FAILING TO MEET MINIMUM
STANDARDS.
(a) Statement of Policy.--It is the policy of the United
States not to provide nonhumanitarian, nontrade-related foreign
assistance to any government that--
---------------------------------------------------------------------------
\12\ 22 U.S.C. 7107.
---------------------------------------------------------------------------
(1) does not comply with minimum standards for the
elimination of trafficking; and
(2) is not making significant efforts to bring itself
into compliance with such standards.
(b) Reports to Congress.--
(1) \13\ Annual report.--Not later than June 1 of
each year, the Secretary of State shall submit to the
appropriate congressional committees a report with
respect to the status of severe forms of trafficking in
persons that shall include--
---------------------------------------------------------------------------
\13\ In June 2003, the Department of State issued its annual report
pursuant to this section. The report established three tiers, organized
to mirror sec. 110(b)(1)(A), (B) and (C):
Tier 1 countries, whose governments fully comply with minimum
standards for the elimination of trafficking: Austria, Belgium, Benin,
Colombia, Czech Republic, Denmark, France, Germany, Ghana, Hong Kong,
Italy, Lithuania, Macedonia, Mauritius, Morocco, The Netherlands,
Norway, Poland, Portugal, Republic of Korea, Spain, Sweden,
Switzerland, Taiwan, United Arab Emirates, and the United Kingdom.
Tier 2 countries, whose governments do not yet fully comply with
minimum standards but are making significant efforts: Albania, Angola,
Armenia, Bahrain, Bangladesh, Belarus, Bolivia, Brazil, Brunei,
Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, People's
Republic of China, Congo, Costa Rica, Cote D'Ivoire, Croatia, El
Salvador, Equatorial Guinea, Estonia, Ethiopia, Finland, Gabon, The
Gambia, Guatemala, Honduras, Hungary, India, Indonesia, Israel,
Jamaica, Japan, Kenya, Kuwait, Kyrgyz Republic, Laos, Latvia, Lebanon,
Malawi, Malaysia, Mexico, Moldova, Mozambique, Nepal, Nicaragua, Niger,
Nigeria, Pakistan, Philippines, Qatar, Romania, Russia, Rwanda, Saudi
Arabia, Senegal, Serbia and Montenegro, Sierra Leone, Slovak Republic,
Slovenia, South Africa, Sri Lanka, Tajikistan, Tanzania, Thailand,
Togo, Uganda, Ukraine, Venezuela, Vietnam, Zambia, and Zimbabwe.
Tier 3 countries, whose governments do not fully comply with
minimum standards and are not making significant efforts: Belize,
Bosnia and Herzegovina, Burma, Cuba, Dominican Republic, Georgia,
Greece, Haiti, Kazakhstan, Liberia, North Korea, Sudan, Suriname,
Turkey, and Uzbekistan.
---------------------------------------------------------------------------
(A) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments fully comply with such standards;
(B) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments do not yet fully comply with such
standards but are making significant efforts to
bring themselves into compliance; and
(C) a list of those countries, if any, to
which the minimum standards for the elimination
of trafficking are applicable and whose
governments do not fully comply with such
standards and are not making significant
efforts to bring themselves into compliance.
(2) Interim reports.--In addition to the annual
report under paragraph (1), the Secretary of State may
submit to the appropriate congressional committees at
any time one or more interim reports with respect to
the status of severe forms of trafficking in persons,
including information about countries whose
governments--
(A) have come into or out of compliance with
the minimum standards for the elimination of
trafficking; or
(B) have begun or ceased to make significant
efforts to bring themselves into compliance,
since the transmission of the last annual
report.
(3) Significant efforts.--In determinations under
paragraph (1) or (2) as to whether the government of a
country is making significant efforts to bring itself
into compliance with the minimum standards for the
elimination of trafficking, the Secretary of State
shall consider--
(A) the extent to which the country is a
country of origin, transit, or destination for
severe forms of trafficking;
(B) the extent of noncompliance with the
minimum standards by the government and,
particularly, the extent to which officials or
employees of the government have participated
in, facilitated, condoned, or are otherwise
complicit in severe forms of trafficking; and
(C) what measures are reasonable to bring the
government into compliance with the minimum
standards in light of the resources and
capabilities of the government.
(c) Notification.--Not less than 45 days or more than 90
days after the submission, on or after January 1, 2003, of an
annual report under subsection (b)(1), or an interim report
under subsection (b)(2), the President shall submit to the
appropriate congressional committees a notification of one of
the determinations listed in subsection (d) with respect to
each foreign country whose government, according to such
report--
(A) does not comply with the minimum standards for
the elimination of trafficking; and
(B) is not making significant efforts to bring itself
into compliance, as described in subsection (b)(1)(C).
(d) Presidential Determinations.--The determinations
referred to in subsection (c) are the following:
(1) Withholding of nonhumanitarian, nontrade-related
assistance.--The President has determined that--
(A)(i) the United States will not provide
nonhumanitarian, nontrade-related foreign
assistance to the government of the country for
the subsequent fiscal year until such
government complies with the minimum standards
or makes significant efforts to bring itself
into compliance; or
(ii) in the case of a country whose
government received no nonhumanitarian,
nontrade-related foreign assistance from the
United States during the previous fiscal year,
the United States will not provide funding for
participation by officials or employees of such
governments in educational and cultural
exchange programs for the subsequent fiscal
year until such government complies with the
minimum standards or makes significant efforts
to bring itself into compliance; and
(B) the President will instruct the United
States Executive Director of each multilateral
development bank and of the International
Monetary Fund to vote against, and to use the
Executive Director's best efforts to deny, any
loan or other utilization of the funds of the
respective institution to that country (other
than for humanitarian assistance, for trade-
related assistance, or for development
assistance which directly addresses basic human
needs, is not administered by the government of
the sanctioned country, and confers no benefit
to that government) for the subsequent fiscal
year until such government complies with the
minimum standards or makes significant efforts
to bring itself into compliance.
(2) Ongoing, multiple, broad-based restrictions on
assistance in response to human rights violations.--The
President has determined that such country is already
subject to multiple, broad-based restrictions on
assistance imposed in significant part in response to
human rights abuses and such restrictions are ongoing
and are comparable to the restrictions provided in
paragraph (1). Such determination shall be accompanied
by a description of the specific restriction or
restrictions that were the basis for making such
determination.
(3) Subsequent compliance.--The Secretary of State
has determined that the government of the country has
come into compliance with the minimum standards or is
making significant efforts to bring itself into
compliance.
(4) Continuation of assistance in the national
interest.--Notwithstanding the failure of the
government of the country to comply with minimum
standards for the elimination of trafficking and to
make significant efforts to bring itself into
compliance, the President has determined that the
provision to the country of nonhumanitarian, nontrade-
related foreign assistance, or the multilateral
assistance described in paragraph (1)(B), or both,
would promote the purposes of this division or is
otherwise in the national interest of the United
States.
(5) Exercise of waiver authority.--
(A) In general.--The President may exercise
the authority under paragraph (4) with respect
to--
(i) all nonhumanitarian, nontrade-
related foreign assistance to a
country;
(ii) all multilateral assistance
described in paragraph (1)(B) to a
country; or
(iii) one or more programs, projects,
or activities of such assistance.
(B) Avoidance of significant adverse
effects.--The President shall exercise the
authority under paragraph (4) when necessary to
avoid significant adverse effects on vulnerable
populations, including women and children.
(6) Definition of multilateral development bank.--In
this subsection, the term ``multilateral development
bank'' refers to any of the following institutions: 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.
(e) Certification.--Together with any notification under
subsection (c), the President shall provide a certification by
the Secretary of State that, with respect to any assistance
described in clause (ii), (iii), or (v) of section 103(7)(A),
or with respect to any assistance described in section
103(7)(B), no assistance is intended to be received or used by
any agency or official who has participated in, facilitated, or
condoned a severe form of trafficking in persons.
SEC. 111.\14\ ACTIONS AGAINST SIGNIFICANT TRAFFICKERS IN PERSONS.
(a) Authority To Sanction Significant Traffickers in
Persons.--
(1) In general.--The President may exercise the
authorities set forth in section 203 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) without regard to section 202 of that Act (50
U.S.C. 1701) in the case of any of the following
persons:
---------------------------------------------------------------------------
\14\ 22 U.S.C. 7108.
---------------------------------------------------------------------------
(A) Any foreign person that plays a
significant role in a severe form of
trafficking in persons, directly or indirectly
in the United States.
(B) Foreign persons that materially assist
in, or provide financial or technological
support for or to, or provide goods or services
in support of, activities of a significant
foreign trafficker in persons identified
pursuant to subparagraph (A).
(C) Foreign persons that are owned,
controlled, or directed by, or acting for or on
behalf of, a significant foreign trafficker
identified pursuant to subparagraph (A).
(2) Penalties.--The penalties set forth in section
206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) apply to violations of any license,
order, or regulation issued under this section.
(b) Report to Congress on Identification and Sanctioning of
Significant Traffickers in Persons.--
(1) In general.--Upon exercising the authority of
subsection (a), the President shall report to the
appropriate congressional committees--
(A) identifying publicly the foreign persons
that the President determines are appropriate
for sanctions pursuant to this section and the
basis for such determination; and
(B) detailing publicly the sanctions imposed
pursuant to this section.
(2) Removal of sanctions.--Upon suspending or
terminating any action imposed under the authority of
subsection (a), the President shall report to the
committees described in paragraph (1) on such
suspension or termination.
(3) Submission of classified information.--Reports
submitted under this subsection may include an annex
with classified information regarding the basis for the
determination made by the President under paragraph
(1)(A).
(c) Law Enforcement and Intelligence Activities Not
Affected.--Nothing in this section prohibits or otherwise
limits the authorized law enforcement or intelligence
activities of the United States, or the law enforcement
activities of any State or subdivision thereof.
(d) Exclusion of Persons Who Have Benefited From Illicit
Activities of Traffickers in Persons.--Section 212(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is
amended by inserting at the end the following new subparagraph:
* * *
(e) Implementation.--
(1) Delegation of authority.--The President may
delegate any authority granted by this section,
including the authority to designate foreign persons
under paragraphs (1)(B) and (1)(C) of subsection (a).
(2) Promulgation of rules and regulations.--The head
of any agency, including the Secretary of Treasury, is
authorized to take such actions as may be necessary to
carry out any authority delegated by the President
pursuant to paragraph (1), including promulgating rules
and regulations.
(3) Opportunity for review.--Such rules and
regulations shall include procedures affording an
opportunity for a person to be heard in an expeditious
manner, either in person or through a representative,
for the purpose of seeking changes to or termination of
any determination, order, designation or other action
associated with the exercise of the authority in
subsection (a).
(f) Definition of Foreign Persons.--In this section, the
term ``foreign person'' means any citizen or national of a
foreign state or any entity not organized under the laws of the
United States, including a foreign government official, but
does not include a foreign state.
(g) Construction.--Nothing in this section shall be
construed as precluding judicial review of the exercise of the
authority described in subsection (a).
SEC. 112.\15\ STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.
(a) Title 18 Amendments.--Chapter 77 of title 18, United
States Code, is amended--
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\15\ 22 U.S.C. 7109.
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(1) in each of sections 1581(a), 1583, and 1584--
(A) by striking ``10 years'' and inserting
``20 years''; and
(B) by adding at the end the following: ``If
death results from the violation of this
section, or if the violation includes
kidnapping or an attempt to kidnap, aggravated
sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill,
the defendant shall be fined under this title
or imprisoned for any term of years or life, or
both.'';
(2) by inserting at the end the following:
``Sec. 1589. Forced labor
``Whoever knowingly provides or obtains the labor or
services of a person--
``(1) by threats of serious harm to, or physical
restraint against, that person or another person;
``(2) by means of any scheme, plan, or pattern
intended to cause the person to believe that, if the
person did not perform such labor or services, that
person or another person would suffer serious harm or
physical restraint; or
``(3) by means of the abuse or threatened abuse of
law or the legal process,
shall be fined under this title or imprisoned not more than 20
years, or both. If death results from the violation of this
section, or if the violation includes kidnapping or an attempt
to kidnap, aggravated sexual abuse or the attempt to commit
aggravated sexual abuse, or an attempt to kill, the defendant
shall be fined under this title or imprisoned for any term of
years or life, or both.
``Sec. 1590. Trafficking with respect to peonage, slavery, involuntary
servitude, or forced labor
``Whoever knowingly recruits, harbors, transports,
provides, or obtains by any means, any person for labor or
services in violation of this chapter shall be fined under this
title or imprisoned not more than 20 years, or both. If death
results from the violation of this section, or if the violation
includes kidnapping or an attempt to kidnap, aggravated sexual
abuse, or the attempt to commit aggravated sexual abuse, or an
attempt to kill, the defendant shall be fined under this title
or imprisoned for any term of years or life, or both.
``Sec. 1591. Sex trafficking of children or by force, fraud or coercion
``(a) Whoever knowingly--
``(1) in or affecting interstate commerce, recruits,
entices, harbors, transports, provides, or obtains by
any means a person; or
``(2) benefits, financially or by receiving anything
of value, from participation in a venture which has
engaged in an act described in violation of paragraph
(1),
knowing that force, fraud, or coercion described in subsection
(c)(2) will be used to cause the person to engage in a
commercial sex act, or that the person has not attained the age
of 18 years and will be caused to engage in a commercial sex
act, shall be punished as provided in subsection (b).
``(b) The punishment for an offense under subsection (a)
is--
``(1) if the offense was effected by force, fraud, or
coercion or if the person transported had not attained
the age of 14 years at the time of such offense, by a
fine under this title or imprisonment for any term of
years or for life, or both; or
``(2) if the offense was not so effected, and the
person transported had attained the age of 14 years but
had not attained the age of 18 years at the time of
such offense, by a fine under this title or
imprisonment for not more than 20 years, or both.
``(c) In this section:
``(1) The term `commercial sex act' means any sex
act, on account of which anything of value is given to
or received by any person.
``(2) The term `coercion' means--
``(A) threats of serious harm to or physical
restraint against any person;
``(B) any scheme, plan, or pattern intended
to cause a person to believe that failure to
perform an act would result in serious harm to
or physical restraint against any person; or
``(C) the abuse or threatened abuse of law or
the legal process.
``(3) The term `venture' means any group of two or
more individuals associated in fact, whether or not a
legal entity.
``Sec. 1592. Unlawful conduct with respect to documents in furtherance
of trafficking, peonage, slavery, involuntary
servitude, or forced labor
``(a) Whoever knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport or
other immigration document, or any other actual or purported
government identification document, of another person--
``(1) in the course of a violation of section 1581,
1583, 1584, 1589, 1590, 1591, or 1594(a);
``(2) with intent to violate section 1581, 1583,
1584, 1589, 1590, or 1591; or
``(3) to prevent or restrict or to attempt to prevent
or restrict, without lawful authority, the person's
liberty to move or travel, in order to maintain the
labor or services of that person, when the person is or
has been a victim of a severe form of trafficking in
persons, as defined in section 103 of the Trafficking
Victims Protection Act of 2000,
shall be fined under this title or imprisoned for not more than
5 years, or both.
``(b) Subsection (a) does not apply to the conduct of a
person who is or has been a victim of a severe form of
trafficking in persons, as defined in section 103 of the
Trafficking Victims Protection Act of 2000, if that conduct is
caused by, or incident to, that trafficking.
``Sec. 1593. Mandatory restitution
``(a) Notwithstanding section 3663 or 3663A, and in
addition to any other civil or criminal penalties authorized by
law, the court shall order restitution for any offense under
this chapter.
``(b)(1) The order of restitution under this section shall
direct the defendant to pay the victim (through the appropriate
court mechanism) the full amount of the victim's losses, as
determined by the court under paragraph (3) of this subsection.
``(2) An order of restitution under this section shall be
issued and enforced in accordance with section 3664 in the same
manner as an order under section 3663A.
``(3) As used in this subsection, the term `full amount of
the victim's losses' has the same meaning as provided in
section 2259(b)(3) and shall in addition include the greater of
the gross income or value to the defendant of the victim's
services or labor or the value of the victim's labor as
guaranteed under the minimum wage and overtime guarantees of
the Fair Labor Standards Act (29 U.S.C. 201 et seq.).
``(c) As used in this section, the term `victim' means the
individual harmed as a result of a crime under this chapter,
including, in the case of a victim who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or a representative of the victim's
estate, or another family member, or any other person appointed
as suitable by the court, but in no event shall the defendant
be named such representative or guardian.
``Sec. 1594. General provisions
``(a) Whoever attempts to violate section 1581, 1583, 1584,
1589, 1590, or 1591 shall be punishable in the same manner as a
completed violation of that section.
``(b) The court, in imposing sentence on any person
convicted of a violation of this chapter, shall order, in
addition to any other sentence imposed and irrespective of any
provision of State law, that such person shall forfeit to the
United States--
``(1) such person's interest in any property, real or
personal, that was used or intended to be used to
commit or to facilitate the commission of such
violation; and
``(2) any property, real or personal, constituting or
derived from, any proceeds that such person obtained,
directly or indirectly, as a result of such violation.
``(c)(1) The following shall be subject to forfeiture to
the United States and no property right shall exist in them:
``(A) Any property, real or personal, used or
intended to be used to commit or to facilitate the
commission of any violation of this chapter.
``(B) Any property, real or personal, which
constitutes or is derived from proceeds traceable to
any violation of this chapter.
``(2) The provisions of chapter 46 of this title relating
to civil forfeitures shall extend to any seizure or civil
forfeiture under this subsection.
``(d) Witness Protection.--Any violation of this chapter
shall be considered an organized criminal activity or other
serious offense for the purposes of application of chapter 224
(relating to witness protection).''; and
(3) by amending the table of sections at the
beginning of chapter 77 by adding at the end the
following new items: * * *
(b) Amendment to the Sentencing Guidelines.--
(1) Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission
shall review and, if appropriate, amend the sentencing
guidelines and policy statements applicable to persons
convicted of offenses involving the trafficking of
persons including component or related crimes of
peonage, involuntary servitude, slave trade offenses,
and possession, transfer or sale of false immigration
documents in furtherance of trafficking, and the Fair
Labor Standards Act and the Migrant and Seasonal
Agricultural Worker Protection Act.
(2) In carrying out this subsection, the Sentencing
Commission shall--
(A) take all appropriate measures to ensure
that these sentencing guidelines and policy
statements applicable to the offenses described
in paragraph (1) of this subsection are
sufficiently stringent to deter and adequately
reflect the heinous nature of such offenses;
(B) consider conforming the sentencing
guidelines applicable to offenses involving
trafficking in persons to the guidelines
applicable to peonage, involuntary servitude,
and slave trade offenses; and
(C) consider providing sentencing
enhancements for those convicted of the
offenses described in paragraph (1) of this
subsection that--
(i) involve a large number of
victims;
(ii) involve a pattern of continued
and flagrant violations;
(iii) involve the use or threatened
use of a dangerous weapon; or
(iv) result in the death or bodily
injury of any person.
(3) The Commission may promulgate the guidelines or
amendments under this subsection in accordance with the
procedures set forth in section 21(a) of the Sentencing
Act of 1987, as though the authority under that Act had
not expired.
SEC. 113.\16\ AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorization of Appropriations in Support of the Task
Force.--To carry out the purposes of sections 104, 105, and
110, there are authorized to be appropriated to the Secretary
of State $1,500,000 for fiscal year 2001 and $3,000,000 for
each of the fiscal years 2002 and 2003.\17\
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\16\ 22 U.S.C. 7110.
\17\ Sec. 682(b)(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1410), struck out ``for
fiscal year 2002'' and inserted in lieu thereof ``for each of the
fiscal years 2002 and 2003''.
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(b) Authorization of Appropriations to the Secretary of
Health and Human Services.--To carry out the purposes of
section 107(b), there are authorized to be appropriated to the
Secretary of Health and Human Services $5,000,000 for fiscal
year 2001 and $10,000,000 for fiscal year 2002.
(c) Authorization of Appropriations to the Secretary of
State.--
(1) Assistance for victims in other countries.--To
carry out the purposes of section 107(a), there are
authorized to be appropriated to the Secretary of State
$5,000,000 for fiscal year 2001 $10,000,000 for fiscal
year 2002, and $15,000,000 for fiscal year 2003.\18\
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\18\ Sec. 682(b)(2)(A) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1410), struck out ``and
$10,000,000 for fiscal year 2002'' and inserted in lieu thereof
``$10,000,000 for fiscal year 2002, and $15,000,000 for fiscal year
2003''.
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(2) Voluntary contributions to osce.--To carry out
the purposes of section 109, there is authorized to be
appropriated to the Secretary of State for each of the
fiscal years 2001, 2002, and 2003 \19\ $300,000 for
voluntary contributions to advance projects aimed at
preventing trafficking, promoting respect for human
rights of trafficking victims, and assisting the
Organization for Security and Cooperation in Europe
participating states in related legal reform for such
fiscal year.\20\
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\19\ Sec. 682(b)(2)(B)(i) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1410), struck out
``there are authorized to be appropriated to the Secretary of State''
and inserted in lieu thereof ``there is authorized to be appropriated
to the Secretary of State for each of the fiscal years 2001, 2002, and
2003''.
\20\ Sec. 682(b)(2)(B)(ii) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1410), struck out
``for fiscal year 2001'' and inserted ``for such fiscal year''.
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(3) Preparation of annual country reports on human
rights.--To carry out the purposes of section 104,
there are authorized to be appropriated to the
Secretary of State such sums as may be necessary to
include the additional information required by that
section in the annual Country Reports on Human Rights
Practices, including the preparation and publication of
the list described in subsection (a)(1) of that
section.
(d) Authorization of Appropriations to Attorney General.--
To carry out the purposes of section 107(b), there are
authorized to be appropriated to the Attorney General
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year
2002.
(e) Authorization of Appropriations to President.--
(1) Foreign victim assistance.--To carry out the
purposes of section 106, there are authorized to be
appropriated to the President $5,000,000 for fiscal
year 2001, $10,000,000 for fiscal year 2002, and
$15,000,000 for fiscal year 2003.\21\
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\21\ Sec. 682(b)(3) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1410), struck out ``and
$10,000,000 for fiscal year 2002'' each place it appeared and inserted
in lieu thereof ``, $10,000,000 for fiscal year 2002, and $15,000,000
for fiscal year 2003''.
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(2) Assistance to foreign countries to meet minimum
standards.--To carry out the purposes of section 109,
there are authorized to be appropriated to the
President $5,000,000 for fiscal year 2001, $10,000,000
for fiscal year 2002, and $15,000,000 for fiscal year
2003.\21\
(f) Authorization of Appropriations to the Secretary of
Labor.--To carry out the purposes of section 107(b), there are
authorized to be appropriated to the Secretary of Labor
$5,000,000 for fiscal year 2001 and $10,000,000 for fiscal year
2002.
* * * * * * *
k. 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''.
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\1\ 22 U.S.C. 2151 note.
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* * * * * * *
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.
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(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.
l. 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''.
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\1\ 22 U.S.C. 2151 note.
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* * * * * * *
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.
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\2\ 22 U.S.C. 2421 note.
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(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''.
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\3\ 22 U.S.C. 2421a note.
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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).
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\4\ 22 U.S.C. 2421a.
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(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.
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(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.
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\6\ 22 U.S.C. 2421c.
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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.
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\7\ 22 U.S.C. 2421d.
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(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--
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\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.
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(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]
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\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.
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(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:
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\11\ 22 U.S.C. 262s-2 note.
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(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''.
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\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.
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* * * * * * *
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.
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(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.
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\14\ 22 U.S.C. 2151 note.
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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.
m. 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''.
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\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 2002, vol. II,
sec. E.
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* * * * * * *
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.
n. 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.
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TITLE I--PROMOTING IMMUNIZATION AND ORAL REHYDRATION IN DEVELOPING
COUNTRIES
SEC. 101. FINDINGS.
The Congress finds that--
(1) the United Nations Children's Fund (UNICEF)
reports that 3.5 million children die annually because
they have not been immunized against the six major
childhood diseases: polio, measles, whooping cough,
diphtheria, tetanus, and tuberculosis;
(2) at present less than 20 percent of children in
the developing world are fully immunized against these
diseases;
(3) each year more than five million additional
children are permanently disabled and suffer diminished
capacities to contribute to the economic, social, and
political development of their countries because they
have not been immunized;
(4) ten million additional childhood deaths from
immunizable and potentially immunizable diseases could
be averted annually by the development of techniques in
biotechnology for new and cost-effective vaccines;
(5) the World Health Assembly, the Executive Board of
the United Nations Children's Fund, and the United
Nations General Assembly are calling upon the nations
of the world to commit the resources necessary to meet
the challenge of universal access to childhood
immunization by 1990;
(6) at the 1984 ``Bellagio Conference'' it was
determined that the goal of universal childhood
immunization by 1990 is indeed achievable; and
(7) the Congress has expressed its expectation that
the Agency for International Development will set as a
goal the immunization by 1990 of at least 80 percent of
all the children in those countries in which the Agency
has a program.
SEC. 102. UNITED STATES PARTICIPATION IN GLOBAL EFFORT.
(a) United States Government Support.--The Congress calls
upon the President to direct the Agency for International
Development, working through the Centers for Disease Control
and other appropriate Federal agencies, to work in a global
effort to provide enhanced support toward achieving the goal of
universal access to childhood immunization by 1990 by--
(1) assisting in the delivery, distribution, and use
of vaccines, including--
(A) the building of locally sustainable
systems and technical capacities in developing
countries to reach, by the appropriate age, not
less than 80 percent of their annually
projected target population with the full
schedule of required immunizations; and
(B) the development of a sufficient network
of indigenous professionals and institutions
with responsibility for developing, monitoring,
and assessing immunization programs and
continually adapting strategies to reach the
goal of preventing immunizable diseases; and
(2) performing, supporting, and encouraging research
and development activities, both in the public and
private sector, that will be targeted at developing new
vaccines and at modifying and improving existing
vaccines to make them more appropriate for use in
developing countries.
(b) Private Sector Support.--In support of this global
effort, the President should appeal to the people of the United
States and the United States private sector to support public
and private efforts to provide the resources necessary to
achieve universal access to childhood immunization by 1990.
SEC. 103.\2\ * * *
TITLE II--PROMOTING DEMOCRACY IN HAITI
SEC. 201. FINDINGS CONCERNING HAITI.
The Congress finds that--
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\2\ Sec. 103 amended sec. 104(c) of the Foreign Assistance Act of
1961, fiscal year 1987 funding authorization for Child Survival Fund
and development assistance for health.
---------------------------------------------------------------------------
(1) the establishment of an interim government in
Haiti committed to a restoration of democracy provides
Haiti with an opportunity to build the political,
social, and economic institutions necessary to promote
Haiti's development, to provide a better future for the
people of Haiti, and to provide the framework for more
effective mutual cooperation with the United States,
Haiti's neighbor in the Caribbean, and the other
nations of the Hemisphere;
(2) the magnitude of the political, economic, and
social tasks facing the people of Haiti will make the
achievement of a better future a difficult task which
will require a determined and sustained effort by the
Haitian people over a long period of time and will
require significant external assistance from the United
States and other donors; and
(3) it is in the interest of the United States to
provide appropriate support for the development of
Haiti, a close neighbor which is one of the world's
poorest nations and which is committed to the
establishment of a democratic government.
SEC. 202. ECONOMIC ASSISTANCE FOR HAITI.
(a) Earmarking of Funds.--Not less than $108,000,000 of the
aggregate amounts available for fiscal year 1987 to carry out
sections 103 through 106 of the Foreign Assistance Act of 1961
(relating to development assistance), chapter 4 of part II of
that Act (relating to the Economic Support Fund), and titles I
and II of the Agricultural Trade Development and Assistance Act
of 1954 (relating to the Food for Peace Program) shall be
available only for Haiti.
(b) Use of Development Assistance.--Assistance under
sections 103 through 106 of the Foreign Assistance Act of 1961
which is provided for Haiti pursuant to subsection (a) shall be
used to support a transition to democracy in Haiti, emphasizing
foreign investment, job creation (especially in the private
sector), rural development, health care and sanitation, small-
scale irrigation, reforestation and land conservation, and
literacy education. Such assistance should reflect the need to
distribute development assistance resources more equitably
among the various regions in Haiti in order to support
sustainable development in all of Haiti.
(c) Requirement for Segregated Account for Economic Support
Assistance Funds Paid to Government of Haiti.--Funds under
chapter 4 of part II of the Foreign Assistance Act of 1961
which are made available for Haiti pursuant to subsection (a)
may be paid to the Government of Haiti only if the Government
of Haiti will maintain those funds in a separate account and
not commingle them with other funds.
(d) Conditions on Economic Support and Development
Assistance.--Funds may be obligated for assistance for Haiti
under sections 103 through 106 of chapter 4 of part II of the
Foreign Assistance Act of 1961 pursuant to subsection (a) only
if the President determines that the interim Government of
Haiti--
(1) is improving the human rights situation in Haiti;
(2) is implementing its timetable for completion of a
new constitution that promotes genuine democratic
reforms and guarantees the fundamental principles of
democracy;
(3) is establishing a framework for free and open
elections leading to a democratically-elected civilian
government, which would include free and functioning
political parties and associations, free labor unions,
and freedom of the press;
(4) is cooperating fully in implementing United
States development, food, and other economic assistance
programs in Haiti (including programs for prior fiscal
years);
(5) is maintaining a system of fiscal accountability
to ensure that all resources allocated to the
development of Haiti are used in the most effective and
efficient manner;
(6) is continuing its investigation of alleged human
rights abuses and corruption by the Duvalier government
and is prosecuting, in accordance with due process,
those responsible for human rights abuses and
corruption;
(7) is maintaining a free and independent judiciary
system;
(8) is continuing to cooperate with the United States
in halting illegal emigration to the United States from
Haiti; and
(9) is encouraging private sector development.
(e) \3\ * * *
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\3\ Subsec. (e) amended the Foreign Assistance Act of 1961, sec.
401(s)(2), fiscal year 1987 funding authorization for the Inter-
American Foundation.
---------------------------------------------------------------------------
(f) Additional Assistance for Economic Development in
Haiti.--In order to assist economic development in Haiti, a
Foreign Commercial Service officer should be assigned to the
United States Embassy in Haiti.
SEC. 203. MILITARY TRAINING AND OTHER NONLETHAL ASSISTANCE FOR HAITI.
(a) Authorization of Assistance.--Up to $4,000,000 of the
aggregate amounts available for fiscal year 1987 to carry out
chapter 2 of part II of the Foreign Assistance Act of 1961
(relating to grant military assistance), chapter 5 of part II
of that Act (relating to international military education and
training), and the Arms Export Control Act (relating to FMS
assistance) may be made available for Haiti for education,
training, and other nonlethal assistance (such as
transportation equipment, communications equipment, and
uniforms).
(b) Conditions on Military Assistance.--Funds made
available pursuant to subsection (a) may be obligated only if
the President certifies to the Congress the following:
(1) The Government of Haiti has submitted a formal
request to the United States specifying a comprehensive
plan for the reform and reorganization of the mission,
command, and control structures of the Haitian armed
forces consistent with a transition to democracy, the
rule of law, constitutional government, and an elected
civilian government. Such a plan should include a
publicly announced commitment by the armed forces of
Haiti to abide by international human rights standards
and adoption of a code of conduct to assure adherence
to these standards.
(2) The Government of Haiti is making substantial
efforts--
(A) to prevent the involvement of the Haitian
armed forces in human rights abuses and
corruption by removing from those forces and
prosecuting, in accordance with due process,
those military personnel responsible for the
human rights abuses and corruption;
(B) to ensure that freedom of speech and
assembly are respected;
(C) to conduct investigations into the
killings of unarmed civilians in Gonaives,
Martissant, and Fort Dimanche, to prosecute, in
accordance with due process, those responsible
for those killings, and to prevent any similar
occurrences in the future;
(D) to provide education and training to the
Haitian armed forces with respect to
internationally recognized human rights and the
civil and political rights essential to
democracy, in order to enable those forces to
function consistent with those rights; and
(E) to take steps to implement the policy of
the Government of Haiti requiring former
members of the Volunteers for National Security
(VSN) to turn in their weapons and to take the
necessary actions to enforce this requirement.
(c) \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.''.
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(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.
* * * * * * *
o. 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.
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\1\ Title III of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of the Further Continuing
Appropriations Act, 1986; Public Law 99-190; 99 Stat. 1301), provided
that ``not less than $1,800,000,000 shall be available only for
Israel.''. The Act further provided that: if the Government of Israel
requests that funds be used for such purposes, up to $150,000,000 of
the amount of credits made available for Israel pursuant to this
paragraph shall be available for research and development in the United
States for the Lavi program, and not less than $300,000,000 shall be
for the procurement in Israel of defense articles and services,
including research and development, for the Lavi program and other
activities if requested by Israel * * *''.
\2\ The Foreign Assistance and Related Programs Appropriations Act,
1987 (sec. 101(f) of the Continuing Appropriations Act, 1987; Public
Law 99-591; 100 Stat. 3341-224), contained language identical to that
cited in note 1 and provided further:
``That funds for the Lavi program shall be expended upon the
Department of Defense's determination that the proposed contracts meet
application technical standards: Provided further, That during fiscal
year 1987, gross obligations for the principal amount of direct loans,
exclusive of loan guarantee defaults, shall not exceed $4,040,441,284:
Provided further, That any funds made available by this paragraph,
other than funds made available for Israel and Egypt, may be made
available at concessional rates of interest, notwithstanding section
31(b)(2) of the Arms Export Control Act''.
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(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.
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\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).
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(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.
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\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.
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(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.
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\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.
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* * * * * * *
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.
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\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.
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(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.
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\8\ On June 23, 1995, the President certified ``that Jordan is
publicly committed to the recognition of Israel and to negotiate [sic]
promptly and directly with Israel under basic tenets of United Nations
Security Council Resolutions 242 and 338.'' (Presidential Determination
No. 95-27; 60 F.R. 35461).
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SEC. 131. CERTIFICATION CONCERNING AWACS SOLD TO SAUDI ARABIA.
(a) The President's 1981 AWACS Communication to the
Senate.--(1) The Congress finds that in his October 28, 1981,
communication to the Senate concerning the proposed sale of
AWACS aircraft and F15 enhancement items to Saudi Arabia which
was then being reviewed by the Congress (hereafter in this
section referred to as the ``1981 AWACS communication''), the
President stated the following:
``Transfer of the AWACS will take place . . . only
after the Congress has received in writing a
Presidential certification, containing agreements with
Saudi Arabia, that the following conditions have been
met:
``1. Security of Technology
``A. That a detailed plan for the security of
equipment, technology, information, and supporting
documentation has been agreed to by the United States
and Saudi Arabia and is in place; and
``B. The security provisions are no less stringent
than measures employed by the U.S. for protection and
control of its equipment of like kind outside the
continental U.S.; and
``C. The U.S. has the right of continual on-site
inspection and surveillance by U.S. personnel of
security arrangements for all operations during the
useful life of the AWACS. It is further provided that
security arrangements will be supplemented by
additional U.S. personnel if it is deemed necessary by
the two parties; and
``D. Saudi Arabia will not permit citizens of third
nations either to perform maintenance on the AWACS or
to modify any such equipment without prior, explicit
mutual consent of the two governments; and
``E. Computer software, as designated by the U.S.
Government, will remain the property of the USG.
``2. Access to Information
``That Saudi Arabia has agreed to share with the
United States continuously and completely the
information that it acquires from use of the AWACS.
``3. Control Over Third-Country Participation
``A. That Saudi Arabia has agreed not to share access
to AWACS equipment, technology, documentation, or any
information developed from such equipment or technology
with any nation other than the U.S. without the prior,
explicit mutual consent of both governments; and
``B. There are in place adequate and effective
procedures requiring the screening and security
clearance of citizens of Saudi Arabia and that only
cleared Saudi citizens and cleared U.S. nationals will
have access to AWACS equipment, technology, or
documentation, or information derived therefrom,
without the prior, explicit mutual consent of the two
governments.
``4. AWACS Flight Operations
``That the Saudi AWACS will be operated solely within
the boundaries of Saudi Arabia, except with the prior,
explicit mutual consent of the two governments, and
solely for defensive purposes as defined by the United
States, in order to maintain security and regional
stability.
``5. Command Structure
``That agreements as they concern organizational
command and control structure for the operation of
AWACS are of such a nature to guarantee that the
commitments above will be honored.
``6. Regional Peace and Security
``That the sale contributes directly to the stability
and security of the area, enhances the atmosphere and
prospects for progress toward peace, and that
initiatives toward the peaceful resolution of disputes
in the region have either been successfully completed
or that significant progress toward that goal has been
accomplished with the substantial assistance of Saudi
Arabia.''.
(2) The Congress finds that the President also stated in
the 1981 AWACS communications that should circumstances arise
that might require changes in the arrangements described in
that communication, ``they would be made only with
Congressional participation''.
(b) Requirement for Presidential Certification.--As
provided in the 1981 AWACS communication, before the E3A
airborne warning and control system (AWACS) aircraft which were
the subject of that communication are transferred to Saudi
Arabia, the President shall submit to the Congress a written
Presidential certification, containing agreements with Saudi
Arabia, that the conditions set forth in that communication
have been met.
(c) Congressional Participation in Changes in AWACS
Arrangements.--In order to facilitate the congressional
participation provided for in the 1981 AWACS communication, the
President shall notify the Congress promptly of any changes
being considered by the United States in the arrangements
described in that communication.
SEC. 132. COOPERATIVE AGREEMENTS ON AIR DEFENSE IN CENTRAL EUROPE.
(a) General Authorities.--The Secretary of Defense may
carry out the European air defense agreements. In carrying out
those agreements, the Secretary--
(1) may provide without monetary charge to the
Federal Republic of Germany articles and services as
specified in the agreements; and
(2) may accept from the Federal Republic of Germany
(in return for the articles and services provided under
paragraph (1)) articles and services as specified in
the agreements.
(b) Special Authorities.--In connection with the
administration of the European air defense agreements, the
Secretary of Defense may--
(1) waive any surcharge for administrative services
otherwise chargeable under section 21(e)(1)(A) of the
Arms Export Control Act;
(2) waive any charge not otherwise waived for
services associated with contract administration for
the sale under the Arms Export Control Act of Patriot
air defense missile fire units to the Federal Republic
of Germany contemplated in the agreements;
(3) use, to the extent contemplated in the
agreements, the NATO Maintenance and Supply Agency--
(A) for the supply of logistical support in
Europe for the Patriot missile system, and
(B) for the acquisition of such logistical
support,
to the extent that the Secretary determines that the
procedures of that Agency governing such supply and
acquisition are appropriate;
(4) share, to the extent contemplated in the
agreements, the costs of setup charges of facilities
for use by that Agency to perform depot-level support
of Patriot missile fire units in Europe; and
(5) delivery to the Federal Republic of Germany one
Patriot missile fire unit configured for training, to
be purchased by the Federal Republic of Germany under
the Arms Export Control Act as contemplated in the
agreements, without regard to the requirement in
section 22 of that Act for payment in advance of
delivery for any purchase under that Act.
(c) Rate Charged for Certain Services.--Notwithstanding the
rate required to be charged under section 21 of the Arms Export
Control Act for services furnished by the United States, in the
case of 14 Patriot missile fire units which the Federal
Republic of Germany purchases from the United States under the
Arms Export Control Act as contemplated in the European air
defense agreements, the rate charged by the Secretary of
Defense for packing, crating, handling, and transportation
services associated with that purchase may not exceed the
established Department of Defense rate for such services.
(d) Limitation on Contract Authority.--The authority of the
Secretary of Defense to enter into contracts under the European
air defense agreements is available only to the extent that
appropriated funds, other than those made available under
section 31 of the Arms Export Control Act, are available for
that purpose.
(e) Relation to Fiscal Year 1985 Authorization.--The
authorities provided by this section are an extension of, and
not in addition to, the authorities provided by section 1007 of
the Department of Defense Authorization Act, 1985 (98 Stat.
2579), relating to the authority of the Secretary of Defense to
carry out the European air defense agreements during fiscal
year 1985.
(f) Definition of European Air Defense Agreements.--For the
purposes of this section, the term ``European air defense
agreements'' means--
(1) the agreement entitled ``Agreement between the
Secretary of Defense of the United States of America
and the Minister of Defense of the Federal Republic of
Germany on Cooperative Measures for Enhancing Air
Defense for Central Europe'', signed on December 6,
1983; and
(2) the agreement entitled ``Agreement between the
Secretary of Defense of the United States of America
and the Minister of Defense of the Federal Republic of
Germany in implementation of the 6 December 1983
Agreement on Cooperative Measures for Enhancing Air
Defense for Central Europe'', signed on July 12, 1984.
TITLE II--ECONOMIC SUPPORT FUND
* * * * * * *
SEC. 202. ASSISTANCE FOR THE MIDDLE EAST.
(a) Israel.\9\, \10\--(1) Of the amounts
authorized to be appropriated to carry out chapter 4 of part II
of the Foreign Assistance Act of 1961, not less than
$1,200,000,000 for fiscal year 1986 \11\ and not less than
$1,200,000,000 for fiscal year 1987 shall be available only for
Israel.
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\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''.
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(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.
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\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: * *
*''.
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(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.
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\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''.
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(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--
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\14\ 22 U.S.C. 2151u note.
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(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.
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\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.
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* * * * * * *
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.
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\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:
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``ANTI-TERRORISM ASSISTANCE
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``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:
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``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''.
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(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\
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\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 2002,
vol. II, sec. D.
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SEC. 503.\20\ PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING
INTERNATIONAL TERRORISM. * * *
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\20\ Sec. 503(a) amended sec. 620A of the FAA of 1961. Sec. 503(b)
amended sec. 3(f) of the AECA.
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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.
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\21\ 22 U.S.C. 2349aa-9.
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(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]
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\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.
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(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.
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\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).
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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]
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\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).
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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.
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\26\ Sec. 537 of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1308), provided in part:
``Of the funds made available by this Act for Jamaica and Peru, not
more than 50 per centum of the funds made available for each country
shall be obligated unless the President determines and reports to the
Congress that the governments of these countries are sufficiently
responsive to the United States Government concerns on drug control and
that the added expenditures of the funds for that country are in the
national interest of the United States: Provided, That this provision
shall not be applicable to funds made available to carry out section
481 of the Foreign Assistance Act of 1961.''.
The 1987 version of the Act (Public Law 99-591; 100 Stat. 3341-232)
contained identical text in sec. 536.
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SEC. 611.\27\ ASSISTANCE FOR BOLIVIA.
Assistance may be provided to Bolivia for fiscal years 1986
and 1987 under chapter 2 (relating to grant military
assistance), chapter 4 (relating to the economic support fund),
and chapter 5 (relating to international military education and
training) of part II of the Foreign Assistance Act of 1961, and
under chapter 2 of the Arms Export Control Act (relating to
foreign military sales financing), only under the following
conditions:
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\27\ Sec. 537 of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1308), provided:
``That assistance may be provided to Bolivia for Fiscal Year 1986,
under chapter 2 (relating to grant military assistance), chapter 4
(relating to the economic support fund), and chapter 5 (relating to
international military education and training) of part II of the
Foreign Assistance Act of 1961, and under chapter 2 of the Arms Export
Control Act (relating to foreign military sales financing), only under
the following conditions:
``For Fiscal Year 1986--
``(A) up to 50 percent of the aggregate amount of such assistance
allocated for Bolivia may be provided at any time after the President
certifies to the Congress that the Government of Bolivia has enacted
legislation that will establish its legal coca requirements, provide
for the licensing of the number of hectares necessary to produce the
legal requirement, and make unlicensed coca production illegal; and
``(B) the remaining amount of such assistance may be provided at
any time following a certification pursuant to subparagraph (A) if the
President certifies to the Congress that the Government of Bolivia
achieved the eradication targets for the calendar year 1985 contained
in its 1983 narcotics agreements with the United States.''.
Sec. 535 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-232)
provided:
``* * * That assistance may be provided to Bolivia for fiscal year
1987, under chapter 2 (relating to grant military assistance), chapter
4 (relating to the economic support fund), and chapter 5 (relating to
international military education and training) of part II of the
Foreign Assistance Act of 1961, and under chapter 2 of the Arms Export
Control Act (relating to foreign military sales financing), only in
accordance with the provisions of section 611 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83) as
amended by section 2011 of H.R. 5484 as passed by the Senate on
September 30, 1986.''.
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(1) For fiscal year 1986--
(A) up to 50 percent of the aggregate amount
of such assistance allocated for Bolivia may be
provided at any time after the President
certifies to the Congress that the Government
of Bolivia has enacted legislation that will
establish its legal coca requirements, provide
for the licensing of the number of hectares
necessary to produce the legal requirement, and
make unlicensed coca production illegal; and
(B) the remaining amount of such assistance
may be provided at any time following a
certification pursuant to subparagraph (A) if
the President certifies to the Congress that
the Government of Bolivia has achieved the
eradication targets for the calendar year 1985
contained in its 1983 narcotics agreements with
the United States.
(2) For fiscal year 1987, such assistance may not be
provided unless the President certifies to the Congress
that the Government of Bolivia has developed a plan to
eliminate illicit narcotics production countrywide and
is prepared to enter into an agreement with the United
States to implement that plan. If that certification is
made, then--
(A) \28\ up to 50 percent of the aggregate
amount of such assistance allocated for Bolivia
may be provided at any time after the President
certifies to the Congress that Bolivia has
engaged in narcotics interdiction operations
which have significantly disrupted the illicit
coca industry in Bolivia or has cooperated with
the United States in such operations; and
---------------------------------------------------------------------------
\28\ Sec. 2012(b) of Public Law 99-570 (100 Stat. 3207) amended
subpars. (A) and (B) of par. (2), which previously read as follows:
``(A) up to 50 percent of the aggregate amount of such assistance
allocated for Bolivia may be provided at any time after the President
certifies to the Congress that the Government of Bolivia has achieve at
least half of the eradication target for the calendar year 1986 agreed
to by the United States and the Government of Bolivia; and
``(B) the remaining amount of such assistance may be provided at
any time the President certifies to the Congress that the Government of
Bolivia fully achieved that eradication target.''.
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(B) \28\ the remaining amount of such
assistance may be provided at any time after
the President certifies to the Congress that
Bolivia has either met in calendar year 1986
the eradication targets for the calendar year
1985 contained in its 1983 narcotics agreements
with the United States or has entered into an
agreement of cooperation with the United States
for implementing that plan for 1987 and beyond
(including numerical eradication targets) and
is making substantial progress toward the
plan's objectives, including substantial
eradication of illicit coca crops and effective
use of United States assistance.
In the certification required by subparagraph (B), the
President shall explain why the terms of the 1983 agreement
provided unattainable and the reasons why a new agreement was
necessary.
SEC. 612.\26\ ASSISTANCE TO PERU.
(a) Conditions on Assistance.--United States assistance (as
defined by section 481(i)(4) of the Foreign Assistance Act of
1961) may be provided for Peru--
(1) for fiscal year 1986, only if the President
reports to the Congress that the Government of Peru has
demonstrated substantial progress in developing a plan
that will establish its legal coca requirements,
license the number of hectares necessary to produce the
legal requirement, and eliminate illicit and unlicensed
coca production; and
(2) for fiscal year 1987, only if the President
reports to the Congress that the Government of Peru has
developed such a plan and is implementing it.
(b) Upper Huallaga Valley Project.--Funds authorized to be
appropriated for fiscal year 1987 to carry out chapter 1 of
part I of the Foreign Assistance Act of 1961 (relating to
development assistance) may be made available for the project
of the Agency for International Development in the Upper
Huallaga Valley of Peru only if the Administrator of that
Agency, after consultation with the Congress, determines that a
comprehensive review of that project has been completed which
establishes the effectiveness of that project in reducing and
eradicating coca leaf production, distribution, and marketing
in the Upper Huallaga Valley. The assistance for Peru described
in this subsection may be provided only if the report required
by subsection (a)(2) has been submitted to the Congress.
SEC. 613. REALLOCATION OF FUNDS IF CONDITIONS NOT MET.
If any of the assistance described in section 611 is not
provided for Bolivia because the conditions specified in that
section are not met, or if any of the assistance described in
section 612(a) is not provided for Peru because the conditions
specified in that section are not met, the President shall
reprogram such assistance in order to provide additional
assistance to countries which have taken significant steps to
halt illicit drug production or trafficking.
* * * * * * *
SEC. 615. LATIN AMERICAN REGIONAL NARCOTICS CONTROL ORGANIZATION.
(a) Feasibility Study.--The Secretary of State, with the
assistance of the National Drug Enforcement Policy Board, shall
conduct a study of the feasibility of establishing a regional
organization in Latin America which would combat narcotics
production and trafficking through regional information-sharing
and a regional enforcement unit.
(b) Report.--No later than six months after the date of
enactment of this Act, a report on the advisability of
encouraging the establishment of such an organization shall be
submitted to the Committee on Foreign Affairs and the Committee
on the Judiciary of the House of Representatives and the
Committee on Foreign Relations and the Committee on the
Judiciary of the Senate.
SEC. 616. GREATER EFFORT BY UNITED STATES ARMED FORCES TO SUPPORT
NARCOTICS CONTROL EFFORTS ABROAD.
No later than 60 days after the date of enactment of this
Act, the President shall report to the Congress on why the
United States Armed Forces should not exert greater effort in
facilitating and supporting interception of narcotics
traffickers, and in gathering narcotics-related intelligence,
outside the United States.
SEC. 617. CUBAN DRUG TRAFFICKING.
(a) Findings.--The Congress finds that--
(1) the subject of the flow, use, and control of
narcotic and psychotropic substances is a matter of
great international importance;
(2) the problem of drug abuse and drug trafficking
continues to worsen throughout most parts of the world;
(3) the concerns of the governments of many countries
have become manifest in several bilateral and
multilateral narcotics control projects;
(4) United Nations agencies monitor and apply
controls on the flow and use of drugs and coordinate
multilateral efforts to control production,
trafficking, and abuse of drugs;
(5) the United Nations Fund for Drug Abuse Control
funds narcotics projects throughout the world and has
been a vehicle since 1971 for multilateral
implementation of narcotics control and reduction
programs;
(6) the International Narcotics Control Board is
charged with monitoring compliance with the Single
Convention on Narcotic Drugs, 1961, and the Convention
on Psychotropic Substances, and Cuba is a party to both
Conventions;
(7) the United Nations Commission on Narcotic Drugs
is responsible for formulating policies, coordinating
activities, supervising the implementation of
international conventions, and making recommendations
to governments for international drug control;
(8) the promotion of drug abuse and participation in
drug trafficking is universally considered egregious
criminal behavior wherever it occurs, whether it occurs
locally, nationally, or internationally;
(9) a Federal grand jury of the United States has
indicted four prominent Cuban officials on charges of
conspiring to smuggle drugs into the United States;
(10) United States Government officials have
testified at several congressional hearings that the
Government of Cuba is facilitating the flow of illicit
drugs into the United States in order to obtain hard
currency, support guerrilla/terrorist activities, and
undermine United States society; and
(11) such alleged conduct on the part of the
Government of Cuba would be injurious to the world
community and counter to the general principle of
international law that no country has the right to use
or permit the use of its territory in such a manner as
to injure another country or persons therein.
(b) Recommended Actions.--It is the sense of the Congress
that the President should--
(1) acting through the Permanent Representative of
the United States to the United Nations, take such
steps as may be necessary to place the question of the
involvement by the Government of Cuba in illicit drug
trafficking on the agenda of the United Nations;
(2) acting through the Representative of the United
States to the Organization of American States, request
the Organization of American States to consider this
question as soon as possible; and
(3) request other appropriate international
organizations and international forums to consider this
question.
(c) Report.--The President shall report to the Congress on
the actions taken pursuant to this section.
* * * * * * *
SEC. 619.\29\ DRUG TRAFFICKING AND THE PROBLEM OF TOTAL CONFIDENTIALITY
OF CERTAIN FOREIGN BANK ACCOUNTS.
(a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
\29\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
(1) several banks in Latin America and the Caribbean
are used by narcotics traffickers as depositories for
money obtained in providing illicit drugs to the United
States and other countries of the region;
(2) offshore banks which provide total
confidentiality provide a service which materially
assists the operations of illicit drug traffickers; and
(3) cooperation in gaining access to the bank
accounts of such narcotics traffickers would materially
assist United States authorities in controlling the
activities of such traffickers.
(b) Policy.--The Congress--
(1) requests the President to negotiate treaties or
appropriate international agreements with all countries
providing confidential banking services (giving high
priority to countries in the Caribbean region) to
provide disclosure to the United States Government of
information contained in official records, and in
records of bank accounts, concerning persons under
investigation for violations of United States law, in
particular those regarding international drug
trafficking;
(2) directs the President to include reports on the
results of such efforts in the annual International
Narcotics Control Strategy Report; and
(3) reaffirms its intention to obtain maximum
cooperation on the part of all governments for the
purpose of halting international drug trafficking, and
constantly to evaluate the cooperation of those
governments receiving assistance from the United
States.
TITLE VII--WESTERN HEMISPHERE
* * * * * * *
SEC. 702.\30\ EL SALVADOR.
(a) Support for El Salvador.--(1) The Congress finds that--
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\30\ The Foreign Assistance and Related Programs Appropriations
Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 3341-232),
provided the following:
``Sec. 537. None of the funds available in this Act may be used to
make available to El Salvador any helicopters or other aircraft, and
licenses may not be issued under section 38 of the Arms Export Control
Act for the export to El Salvador of any such aircraft, unless the
Committee on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate are notified at least fifteen
days in advance in accordance with the procedures applicable to
notifications.
---------------------------------------------------------------------------
* * * * * * *
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``Sec. 545. Of the amounts made available by this Act for military
assistance and financing for El Salvador under chapters 2 and 5 of part
II of the Foreign Assistance Act of 1961 and under the Arms Export
Control Act, $5,000,000 may not be expended until the President
reports, following the conclusion of the Appeals process in the case of
Captain Avila, to the Committees on Appropriations that the Government
of El Salvador has (1) substantially concluded all investigative action
with respect to those responsible for the January 1981 deaths of the
two United States land reform consultants Michael Hammer and Mark
Pearlman and the Salvadoran Land Reform Institute Director Jose Rodolfo
Viera, and (2) pursued all legal avenues to bring to trial and obtain a
verdict of those who ordered and carried out the January 1981
murders.''.
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(A) a free and democratic El Salvador is in the
security interest of the United States;
(B) Jose Napoleon Duarte was elected President of El
Salvador in 1984 in the most democratic election held
in El Salvador in many years;
(C) political violence in El Salvador has declined
dramatically under President Duarte's leadership;
(D) President Duarte's policies of respect for human
rights, political pluralism, dialogue and
reconciliation with the Salvadoran guerrilla force,
legal and social reform and effective defense against
the violent overthrow of the Salvadoran government are
deserving of praise from all who believe in a
democratic form of government;
(E) the March 31, 1985, legislation and municipal
elections were successfully carried out, with 64
percent of the electorate defying guerrilla attacks to
vote;
(F) the victory of President Duarte's Christian
Democratic Party reaffirms the support for these
policies by his fellow citizens, the essential test of
any government or movement;
(G) in spite of the state of siege technically in
effect due to the insurgent threat, observance of free
speech, free press, and free assembly are widely
enjoyed in El Salvador and permit public airing of
opposing political views;
(H) President Duarte is firmly committed to judicial
reform and prosecution of cases involving ``death
squads'';
(I) President Duarte's leadership and popular support
has notably weakened the popular support given the
guerrillas, as evidenced by the high levels of voter
participation in the free elections held in El Salvador
since 1982, the reduction in territory in which the
guerrillas can freely operate, their inability to mount
frontal military attacks, and their resort to economic
sabotage, ambushes, political assassination, and urban
terrorism with blatant disregard for basic human
rights; and
(J) President Duarte has succeeded in reversing the
decline in his country's economy which, though still
weak, has better prospects than in recent years.
(2) Therefore, it is the sense of the Congress that--
(A) President Duarte is to be congratulated for his
outstanding leadership under difficult circumstances
and for his efforts to foster democratic government and
institutions in his country, and he is encouraged to
continue his efforts to promote political pluralism,
democratic institutions, and respect for human rights
in his country; and
(B) the armed services of El Salvador are to be
congratulated for their improved performance and
professionalism in defending Salvadoran citizens and
their democratically elected government from attack by
armed insurgents, and especially for their role in
helping to protect and uphold the electoral process.
(3) The Congress reaffirms the importance of continued
support for democratic principles and institutions and respect
for human rights by the various sectors of Salvadoran society,
which is a major factor in United States support for El
Salvador.
(b) Objectives.--The Congress expects that--
(1) the Government of El Salvador will be willing to
pursue a dialogue with the armed opposition forces and
their political representatives for the purposes of
achieving an equitable political settlement of the
conflict, including free and fair elections;
(2) the elected civilian government will be in
control of the Salvadoran military and security forces,
and those forces will comply with applicable rules of
international law and with Presidential directives
pertaining to the protection of civilians during combat
operations, including Presidential directive C111-03-
984 (relating to aerial fire support);
(3) the Government of El Salvador will make
demonstrated progress, during the period covered by
each report pursuant to subsection (c), in ending the
activities of the death squads;
(4) the Government of El Salvador will make
demonstrated progress, during the period covered by
each report pursuant to subsection (c), in establishing
an effective judicial system; and
(5) the Government of El Salvador will make
demonstrated progress, during the period covered by
each report pursuant to subsection (c), in implementing
the land reform program.
(c) Reports.--On October 1, 1985, April 1, 1986, October 1,
1986, and April 1, 1987, the President shall report to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate on the extent to
which the objectives described in subsection (b) are being met.
With respect to the objective described in paragraph (4) of
that subsection, each report shall discuss whether the
commission proposed by the President of El Salvador to
investigate human rights cases has been established, funded,
and given sufficient investigative powers; whether the evidence
that commission collects may be used in the Salvadoran judicial
process; whether that commission has issued a comprehensive
report with regard to its investigation of all Americans
murdered in El Salvador; and whether those responsible for the
Las Hojas massacre are being prosecuted.
(d) Aircraft for Aerial Warfare.--(1) The authorities of
part II of the Foreign Assistance Act of 1961 and the Arms
Export Control Act may not be used to make available to El
Salvador any helicopters or other aircraft, and licenses may
not be issued under section 38 of the Arms Export Control Act
for the export to El Salvador of any such aircraft, unless the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate are
notified at least 15 days in advance in accordance with the
procedures applicable to reprogramming notifications under
section 634A of the Foreign Assistance Act of 1961.
(2) Paragraph (1) shall take effect on the date of
enactment of this Act and shall remain in effect until October
1, 1987.
(e) Special Account for Local Currencies.--(1) All local
currencies, which are generated with the funds provided to El
Salvador for balance-of-payments support for fiscal years 1986
and 1987 under chapter 4 of part II of the Foreign Assistance
Act of 1961 (relating to the economic support fund), shall be
deposited in accordance with section 609 of that Act in a
special account established by the Government of El Salvador.
(2) Local currencies deposited pursuant to paragraph (1)
shall be used for projects assisting agrarian reform and the
agricultural sector (and particular emphasis shall be placed on
projects for these purposes); judicial reform, employment
generation; health, education, and other social services;
infrastructure repair; and credits and other support for the
private sector (principally for small and medium sized
businesses).
(3) For purposes of subsection--
(A) the term ``agrarian reform'' means projects
assisting or enhancing the abilities of agencies,
cooperatives, and farms to implement land reform
decrees in El Salvador, notwithstanding section 620(g)
of the Foreign Assistance Act of 1961; and
(B) the term ``judicial reform'' means projects
assisting or enhancing the abilities of agencies of the
Salvadoran Government to investigate and prosecute
politically motivated violence.
(f) Development Assistance.--Of the amounts available to
carry out chapter 1 of part I of the Foreign Assistance Act of
1961, $79,600,000 for fiscal year 1986 and $79,600,000 for
fiscal year 1987 shall be available only for El Salvador.
(g) Suspension of Assistance if a Military Coup Occurs.--
All assistance authorized by this Act which is allocated for El
Salvador shall be suspended if the elected President of that
country is deposed by military coup or decree.
SEC. 703. ASSISTANCE FOR GUATEMALA.\31\
(a) Conditions on Military Assistance and Sales.--For
fiscal years 1986 and 1987, assistance may be provided for
Guatemala under chapter 2 of part II of the Foreign Assistance
Act of 1961 (relating to grant military assistance) and sales
may be made and financing may be provided for Guatemala under
the Arms Export Control Act (relating to foreign military
sales) only if the President makes the following certifications
to the Congress:
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\31\ Title III of the Foreign Assistance and Related Programs
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat.
1302), provided the following appropriation for fiscal year 1986
(assuming certification requirements are met):
``* * * That not more than $553,900,000 of the funds made available
under this paragraph shall be available at concessional rates of
interest: Provided further, That all country and funding level changes
in requested concessional financing allocations shall be submitted
through the regular notification process of the Committee on
Appropriations.''.
Sec. 538 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-232)
provided the following:
``Funds provided in this Act for Guatemala may not be provided to
the Government of Guatemala for use in its rural resettlement program,
except through the regular notification procedures of the Committees on
Appropriations.''.
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(1) For fiscal year 1986, an elected civilian
government is in power in Guatemala and has submitted a
formal written request to the United States for the
assistance, sales, or financing to be provided.
(2) For both fiscal years 1986 and 1987, the
Government of Guatemala made demonstrated progress
during the preceding year--
(A) in achieving control over its military
and security forces,
(B) toward eliminating kidnapings and
disappearances, forced recruitment into the
civil defense patrols, and other abuses by such
forces of internationally recognized human
rights, and
(C) in respecting the internationally
recognized human rights of its indigenous
Indian population.
(b) Construction Equipment and Mobile Medical Facilities
and Related Training.--If the conditions specified in
subsection (a) are met, Guatemala may be provided with the
following for fiscal years 1986 and 1987 (in addition to such
other assistance, sales, or financing as may be provided for
Guatemala):
(1) Sales of construction equipment and mobile
medical facilities to assist in development programs
that will directly assist the poor in Guatemala.
(2) Sales of training, to be provided outside of
Guatemala, which is related to the sales described in
paragraph (1).
(3) A total for both fiscal years 1986 and 1987 of no
more than $10,000,000 in credits under the Arms Export
Control Act for sales described in paragraphs (1) and
(2).
Such sales and credits shall be provided only to enable the
military forces of Guatemala to obtain equipment and training
for civilian engineering and construction projects and mobile
medical teams, which would not be used in the rural
resettlement program.
(c) Prohibition on Furnishing Weapons.--Funds authorized to
be appropriated by title I of this Act may not be used for the
procurement by Guatemala of any weapons or ammunition.
(d) Suspension of Assistance if a Military Coup Occurs.--
All assistance authorized by this Act which is allocated for
Guatemala shall be suspended if the elected civilian government
of that country is deposed by military coup or decree.
(e) Rural Resettlement Program.--Assistance provided for
Guatemala for the fiscal year 1986 and fiscal year 1987 under
chapter 1 of part I (relating to development assistance) or
under chapter 4 of part II (relating to the economic support
fund) of the Foreign Assistance Act of 1961--
(1) may not be provided to the Government of
Guatemala for use in its rural resettlement program;
and
(2) shall be provided through private and voluntary
organizations to the maximum extent possible.
(f) Invitation for ICRC To Visit Guatemala.--The Congress
calls upon the President to urge the Government of Guatemala to
allow the International Committee of the Red Cross--
(1) to conduct an unimpeded visit to Guatemala in
order to investigate humanitarian needs in that country
and to report on human rights abuses in that country;
and
(2) to investigate the possibilities of its providing
humanitarian services in that country.
(g) Relations Between Belize and Guatemala.--It is the
sense of the Congress that the United States should use its
good offices and influence to encourage the Government of
Guatemala to recognize the independence of Belize and to enter
into a mutual nonaggression treaty with Belize.
(h) Human Rights Groups in Guatemala.--(1) The Congress
finds that--
(A) the Group for Mutual Support was formed in 1984
to protest the disappearances of Guatemalan civilians;
(B) the Group for Mutual Support has carried out its
work in a peaceful, non-ideological manner, and is the
only indigenous human rights group operating in
Guatemala; and
(C) two of the Group's six steering committee
members, Hector Gomez and Maria Rosario Godyo \32\ de
Cuevas, were recently killed.
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\32\ Should read ``Godoy''.
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(2) It is the sense of the Congress that--
(A) human rights groups in Guatemala, particularly
the Group for Mutual Support, should be allowed to
carry out their work against human rights abuses with
the full cooperation, protection, and support of the
Government of Guatemala; and
(B) whether the Government of Guatemala allows human
rights groups, including the Group for Mutual Support,
to carry out their work should be taken into account by
the United States in determining whether there is human
rights progress in Guatemala.
SEC. 704. REFUGEES IN HONDURAS.
Funds authorized to be appropriated by this Act and funds
authorized to be appropriated for the ``Migration and Refugee
Assistance'' account for fiscal years 1986 and 1987--
(1) which are to be used for refugee assistance or
other assistance for Nicaraguan Indian refugees in
Honduras shall be channeled, to the maximum extent
possible, through the United Nations High Commissioner
for Refugees, the International Committee of the Red
Cross, the Intergovernmental Committee for Migration,
or other established and recognized international
refugee relief organizations; and
(2) may not be used to facilitate the involuntary
repatriation of Salvadoran refugees who are in
Honduras.
SEC. 705. PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING
FOR ORDERLY EMIGRATION FROM HAITI.\33\
(a) Use of PVOs.--To the maximum extent practicable,
assistance for Haiti under chapter 1 of part I (relating to
development assistance) and under chapter 4 of part II
(relating to the economic support fund) of the Foreign
Assistance Act of 1961 should be provided through private and
voluntary organizations.
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\33\ Title I, chapter V of the Urgent Supplemental Appropriations
Act, 1986 (Public Law 99-349; 100 Stat. 726), provided:
---------------------------------------------------------------------------
``assistance for haiti
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``Of the funds made available in title II of the Foreign Assistance
and Related Programs Appropriations Act, 1986 (as enacted in Public Law
99-190), subject to the notification process of the Committees on
Appropriations, up to $21,700,000 shall be made available for
assistance to Haiti. Of this amount, $1,700,000, or the equivalent
amount in local currencies, may be transferred to the Inter-American
Foundation for use by the Foundation for programs for Haiti. The
assistance made available pursuant to this paragraph shall be used to
promote the transition to democracy by means such as generating local
currency for use for literacy projects, rural development, and job
creation. The assistance provided for Haiti pursuant to this paragraph
shall be in addition to the assistance previously allocated for Haiti.
``It is the sense of the Congress that the United States Government
should cooperate with the Government of Haiti in recovering for the
Haitian people the wealth that was illegally obtained by former
president Jean-Claude Duvalier and his former government ministers and
associates through diversions of funds and property, regardless of
whether that wealth is located in the United States or abroad.
``Notwithstanding any limitations on assistance to Haiti contained
in Public Law 98-473 or Public Law 99-83, funds in the amount of
$750,000 previously appropriated for the purposes of chapter 2 of part
II of the Foreign Assistance Act of 1961, as amended, may be made
available for Haiti to carry out such purposes: Provided, That none of
the funds made available pursuant to this paragraph may be made
available for obligation unless the Appropriations Committees of both
Houses of Congress are previously notified fifteen days in advance:
Provided further, That the funds provided under this paragraph shall be
made available only to provide nonlethal military assistance for
Haiti.''.
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(b) Conditions on Assistance.--Funds available for fiscal
year 1986 and for fiscal year 1987 to carry out chapter 1 of
part I (relating to development assistance), chapter 4 of part
II (relating to the economic support fund), or chapter 5 of
part II (relating to international military education and
training) of the Foreign Assistance Act of 1961 may be
obligated for Haiti only if the President determines that the
Government of Haiti--
(1) is continuing to cooperate with the United States
in halting illegal emigration to the United States from
Haiti;
(2) is cooperating fully in implementing United
States development, food, and other economic assistance
programs in Haiti (including programs for prior fiscal
years); and
(3) is making progress toward improving the human
rights situation in Haiti and progress toward
implementing political reforms which are essential to
the development of democracy in Haiti, such as progress
toward the establishment of political parties, free
elections, free labor unions, and freedom of the press.
(c) \34\ * * * [Repealed--1998]
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\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).''.
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(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 also sec. 612 of this Act.
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(b) Strengthening the Peruvian Judicial System.--Of the
amount authorized to be appropriated by this Act to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961
(relating to the economic support fund), $1,000,000 for fiscal
year 1986 and $1,000,000 for fiscal year 1987 shall be used to
strengthen the judicial system in Peru under section 534 of the
Foreign Assistance Act of 1961 (relating to administration of
justice).
* * * * * * *
SEC. 709. COMPREHENSIVE REPORTS ON ASSISTANCE FOR LATIN AMERICA AND THE
CARIBBEAN.
(a) Requirement for Comprehensive Accounting of
Assistance.--In the annual reports required by section 634 of
the Foreign Assistance Act of 1961, the President shall provide
to the Congress a full, complete, and detailed accounting of
all assistance provided during the fiscal years 1986 and 1987
for Latin America and the Caribbean under the Foreign
Assistance Act of 1961 and the Arms Export Control Act.
(b) Information To Be Included.--The report provided
pursuant to subsection (a) shall include for each fiscal year,
among other things, the following with respect to each
authorization account:
(1) The specific projects and other activities
carried out in each country.
(2) The number of persons from each country who were
provided with training, and the types of training
provided.
(3) The defense articles and defense services
provided for each country.
(4) The types of goods and commodities provided to
each country for economic stabilization purposes under
chapter 4 of part II of the Foreign Assistance Act of
1961 (relating to the economic support fund), and a
copy of each agreement for the furnishing of any
assistance under that chapter.
(5) The amounts of local currency generated by United
States assistance to each country, the uses of those
currencies, and the total amount of those currencies
still available for use as of the time of the report.
(6) A report on any transfers or reprogrammings of
funds, and a description of how transferred or
reprogrammed funds modified the amounts requested for
each account.
(7) A report on the funds which have been obligated
but remain unexpended for each country in each account.
(8) An analysis of the amount of funds and programs
provided through nongovernmental as contrasted to
governmental channels.
SEC. 710. USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS.
To the maximum extent practicable, assistance under chapter
1 of part I (relating to development assistance) and chapter 4
of part II (relating to the economic support fund) of the
Foreign Assistance Act of 1961 for countries in Latin America
and the Caribbean should be provided through private and
voluntary organizations which have a proven record of
development assistance efforts overseas.
* * * * * * *
SEC. 713. USE OF EMPLOYEE STOCK OWNERSHIP PLANS IN DEVELOPMENT EFFORTS.
(a) Findings.--The Congress declares that--
(1) employee stock ownership plans in industrial,
farming, banking, and other enterprises in Central
America and the Caribbean can be an important component
in achieving United States goals in Central America and
the Caribbean; and
(2) employee stock ownership plans should be used as
an instrument in financing growth and transfers of
equity in the region, in reorganizing state-owned
enterprises into viable employee-owned businesses, in
expanding political and economic pluralism, and in
strengthening democratic institutions in the region.
(b) Plan for Expanded Use of ESOPs.--The President is urged
to develop a plan for the expanded use of employee stock
ownership plans in development efforts of the United States in
Central America and the Caribbean, with an emphasis on policy
and infra-structural changes needed to encourage voluntary
employee stock ownership initiatives by multinational
corporations and other private sector enterprises which have
investments, are considering making new investments, or are
interested in management contracts and joint ventures in the
region.
(c) Task Force.--To assist in this effort, there is
established a Presidential Task Force on Project Economic
Justice (hereafter in this section referred to as the ``Task
Force''), which shall consist of individuals appointed by the
President who are distinguished leaders of the private sector
of the United States, including significant representation of
union representatives of workers in successful companies with
employee stock ownership plans and of nationally recognized
experts in all phases of design, implementation, and operation
of employee stock ownership plans. The President shall
designate one of the members of the Task Force to serve as
Chairman. The Chairman of the Task Force shall appoint a
volunteer fund-raising committee, and all the expenses of the
Task Force shall be paid without the use of public funds.
(d) Report.--Not later than December 31, 1985, the Task
Force shall prepare and transmit to the President and the
Congress a report on the expanded use of employee stock
ownership plans in the development efforts of the United States
in Central America and the Caribbean, including specific
recommendations on strategies for using employee stock
ownership plans as a means of accelerating the rate of private
sector capital formation in Central America and the Caribbean
that is systematically linked to expanding ownership and
profit-sharing opportunities for all employees.
SEC. 714. INTERNATIONAL ADVISORY COMMISSION FOR THE CARIBBEAN REGION.
(a) Findings.--The Congress finds that--
(1) many of the social, agricultural, educational,
and economic problems which confront nations in the
Caribbean Region result primarily from social and
economic injustice and inadequate economic and
agricultural development;
(2) such problems are not addressed sufficiently by
current United States policies toward that region;
(3) the development of the Caribbean Region is of
vital importance to the economic and strategic
interests of the United States and its allies; and
(4) for purposes of defining development plans,
providing an international forum for Caribbean Region
development issues, and providing expert advice to
donor-aid countries, an international commission is
needed as the prime institution for promoting economic
cooperation and development in the Caribbean Region.
(b) Invitations to Participate in Commission.--
(1) Invitation to caribbean countries.--The President
may invite the countries which comprise the Caribbean
Region to participate with the United States in a
commission to be known as the International Advisory
Commission for the Caribbean Region (hereafter in this
section referred to as the ``Commission'').
(2) Invitation to certain other countries.--The
President may also invite the Netherlands, the United
Kingdom, France, Canada, the Commonwealth of Puerto
Rico, and the Virgin Islands to participate in the
Commission.
(c) Functions of Commission.--It is the sense of the
Congress that the Commission should--
(1) examine social, agricultural, educational, and
economic issues which affect the Caribbean Region; and
(2) consult with leaders of the countries in the
Caribbean Region and with representatives from public
and private organizations involved in matters related
to the Caribbean Region in order to evaluate the
problems and needs of such countries.
(d) Funding for Organizational Meeting of Commission.--Of
the funds authorized to be appropriated to carry out section
106 of the Foreign Assistance Act of 1961 (relating to
development assistance for energy, private and voluntary
organizations, and selected development activities), up to a
total of $100,000 for fiscal years 1986 and 1987 may be made
available to--
(1) pay reasonable administrative expenses associated
with the organizational meeting of the Commission; and
(2) pay reasonable travel and lodging expenses
incurred by commissioners from other participant
governments incident to their attendance at the
organizational meeting of the Commission.
(e) Request to Congress Relating to United States
Participation in the Commission.--The President should provide
cost estimates and request authorization from the Congress in
order to provide for the participation of the United States in
the Commission (other than United States participation
associated with the organizational meeting).
(f) Appointment of United States Representative and
Observers.--Upon the creation of the Commission--
(1) the President should consider appointing one
individual as the United States representative to the
Commission;
(2) the Speaker of the House of Representatives
should consider appointing two Members of the House,
one from each major political party, as observers at
the Commission; and
(3) the majority leader of the Senate should consider
appointing two Members of the Senate, one from each
major political party, as observers at the Commission.
SEC. 715.\36\ * * *
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\36\ Sec. 715 amended sec. 726 of the International Security and
Development Cooperation Act, 1981.
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SEC. 716. RURAL ELECTRIFICATION.
It is the sense of the Congress that funds appropriated for
the fiscal years 1986 and 1987 under section 103(a)(2) of the
Foreign Assistance Act of 1961 (relating to development
assistance for agriculture, rural development, and nutrition)
should be used for a comprehensive rural electrification
program in Central America in order to establish conditions of
stability and a foundation for economic development.
SEC. 717. FACILITATING INTERNATIONAL COMMERCE THROUGH MEXICO.
(a) Finding.--Recognizing that increased levels of balanced
international trade are an essential component in an economic
development program for the region and that the United States
has traditionally been the most important trading partner for
each of the nations of Latin America, it is the sense of the
Congress that current procedures and laws of the Government of
Mexico, and practices of its officials, constitute a
significant impediment to the transit of vehicles carrying the
commodities of international trade through Mexican territory.
(b) Negotiations and Cooperative Steps Concerning
Transit.--As the Government of Mexico has played a valuable
role in assisting and encouraging the economic and political
development of the region, and in offering advice to the United
States as to constructive policies this nation might pursue
with respect to peace and prosperity in the area, the Secretary
of State, acting independently or with representatives of other
Latin America nations, shall initiate negotiations with the
Government of Mexico aimed at eliminating or reducing those
impediments to international trade. The agenda for such
negotiations should include discussions to encourage the
Government of Mexico to accede to existing international custom
conventions on international in-transit shipments. Such actions
are to be taken in concert with the institution by the United
States, and the nations of the region where the transiting
shipments originate, of appropriate and cooperative steps to
make sealed-truck, no-inspection transit administratively
acceptable to the Government of Mexico and other transited
countries. Similar bilateral or multilateral negotiations by
the Secretary of State with nations respecting the same
international customs conventions is also encouraged.
(c) Report.--The Secretary of State shall report the status
of these negotiations to Congress by January 1, 1986.
SEC. 718. CONDEMNING HUMAN RIGHTS VIOLATIONS AND THE SUBVERSION OF
OTHER GOVERNMENTS BY THE GOVERNMENT OF CUBA.
(a) Condemnation of Certain Action by the Government of
Cuba.--The Congress condemns--
(1) the consistent pattern of gross violations of
internationally recognized human rights by the Cuban
Government, including--
(A) cruel, inhumane, and degrading treatment
and punishment of prisoners;
(B) the suppression of free speech, press,
and assembly; and
(C) restrictions on religious activity and
the freedom to emigrate; and
(2) the provision by the Cuban government of material
aid and personnel support for the purposes of
subversion.
(b) Call Upon the Government of Cuba.--The Congress calls
upon the Government of Cuba to restore civil liberties and
cease in the violation of human rights of the Cuban people and
cease the subversion of other governments through material and
personnel support.
SEC. 719. REPORTS ON FOREIGN DEBT IN LATIN AMERICA.
(a) Findings.--The Congress finds that--
(1) the foreign debt of Latin American countries has
soared from $27,000,000,000 in 1970 to over
$350,000,000,000 in 1983;
(2) the foreign debt of Latin American countries is a
serious obstacle to their economic progress, threatens
their stability, and endangers the democratic processes
in those nations;
(3) the economic and political futures of many of the
Latin American countries hang in the balance and depend
upon a successful resolution of the foreign debt
crisis; and
(4) the confidence of the American people in the
United States system of banking is also involved in a
successful resolution of the foreign debt crisis.
(b) Report.--Not later than January 1, 1986, the Secretary
of State shall prepare and transmit to the Congress a report
on--
(1) the magnitude of the foreign debt crisis in the
Western Hemisphere;
(2) the impact of the foreign debt crisis on the
economies of the countries of Latin America;
(3) the degree to which the national security
interests of the United States are implicated in this
crisis;
(4) the steps being taken and the policy being
pursued by the United States aimed at dealing with this
crisis;
(5) the degree to which the foreign debt crisis
affects the system of banking in the United States; and
(6) the steps being taken and the policy being
pursued by the United States Government aimed at
dealing with this crisis.
SEC. 720. ECONOMIC ASSISTANCE FOR URUGUAY.
Of the amounts authorized to be appropriated to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961
(relating to the economic support fund), $15,000,000 for fiscal
year 1986 and $15,000,000 for fiscal year 1987 shall be
available only for Uruguay.
SEC. 721. CANADIAN EXPORTS TO THE UNITED STATES.
(a) Cattle and Hogs.--(1) The Congress finds that--
(A) livestock prices have been in decline for some
time due to excessive supply partially caused by
dramatic increases in importation of live cattle and
hogs from Canada, which has increased by 1,000 percent
in the last decade in the case of hogs alone;
(B) American livestock producers are suffering from
the same general economic crisis affecting all of
agriculture, and many will face liquidation or
foreclosure in the near future; and
(C) the disparity between the United States and the
Canadian dollar amounts to 32 to 34 percent and results
in even further increases in Canadian hogs and cattle
being imported into the United States.
(2) Therefore, it is the sense of the Congress that the
President should direct appropriate officials of the executive
branch, including the United States Trade Representative, the
Secretary of Agriculture, and the Secretary of Commerce, to
aggressively pursue discussions with the Canadian Government
directed toward immediate reduction in the Canadian export of
cattle and hogs to the United States.
(b) Softwood Timber.--(1) The Congress finds that--
(A) softwood timber prices have been in decline for
some time due to excessive supply partially caused by
dramatic increases in importation of processed softwood
timber from Canada, which has increased from 18 percent
of the United States market in the last two years to 35
to 40 percent today;
(B) American timber producers are suffering from this
economic crisis, and the difficulty in acquiring timber
from the National Forest System; and
(C) the disparity between the United States and the
Canadian dollar amounts to 32 to 34 percent and results
in even further increases in processed softwood timber
being imported into the United States.
(2) Therefore, it is the sense of the Congress that the
President should direct appropriate officials of the executive
branch, including the United States Trade Representative, the
Secretary of Agriculture, and the Secretary of Commerce, to
aggressively pursue discussions with the Canadian Government
directed toward immediate reduction in the Canadian export of
softwood timber to the United States.
SEC. 722. NICARAGUA.
(a) Settlement of the Conflict.--The Congress--
(1) strongly supports national reconciliation in
Nicaragua and the creation of a framework for
negotiating a peaceful settlement to the Nicaraguan
conflict; and
(2) finds that the United States should, in assisting
efforts to reach comprehensive and verifiable final
agreements based on the Contadora Document of
Objectives, encourage the Government of Nicaragua to
pursue a dialogue with the armed opposition forces and
their political representatives for the purposes of
achieving an equitable political settlement of the
conflict, including free and fair elections.
(b) United States Concerns About Nicaraguan Foreign and
Domestic Policies.--The Congress finds and declares the
following:
(1) Despite positive actions by the Congress
signaling support for negotiated solutions to conflicts
in Central America, there are disturbing trends in
Nicaragua's foreign and domestic policies, including--
(A) President Daniel Ortega's April 1985 trip
to the Soviet Union at a time when the Congress
signaled its strong disapproval of increasing
Nicaraguan-Soviet ties;
(B) the Sandinista government's close
military ties with Cuba, the Soviet Union, and
its Warsaw Pact allies; the disappointing and
insufficient reduction of the number of Cuban
advisors in Nicaragua by only 100 out of an
approximately 2,500; and the continuing
military buildup that Nicaragua's neighbors
consider threatening;
(C) the Sandinista government's curtailment
of individual liberties, political expression,
freedom of worship, and the independence of the
media;
(D) the subordination of military, judicial,
and internal security functions to the ruling
political party; and
(E) the Sandinista government's efforts to
export its influence and ideology.
(2) If Nicaragua does not address the concerns
described in paragraph (1), the United States has
several options to address this challenge to peace and
stability in the region, including political,
diplomatic, and trade sanctions. In addition, the
United States--
(A) should through appropriate regional
organizations, such as the Organization of
American States, seek to maintain multilateral
pressure on Nicaragua to address these
concerns; and
(B) should, if called upon to do so, give
serious consideration to supporting any
sanctions adopted by such an organization.
(3) In assessing whether or not progress is being
made in addressing these concerns, the Congress will
expect prompt and significant initiatives by the
Government of Nicaragua such as--
(A) the removal of foreign military advisors
from Nicaragua;
(B) the end to Sandinista support for
insurgencies in other countries in the region,
including the cessation of military supplies to
the rebel forces fighting the democratically
elected government in El Salvador;
(C) restoration of individual liberties,
political expression, freedom of worship, and
the independence of the media; and
(D) progress toward international
reconciliation and a pluralistic democratic
system, including steps to liberalize
institutions in order to allow the internal
opposition in Nicaragua to become a viable
partner in the Nicaraguan political process.
(c) Resolution of the Conflict in Nicaragua.--
(1) Basis for policy.--The Congress finds that--
(A) the people of Nicaragua are suffering the
horrors of a fierce armed conflict that is
causing grave hardships and loss of life, has
thrown the country into a serious political,
social, and economic upheaval, and is of
serious concern to the nations of the region
and to the United States;
(B) this conflict is fundamentally a
continuation of efforts of the Nicaraguan
people to attain a representative government at
peace with its neighbors, efforts which began
under the Somoza regime; and
(C) the United States recognized these noble
aspirations of the Nicaraguan people in the
June 23, 1979, resolution of the Seventeenth
Meeting of Consultation of Ministers of Foreign
Affairs of the Organization of American States,
which reads as follows:
``WHEREAS:
``The people of Nicaragua are suffering the horrors
of a fierce armed conflict that is causing grave
hardships and loss of life, and has thrown the country
into a serious political, social and economic upheaval;
``The inhumane conduct of the dictatorial regime
governing the country, as evidenced by the report of
the Inter-American Commission on Human Rights, is the
fundamental cause of the dramatic situation faced by
the Nicaraguan people; and
``The spirit of solidarity that guides Hemisphere
relations places an unavoidable obligation on the
American countries to exert every effort within their
power, to put an end to the bloodshed and to avoid the
prolongation of this conflict which is disrupting the
peace of the Hemisphere;
``THE SEVENTEENTH MEETING OF CONSULTATION OF
MINISTERS OF FOREIGN AFFAIRS,
``DECLARES:
``That the solution of the serious problem is
exclusively within the jurisdiction of the people of
Nicaragua.
``That in the view of the Seventeenth Meeting of
Consultation of Ministers of Foreign Affairs this
solution should be arrived at on the basis of the
following:
``1. Immediate and definitive replacement of
the Somoza regime.
``2. Installation in Nicaraguan territory of
a democratic government, the composition of
which should include the principal
representative groups which oppose the Somoza
regime and which reflects the free will of the
people of Nicaragua.
``3. Guarantee of the respect for human
rights of all Nicaraguans without exception.
``4. The holding of free elections as soon as
possible, that will lead to the establishment
of a truly democratic government that
guarantees peace, freedom, and justice.
``RESOLVES:
``1. To urge the member states to take steps that are
within their reach to facilitate an enduring and
peaceful solution of the Nicaraguan problem on the
bases set forth above, scrupulously respecting the
principle of nonintervention and abstaining from any
action that might be in conflict with the above bases
or be incompatible with a peaceful and enduring
solution to the problem.
``2. To commit their efforts to promote humanitarian
assistance to the people of Nicaragua and to contribute
to the social and economic recovery of the country.
``3. To keep the Seventeenth Meeting of Consultation
of Ministers of Foreign Affairs open while the present
situation continues.''.
(2) The government of nicaragua.--The Congress
further finds that--
(A) the Government of National Reconstruction
of Nicaragua formally accepted the June 23,
1979, resolution as a basis for resolving the
Nicaraguan conflict in its ``Plan to Achieve
Peace'' which was submitted to the Organization
of American States on July 12, 1979;
(B) the June 23 1979, resolution and its
acceptance by the Government of National
Reconstruction of Nicaragua was the formal
basis for the removal of the Somoza regime and
the installation of the Government of National
Reconstruction;
(C) the Government of National
Reconstruction, now known as the Government of
Nicaragua and controlled by the Frente
Sandinista (the FSLN), has flagrantly violated
the provisions of the June 23, 1979,
resolution, the rights of the Nicaraguan
people, and the security of the nations in the
region, in that it--
(i) no longer includes the democratic
members of the Government of National
Reconstruction in the political
process;
(ii) is not a government freely
elected under conditions of freedom of
the press, assembly, and organization,
and is not recognized as freely elected
by its neighbors, Costa Rica, Honduras,
and El Salvador;
(iii) has taken significant steps
towards establishing a totalitarian
Communist dictatorship, including the
formation of FSLN neighborhood watch
committees and the enactment of laws
that violate human rights and grant
undue executive power;
(iv) has committed atrocities against
its citizens as documented in reports
by the Inter-American Commission on
Human Rights of the Organization of
American States;
(v) has aligned itself with the
Soviet Union and Soviet allies,
including the German Democratic
Republic, Bulgaria, Libya, and the
Palestine Liberation Organization;
(vi) has committed and refuses to
cease aggression in the form of armed
subversion against its neighbors in
violation of the Charter of the United
Nations, the Charter of the
Organization of American States, the
Inter-American Treaty of Reciprocal
Assistance, and the 1965 United Nations
General Assembly Declaration on
Intervention; and
(vii) has built up an army beyond the
needs of immediate self-defense, at the
expense of the needs of the Nicaraguan
people and about which the nations of
the region have expressed deepest
concern.
(3) The nicaraguan democratic opposition.--The
Congress further finds that--
(A) as a result of these violations, the
Government of Nicaragua has lost the support of
virtually all independent sectors of Nicaraguan
society who initially supported the removal of
the Somoza regime (including democratic
political parties of the left, center, and
right; the leadership of the Church; free
unions; and the business, farmer, and
professional sectors) and who still seek
democracy, reject the rule of the Frente
Sandinista, and seek the free elections
promised in 1979;
(B) the Nicaraguan political opposition has
joined with the armed opposition groups in
issuing the San Jose Manifesto of March 1,
1985, calling for a national dialogue under
mediation by the Nicaraguan Bishops Conference
to peacefully attain the fulfillment of the
Government of Nicaragua's commitments to the
Organization of American States, including
``the democratization of Nicaragua, conscious
that democracy is the only means to carry out
an authentic revolution and secure our national
identity and sovereignty'';
(C) on June 12, 1985, in San Salvador, El
Salvador, the political and armed opposition
groups representing the entire democratic
political spectrum of Nicaragua formed the
United Nicaraguan Opposition and affirmed their
``historical commitment to achieve for
Nicaragua the reconciliation of her children,
to establish the foundation for democracy and
the moral and material reconstruction of the
nation''; and
(D) the United Nicaraguan Opposition further
declared its intention to ``give priority at
all times to a political solution which will
ease the suffering of our people''.
(4) Concerns in the region and united states
responsibilities.--The Congress further finds that--
(A) Nicaragua's neighbors, Costa Rica, El
Salvador, and Honduras, have expressed,
individually and through the Contadora process,
their belief that their peace and freedom is
not safe so long as the Government of Nicaragua
excludes from power most of Nicaragua's
political leadership and is controlled by a
small sectarian party, without regard to the
will of the majority of Nicaraguans; and
(B) the United States, given its role in the
installation of the current Government of
Nicaragua, has a special responsibility
regarding the implementation of the commitments
made by that Government in 1979, especially to
those who fought against Somoza to bring
democracy to Nicaragua with United States
support.
(5) Resolution of the conflict.--The Congress--
(A) condemns the Government of Nicaragua for
violating its solemn commitments to the
Nicaraguan people, the United States, and the
Organization of American States;
(B) affirms that the Government of Nicaragua
will be regarded as having achieved political
legitimacy when it fulfills its 1979 commitment
to the Organization of American States to
implement genuinely democratic elections, under
the supervision of the Organization of American
States, in which all elements of the Nicaraguan
resistance can peacefully participate under
conditions recognized as necessary for free
elections by international bodies;
(C) urges the Government of Nicaragua to
enter a national dialogue, as proposed by the
Nicaraguan democratic resistance in San Jose,
Costa Rica, on March 1, 1985, under mediation
by the Nicaraguan Bishops Conference in order
to peacefully resolve the current crisis
through internationally recognized elections in
which all elements of Nicaraguan society can
freely participate;
(D) supports the Nicaraguan democratic
resistance in its efforts to peacefully resolve
the Nicaraguan conflict and to achieve the
fulfillment of the Government of Nicaragua's
solemn commitments to the Nicaraguan people,
the United States, and the Organization of
American States;
(E) supports efforts by the Contadora
nations, the Organization of American States,
and other appropriate regional organizations to
maintain multilateral pressure on Nicaragua to
fulfill its commitments; and
(F) requests that the Secretary of State
transmit the text of this subsection to the
Foreign Ministers of the member states of the
Organization of American States.
(d) Prohibition Relating to Military or Paramilitary
Operations in Nicaragua.--Notwithstanding any other provision
of law, no funds authorized to be appropriated or otherwise
made available by this Act (except the funds authorized to be
appropriated in this section), by the Foreign Assistance Act of
1961, or by the Arms Export Control Act shall be used to
provide assistance of any kind, either directly or indirectly,
to any person or group engaging in an insurgency or other act
of rebellion against the Government of Nicaragua. The United
States shall not enter into any arrangement conditioning,
expressly or impliedly, the provision of assistance under this
Act or the purchase of defense articles and services under the
Arms Export Control Act upon the provision of assistance by a
recipient to persons or groups engaging in an insurgency or
other act of rebellion against the Government of Nicaragua.
(e) Limitation on Use of Funds Against Nicaragua.--None of
the funds authorized to be appropriated in this or any other
Act can be used to fund directly, or indirectly, activities
against the Government of Nicaragua which have not been
authorized by, or pursuant to, law and which would place the
United States in violation of our obligations under the Charter
of the Organization of American States, to which the United
States is a signatory, or under international law as defined by
treaty commitments agreed to, and ratified by, the Government
of the United States.
(f) Food Aid to the Nicaraguan People.--In cooperation with
Cardinal Miguel Obando y Bravo and private and voluntary
organizations, the President should explore and promote means
for providing food aid to the Nicaraguan people through private
and voluntary organizations and the Catholic Church.
(g) Humanitarian Assistance for Nicaraguan Democratic
Resistance.--(1) Effective upon the date of enactment of this
Act, there are authorized to be appropriated $27,000,000 for
humanitarian assistance to the Nicaraguan democratic
resistance. Such assistance shall be provided to such
department or agency of the United States as the President
shall designate, except the Central Intelligence Agency or the
Department of Defense.
(2) The assistance authorized by this subsection is
authorized to remain available for obligation until March 31,
1986.
(3) One-third of the assistance authorized by this
subsection shall be available for obligation at any time after
the appropriation of funds pursuant to such authorization, an
additional one-third shall be available for obligation upon
submission of the first report required by subsection (j), and
the remaining one-third shall be available for obligation upon
submission of the second such report.
(4) The President shall establish appropriate procedures to
ensure that any humanitarian assistance provided by the United
States Government to the Nicaraguan democratic resistance is
used only for the intended purpose and is not diverted (through
barter, exchange, or any other means) for acquisition of
weapons systems, ammunition, or other equipment, vehicle, or
material which can be used to inflict serious bodily harm or
death.
(5) As used in this subsection, the term ``humanitarian
assistance'' means the provision of food, clothing, medicine,
and other humanitarian assistance, and it does not include the
provision of weapons, weapons systems, ammunition, or other
equipment, vehicles, or material which can be used to inflict
serious bodily harm or death.
(h) Assistance for Implementation of a Contadora
Agreement.--Effective upon the date of enactment of this Act,
there are authorized to be appropriated $2,000,000, which are
authorized to remain available until expended, for payment by
the Secretary of State for the expenses arising from
implementation by the Contadora nations (Mexico, Panama,
Colombia, and Venezuela) of an agreement among the countries of
Central America based on the Contadora Document of Objectives
of September 9, 1983, including peacekeeping, verification, and
monitoring systems.
(i) Policies With Respect to Nicaragua.--The President is
hereby urged and requested--
(1) to pursue vigorously the use of diplomatic and
economic measures to resolve the conflict in Nicaragua,
including simultaneous negotiations--
(A) to implement the Contadora Document of
Objectives of September 8, 1983; and
(B) to develop, in close consultation and
cooperation with other nations, trade and
economic measures to complement such policies
of the United States and to encourage the
Government of Nicaragua to take the necessary
steps to resolve the conflict;
(2) to suspend the economic sanctions imposed by the
President on May 1, 1985, and the United States
military maneuvers in Honduras and off the coast of
Nicaragua, if the Government of Nicaragua agrees--
(A) to a cease fire,
(B) to open a dialogue with all elements of
the opposition, including the Nicaraguan
democratic resistance, and
(C) to suspend the state of emergency in
Nicaragua;
(3) to call upon the Nicaraguan democratic resistance
to remove from their ranks any individuals who have
engaged in human rights abuses; and
(4) to resume bilateral discussions with the
Government of Nicaragua with a view to encouraging--
(A) a church-mediated dialogue between the
Government of Nicaragua and all elements of the
opposition, including the Nicaraguan democratic
resistance, in support of internal
reconciliation as called for by the Contadora
Document of Objectives; and
(B) a comprehensive, verifiable agreement
among the nations of Central America, based on
the Contadora Document of Objectives.
(j) Reports.--The President shall submit a report to the
Congress 90 days after the date of enactment of this Act, and
every 90 days thereafter, on any actions taken to carry out
subsections (g) and (h). Each such report shall include--
(1) a detailed statement of any progress made in
reaching a negotiated settlement referred to in
subsection (i)(1), including the willingness of the
Nicaraguan democratic resistance and the Government of
Nicaragua to negotiate a settlement;
(2) a detailed accounting of the disbursements made
to provide humanitarian assistance with the funds
provided pursuant to subsection (g); and
(3) a discussion of the alleged human rights
violations by the Nicaraguan democratic resistance and
the Government of Nicaragua, including a statement of
the steps taken by the Nicaraguan democratic resistance
to comply with the request referred to in subsection
(i)(3).
(k) Submission of Request for Additional Assistance for the
Central America Peace Process.--If the President determines at
any time after the enactment of this Act that--
(1) negotiations based on the Contadora Document of
Objectives of September 9, 1983, have produced an
agreement, or show promise of producing an agreement,
or
(2) other trade and economic measures will assist in
a resolution of the conflict, or to stabilization in
the region,
the President may submit to the Congress a request for budget
and other authority to provide additional assistance for the
furtherance of the Central America peace process.
(l) Statement To Be Included.--The President's request
pursuant to subsection (k) shall include a detailed statement
as to progress made to resolve the conflict in the region.
(m) Consultation With the Congress.--In formulating a
request pursuant to subsection (k), the President shall consult
with the Congress.
(n) House Procedures.--(1) The provisions of this
subsection apply, during the 99th Congress, to the
consideration in the House of Representatives of a joint
resolution with respect to the request submitted by the
President pursuant to subsection (k).
(2) For purposes of this subsection, the term ``joint
resolution'' means only a joint resolution introduced within 3
legislative days after the Congress receives the request
submitted by the President pursuant to subsection (k)--
(A) the matter after the resolving clause of which is
as follows: ``That the Congress hereby approves the
additional authority and assistance for the Central
America peace process that the President requested
pursuant to the International Security and Development
Cooperation Act of 1985, notwithstanding section 10 of
Public Law 91672.'';
(B) which does not have a preamble; and
(C) the title of which is as follows: ``Joint
Resolution relating to Central America pursuant to the
International Security and Development Cooperation Act
of 1985.''.
(3) A joint resolution shall, upon introduction, be
referred to the appropriate committee or committees of the
House of Representatives.
(4) If all the committees of the House to which a joint
resolution has been referred have not reported the same joint
resolution by the end of 15 legislative days after the first
joint resolution was introduced, any committee which has not
reported the first joint resolution introduced shall be
discharged from further consideration of that joint resolution
and that joint resolution shall be placed on the appropriate
calendar of the House.
(5)(A) At any time after the first joint resolution placed
on the appropriate calendar has been on that calendar for a
period of 5 legislative days, it is in order for any Member of
the House (after consultation with the Speaker as to the most
appropriate time for the consideration of that joint
resolution) to move that the House resolve itself into the
Committee of the Whole House on the State of the Union for the
consideration of that joint resolution. The motion is highly
privileged and is in order even though a previous motion to the
same effect has been disagreed to. All points of order against
the joint resolution under clauses 2 and 6 of Rule XXI of the
Rules of the House are waived. If the motion is agreed to, the
resolution shall remain the unfinished business of the House
until disposed of. A motion to reconsider the vote by which the
motion is disagreed to shall not be in order.
(B) Debate on the joint resolution shall not exceed ten
hours, which shall be divided equally between a Member favoring
and a Member opposing the joint resolution. A motion to limit
debate is in order at any time in the House or in the Committee
of the Whole and is not debatable.
(C) An amendment to the joint resolution is not in order.
(D) At the conclusion of the debate on the joint
resolution, the Committee of the Whole shall rise and report
the joint resolution back to the House, and the previous
question shall be considered as ordered on the joint resolution
to final passage without intervening motion.
(6) As used in this subsection, the term ``legislative
day'' means a day on which the House is in session.
(o) Senate Procedures.--A joint resolution which is
introduced in the Senate within 3 calendar days after the day
on which the Congress receives a Presidential request described
in subsection (k) and which, if enacted, would grant the
President the authority to take any or all of the actions
described in subsection (k) shall be considered in accordance
with procedures contained in paragraphs (3) through (7) of
section 8066(c) of the Department of Defense Appropriations
Act, 1985 (as contained in Public Law 98-473), except that--
(1) references in such paragraphs to the Committees
on Appropriations of the Senate shall be deemed to be
references to the appropriate committee or committees
of the Senate; and
(2) amendments to the joint resolution are in order.
(p) \37\ * * * [Repealed--1987]
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\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--
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``(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]
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\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.''.
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(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.''.
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(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.
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\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.
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(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,
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\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.''.
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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.
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\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.''.
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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]
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\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--
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``(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.
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``(d) Prohibition on Economic Assistance.--The President shall
suspend all forms of economic assistance to the Government of Ethiopia.
This section shall not be construed to prevent the furnishing of
international disaster assistance under section 491 of the Foreign
Assistance Act of 1961 or economic assistance which will directly
benefit people in accordance with section 116 of that Act.''.
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SEC. 813. ASSISTANCE FOR THE PEOPLE'S REPUBLIC OF MOZAMBIQUE.
(a) Economic Assistance.--The funds authorized to be
appropriated for fiscal years 1986 and 1987 to carry out
chapter 1 of part I (relating to development assistance) and
chapter 4 of part II (relating to the economic support fund) of
the Foreign Assistance Act of 1961 that are allocated for
bilateral assistance to the People's Republic of Mozambique
shall be used solely for assistance to the private sector of
the economy of Mozambique to the maximum extent practicable. To
the maximum extent practicable, such funds shall be channeled
to non-governmental entities in Mozambique.
(b) Military Assistance.--(1) None of the funds authorized
to be appropriated for fiscal year 1986 or fiscal year 1987 to
carry out chapter 2 of part II (relating to grant military
assistance) or chapter 5 of part II (relating to international
military education and training) of the Foreign Assistance Act
of 1961 shall be used to provide assistance to the People's
Republic of Mozambique unless the President makes the
certification described in paragraph (2) before providing any
such assistance for that fiscal year.
(2) The certification required by paragraph (1) is a
certification by the President to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate that the Government of the People's
Republic of Mozambique--
(A) is making a concerted and significant effort to
comply with internationally recognized human rights;
(B) is making continued progress in implementing
essential economic and political reforms, including the
restoration of private property and respect for the
right to engage in free enterprise in all sectors of
the economy;
(C) has implemented a plan by September 30, 1986, to
reduce the number of foreign military personnel to no
more than 55; and
(D)(i) in the case of a certification with respect to
assistance for fiscal year 1986, is committed to
holding free elections at a date no later than
September 30, 1986, and to that end has demonstrated
its good faith efforts to begin discussions with all
major political factions in Mozambique which have
declared their willingness to find and implement an
equitable political solution to the conflict, with such
solution to involve a commitment to--
(I) the electoral process with
internationally recognized observers; and
(II) the elimination of all restrictions on
the formation and activities of opposition
political parties; and
(ii) in the case of a certification with respect to
assistance for fiscal year 1987, held free elections by
September 30, 1986.
TITLE IX--ASIA
SEC. 901. THE PHILIPPINES.\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--
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\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
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``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:
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``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.
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``MILITARY ASSISTANCE
---------------------------------------------------------------------------
``For an additional amount for `Military Assistance', $50,000,000,
to remain available until March 31, 1987: Provided, That this amount
shall be available only for the Philippines: Provided further, That
none of these funds may be available for obligation unless the
Appropriations Committees of both Houses of Congress are previously
notified fifteen days in advance.''.
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(1) guaranteeing free, fair, and honest elections in
1986 and 1987, or sooner should any such elections
occur;
(2) ensuring the full, fair, and open prosecution of
those responsible for the murder of Benigno Aquino,
including those involved in the cover-up;
(3) ensuring freedom of speech and freedom of the
press, and unrestricted access to the media on the part
of all candidates for public office in the local and
provincial elections of 1986 and the Presidential
election of 1987;
(4) establishing the writ of habeas corpus and the
termination of the Presidential Detention Action and
all other forms of detention without charge or trial;
(5) releasing all individuals detained or imprisoned
for peaceful political activities;
(6) making substantial progress in terminating
extrajudicial killings by the Philippine military and
security forces and the prosecution of those
responsible for such killings in the past;
(7) implementing structural economic reforms and a
strengthening of the private sector, including
elimination of corruption and monopolies; and
(8) enhancing the professional capability of the
Philippine armed forces and security forces (including
the Philippine Constabulary and the Civilian House
Defense Forces).
(b) Primary Purpose of United States Assistance.--The
Congress finds and declares that the primary purpose of United
States assistance to the Philippines should be to maintain and
foster friendly relations between the people of the Philippines
and the people of the United States and to encourage the
restoration of internal security, both of which goals can be
best served by the achievement of an open and stable democracy.
(c) Congressional Oversight.--The Congress, in determining
future aid levels for the Philippines, will take into account
not only our military bases agreement with that country, but
also the extent to which the objectives and goals specified in
subsections (a) and (b) have been implemented. The Congress may
defer assistance for the Philippines under both chapter 2 of
part II of the Foreign Assistance Act of 1961 and the Arms
Export Control Act if--
(1) significant progress is not achieved with respect
to the objectives and goals specified in subsections
(a) and (b), or
(2) the Congress finds that such assistance is used
to violate the internationally recognized human rights
of the Filipino people.
(d) \45\ * * * [Repealed--1986]
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\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--
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``(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.
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\46\ 22 U.S.C. 2374 note.
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(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.
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\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.''.
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(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. * * *
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\48\ For text, see Legislation on Foreign Relations Through 2002,
vol. I-B.
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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.
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\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.''.
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(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.
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\50\ 22 U.S.C. 2151 note.
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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.''.
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\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.''.
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(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\
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\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 * * *''.
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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.
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(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.
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\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''.
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(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'').
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\55\ 15 U.S.C. 4011 note.
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(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).
p. 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\ * * *
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\1\ Sec. 101(b)(1) was cited as the ``Foreign Assistance and
Related Programs Appropriations Act, 1984.''
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(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--
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\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.
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(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\
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\3\ This amendment added a new sec. 108 to the Foreign Assistance
Act of 1961.
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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:
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\4\ These amendments added a new chapter 8 to part II of the
Foreign Assistance Act of 1961.
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``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.''.
* * * * * * *
q. 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\ * * *
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\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\
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\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.
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* * * * * * *
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.
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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.
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\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.
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* * * * * * *
TITLE V--OTHER ASSISTANCE PROGRAMS
* * * * * * *
international narcotics control
Sec. 502. (a)(1) \5\ * * *
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\5\ Par. (1) amended sec. 481(d) of the FA Act of 1961.
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(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.
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\6\ 22 U.S.C. 2291 note.
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(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\ * * *
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\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 2002, vol. I-B.
---------------------------------------------------------------------------
(b) \8\ * * *
---------------------------------------------------------------------------
\8\ For text of freestanding provisions of sec. 601, see
Legislation on Foreign Relations Through 2002, vol. I-B.
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* * * * * * *
RESTORATION OF CERTAIN AUTHORITIES FORMERLY CONTAINED IN THE FOREIGN
SERVICE ACT
Sec. 604. (a) \9\ * * *
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\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 2002, 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 2002, vol. I-B.
---------------------------------------------------------------------------
(c) \11\ * * *
---------------------------------------------------------------------------
\11\ For text of sec. 604(c), see Legislation on Foreign Relations
Through 2002, 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.
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* * * * * * *
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\ * * *
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\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.
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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\
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\15\ For text, see Legislation on Foreign Relations Through 1988,
vol. V, sec. F.
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(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.''.
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(3) peacekeeping operations are vital to the mission
of the United Nations and must be adequately financed
if such operations are to continue.\17\
(b) It is the sense of the Congress that the President,
acting through the Permanent Representative of the United
States to the United Nations, should undertake appropriate
diplomatic initiatives to ensure that members of the United
Nations make payments of all their outstanding financial
obligations to the United Nations, including their \18\
assessments with respect to the peacekeeping operations of the
United Nations.
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\18\ Sec. 701(3) of the FRIENDSHIP Act (Public Law 103-199; 107
Stat. 2317) struck out ``a diplomatic initiative to obtain payment by
the Government of the Union of Soviet Socialist Republics of all its
outstanding financial obligations to the United Nations, including
its'' and inserted in lieu thereof ``appropriate diplomatic initiatives
to ensure that members of the United Nations make payments of all their
outstanding financial obligations to the United Nations, including
their''.
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CONDEMNATION OF LIBYA FOR ITS SUPPORT OF INTERNATIONAL TERRORIST
MOVEMENTS
Sec. 718. (a) The Congress condemns the Libyan Government
for its support of international terrorist movements, its
efforts to obstruct positive movement toward the peaceful
resolution of problems in the Middle East region, and its
actions to destabilize and control governments of neighboring
states in Africa.
(b) The Congress believes that the President should conduct
an immediate review of concrete steps the United States could
take, individually and in concert with its allies, to bring
economic and political pressure on Libya to cease such
activities, and should submit a report on that review to the
Congress within one hundred and eighty days after the date of
enactment of this Act. Such a review should include the
possibility of tariffs on or prohibitions against the import of
crude oil from Libya.
UNITED STATES CITIZENS ACTING IN THE SERVICE OF INTERNATIONAL TERRORISM
Sec. 719. (a) It is the sense of the Congress that the
spread of international terrorism poses a grave and growing
danger for world peace and for the national security of the
United States. As a part of its vigorous opposition to the
activities of international terrorist leaders and the increase
of international terrorism, the United States should take all
steps necessary to ensure that no United States citizen is
acting in the service of terrorism or of the proponents of
terrorism.
(b) Not later than six months after the enactment of this
Act, the President shall submit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report which includes--
(1) a description of all legislation, currently in
force, and of all administrative remedies, presently
available, which can be employed to prevent the
involvement, service, or participation by United States
citizens in activities in support of international
terrorism or terrorist leaders;
(2) an assessment of the adequacy of such legislation
and remedies, and of the enforcement resources
available to carry out such measures, to prevent the
involvement, service, or participation by United States
citizens in activities in support of international
terrorism or terrorist leaders; and
(3) a description of available legislative and
administrative alternatives, together with an
assessment of their potential impact and effectiveness,
which could be enacted or employed to put an end to the
participation of United States citizens in activities
in support of international terrorism or terrorist
leaders.
NONALIGNED COUNTRIES
Sec. 720. (a) In considering whether to provide assistance,
make sales, extend credits, or guarantee loans under the
provisions of the Foreign Assistance Act of 1961, as amended,
or the Arms Export Control Act, to any country represented at
the Meeting of Ministers of Foreign Affairs and Heads of
Delegations of the Non-Aligned Countries to the 36th General
Session of the General Assembly of the United Nations on
September 25 and 28, 1981, the President shall take into
account whether such country has dissociated itself from the
communique issued following the meeting.
(b) Within thirty days after the date of enactment of this
section, the President shall submit a report to the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate on the countries which have dissociated
themselves from the nonaligned countries communique and on
their methods of dissociation.
PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING FOR
ORDERLY EMIGRATION FROM HAITI
Sec. 721.\19\ (a)(1) It is the sense of the Congress that
up to $15,000,000 of the funds available for the fiscal year
1982 to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 should be made available for development assistance
for Haiti, subject to the limitation in subsection (b) of this
section.
---------------------------------------------------------------------------
\19\ 22 U.S.C. 2151 note.
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(2) To the maximum extent practicable, assistance for Haiti
for the fiscal year 1982 under chapter 1 of part I of the
Foreign Assistance Act of 1961 should be provided through
private and voluntary organizations.
(b) Funds available for the fiscal year 1982 to carry out
chapter 1 of part I or chapter 2 or chapter 5 of part II of the
Foreign Assistance Act of 1961 may be expended for Haiti, and
credits and guarantees extended for the fiscal year 1982 under
the Arms Export Control Act may be approved for use for Haiti,
only if the President determines that the Government of Haiti--
(1) is cooperating with the United States in halting
illegal emigration from Haiti:
(2) is not aiding, abetting, or otherwise supporting
illegal emigration from Haiti;
(3) has provided assurances that it will cooperate
fully in implementing United States development
assistance programs in Haiti (including programs for
prior fiscal years); and
(4) is not engaged in a consistent pattern of gross
violations of internationally recognized human rights.
(c) Six months after the date of enactment of this Act, the
President shall prepare and transmit to the Congress a report
on the extent to which the actions of the Government of Haiti
are consistent with paragraphs (1), (2), (3), and (4) of
subsection (b) of this section.
(d) Notwithstanding the limitations of section 660 of the
Foreign Assistance Act of 1961, funds made available under such
Act for the fiscal year 1982 and for the fiscal year 1983 may
be used for programs with Haiti to assist in halting
significant illegal emigration from Haiti to the United States.
COMPREHENSIVE ANALYSIS OF FOREIGN ASSISTANCE
Sec. 722. (a) It is the sense of Congress that at a time
when major retrenchments and reappraisals are being made in
domestic programs, it is also logical that, while maintaining
past international commitments, the magnitude and direction of
future foreign assistance programs should also be reviewed. As
part of such a review process, the President is requested to
provide a comprehensive report to the Congress on his approach
to foreign assistance. Such report shall include an analysis
and recommendations on the following issues:
(1) the relationship between foreign assistance and
defense expenditures as means of conducting foreign
policy;
(2) the appropriate mix between military and economic
assistance;
(3) the strengths and weaknesses, and appropriate
mix, of bilateral and multilateral assistance programs;
(4) the relevance of the basic human needs approach
to current aid policy;
(5) the performance of other aid donors, and the
benefits they derive from their programs;
(6) criteria for determining the appropriate size and
composition of country programs;
(7) the appropriateness of the current mix of grants
and loans, and the possibility of combining them with
new or existing guarantee, insurance, and export credit
programs;
(8) specific means to more actively engage the
private sector in assistance programs; and
(9) the usefulness of current functional categories
in constructing the development assistance budget.
(b) The Congress requests that the President provide to the
Congress a preliminary report by March 31, 1982, and a final
report by June 30, 1982, with respect to the issues referred to
in subsection (a).
EXTERNAL DEBT BURDENS OF EGYPT, ISRAEL, AND TURKEY
Sec. 723. The Congress finds that the Governments of Egypt,
Israel, and Turkey each have an enormous external debt burden
which may be made more difficult by virtue of financing
provided for those governments under various United States
assistance programs. In order to assist the Congress in
examining United States assistance for these countries, the
President shall report to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate, not later than one hundred and twenty
days after the date of enactment of this Act and not later than
one year after the date of enactment of this Act, regarding
economic conditions prevailing in Egypt, Israel, and Turkey
which may affect their respective ability to meet their
international debt obligations and to stabilize their
economies. These reports shall also analyze the impact on
Egypt's economy of Arab sanctions against Egypt.
NICARAGUA
Sec. 724. (a) In furnishing assistance under this Act to
the Government of Nicaragua, the President shall take into
account the extent to which that Government has engaged in
violations of internationally recognized human rights
(including the right to organize and operate labor unions free
from political oppression, the right to freedom of the press,
and the right to freedom of religion) and shall encourage the
Government of Nicaragua to respect those rights.
(b) In furnishing assistance under this Act to the
Government of Nicaragua, the President shall take into account
the extent to which that Government has fulfilled its pledge of
July 1979 to the member states of the Organization of American
States--
(1) to establish full respect for human rights in
Nicaragua in accordance with the United Nations
Universal Declaration of the Rights and Duties of Man
and the Charter on Human Rights of the Organization of
American States;
(2) to allow the free movement in Nicaragua of the
Inter-American Commission on Human Rights; and
(3) to establish the framework for free and
democratic elections so that the people of Nicaragua
may elect their representatives to city councils, to
constitutional assembly, and to Nicaragua's highest-
ranking authorities, with such framework to include,
but not be limited to, the full and complete
opportunity for political activity of the Nicaraguan
people.
(c) Assistance to the Government of Nicaragua under this
Act shall be terminated if the President determines and reports
to the Congress that the Government of Nicaragua cooperates
with or harbors any international terrorist organization or is
aiding, abetting, or supporting acts of violence or terrorism
in other countries, or that Soviet, Cuban, or other foreign
combat military forces are stationed or situated within the
borders of Nicaragua and the presence of such forces
constitutes a threat to the national security of the United
States or to any Latin American ally of the United States.
(d) Any agreement between the United States and the
Government of Nicaragua regarding the use of funds appropriated
to carry out this Act, which are to be made available in the
form of loans, shall specifically require that to the maximum
extent possible such loan funds, and any local currency
generated in conjunction therewith, shall be used for
assistance to the private sector. Local currency loan programs
in Nicaragua shall be monitored and audited in accordance with
section 624(g) of the Foreign Assistance Act of 1961.
(e) For each six-month period in which any funds are
expended under this Act for Nicaragua, the President shall
submit to the Speaker of the House of Representatives, and the
chairman of the Committee on Foreign Relations of the Senate, a
report accounting fully and in itemized detail for the amounts
obligated and actually expended in Nicaragua.
Sec. 725.\20\ Assistance and Sales for Argentina. * * *
[Repealed--1989]
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\20\ Title V of Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law
101-162; 103 Stat. 1030) repealed sec. 725 (22 U.S.C. 2370 note). Sec.
725 had (a) repealed sec. 620B of the Foreign Assistance Act of 1961,
and (b) required the President to provide to Congress a detailed report
certifying that (1) the Government of Argentina made significant
progress in complying with internationally recognized principles of
human rights; and (2) the provision of such assistance, credits, loan
guarantees, defense articles, defense services, or export licenses was
in the national interests of the United States, as a condition for
those forms of assistance listed in par. (2).
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REPEAL OF LIMITATIONS ON ASSISTANCE, SALES, AND SALES CREDITS FOR CHILE
Sec. 726. (a) Section 406 of the International Security
Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2370
note) is repealed.
(b) \21\ Notwithstanding any other provision of law--
---------------------------------------------------------------------------
\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:
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``CHILE
---------------------------------------------------------------------------
``Sec. 544. (a) Funds appropriated by this Act under the heading
`Economic Support Fund' may be used under the authority of section
534(b) (4) and (6) of the Foreign Assistance Act of 1961 to support the
efforts of private groups and individuals seeking to develop a national
consensus on the importance of an independent judiciary and the
administration of justice generally in a democratic society. Assistance
may be provided under this section without regard to the requirements
of section 726(b) of the International Security and Development
Cooperation Act of 1981.''.
In Public Notice 1333 of September 30, 1990, the Secretary of State
certified that ``(A) the Government of Chile has made significant
progress in complying with internationally recognized principles of
human rights; (B) the provision of the assistance, articles and
services described in provisions (1)-(4) of sections 726(b) of the Act
to Chile is in the national interest of the United States; and (C) the
Government of Chile is not aiding or abetting international terrorism
and has taken appropriate steps to cooperate to bring to justice by all
legal means available in the United States or Chile those indicted by a
United States grand jury in connection with the murders of Orlando
Letelier and Ronni Moffitt.'' (56 F.R. 4886; February 6, 1991).
See also 22 CFR Part 126, International Traffic in Arms
Regulations, and amendments to same, effective October 29, 1991 (56
F.R. 55630; October 29, 1991).
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(1) no assistance may be furnished under chapter 2,
4, 5, or 6 of part II of the Foreign Assistance Act of
1961 to Chile;
(2) no sale of defense articles or services may be
made under the Arms Export Control Act to Chile:
(3) no credits (including participation in credits)
may be extended and no loan may be guaranteed under the
Arms Export Control Act with respect to Chile; and
(4) no export licenses may be issued under section 38
of the Arms Export Control Act to or for the Government
of Chile;
unless and until the President submits to the Speaker of the
House of Representatives and the chairman of the Committee on
Foreign Relations of the Senate a detailed report certifying--
(A) that the Government of Chile has made significant
progress in complying with internationally recognized
principles of human rights;
(B) that the provision of such assistance, articles
or services is in the national interest of the United
States; and
(C) that the Government of Chile is not aiding or
abetting international terrorism and has taken
appropriate steps to cooperate to bring to justice by
all legal means available in the United States or Chile
those indicted by a United States grand jury in
connection with the murders of Orlando Letelier and
Ronni Moffitt.
(c) \22\ The prohibition contained in subsection (b) does
not prohibit the sale, or the licensing for export, of
cartridge actuated devices, propellant actuated devices,
components, parts, tools, technical manuals, time compliance to
technical orders (TCTOs), or TCTO retrofits for aircraft of the
F-5E/F, A/T-37, or C-130E/H type owned by the Chilean Air
Force,\23\ so long as the items are provided only for purposes
of enhancing the safety of the aircraft crew.
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\22\ Subsec. (c) was added by sec. 715 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99
Stat. 247).
\23\ Sec. 544(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2019), struck out ``and technical manuals for aircraft of the F-
5E/F or A/T-37 type which were sold to the Chilean Air Force by the
United States before January 1, 1976'', and inserted in lieu thereof
text beginning at ``components, parts, tools, * * *''.
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ASSISTANCE FOR EL SALVADOR
Sec. 727. (a) It is the sense of the Congress that
assistance furnished to the Government of El Salvador, both
economic and military, should be used to encourage--
(1) full observance of internationally recognized
human rights in accordance with sections 116 and 502B
of the Foreign Assistance Act of 1961;
(2) full respect for all other fundamental human
rights, including the right of freedom of speech and of
the press, the right to organize and operate free labor
unions, and the right to freedom of religion;
(3) continued progress in implementing essential
economic and political reforms, including land reform
and support for the private sector;
(4) a complete and timely investigation of the deaths
of all United States citizens killed in El Salvador
since October 1979;
(5) an end to extremist violence and the
establishment of a unified command and control of all
government security forces in this effort;
(6) free, fair, and open elections at the earliest
date; and
(7) increased professional capability of the
Salvadoran Armed Forces in order to establish a
peaceful and secure environment in which economic
development and reform and the democratic processes can
be fully implemented, thereby permitting a phased
withdrawal of United States military training and
advisory personnel at the earliest possible date.
(b) It is the sense of the Congress that the United States
economic assistance to El Salvador should put emphasis on
revitalizing the private sector and supporting the free market
system. The Congress recognizes that the lack of foreign
exchange to buy imported raw materials and intermediate goods
is a major impediment to the ability of the Salvadoran economy
to provide jobs. The Congress also recognizes that the funds
budgeted for economic assistance are only a fraction of the
foreign exchange needed, and United States economic aid should
be used, wherever possible, to stimulate private sector
lending. Therefore, the Congress urges the President to set
aside a portion of the economic support funds to provide
guarantees to private United States banks willing to give
credits to the Salvadoran private sector.
RESTRICTIONS ON MILITARY ASSISTANCE AND SALES TO EL SALVADOR
Sec. 728.\21\ (a)(1) The Congress finds that peaceful and
democratic development in Central America is in the interest of
the United States and of the community of American States
generally, that the recent civil strife in El Salvador has
caused great human suffering and disruption to the economy of
that country, and that substantial assistance to El Salvador is
necessary to help alleviate that suffering and to promote
economic recovery within a peaceful and democratic process.
Moreover, the Congress recognizes that the efforts of the
Government of El Salvador to achieve these goals are affected
by the activities of forces beyond its control.
(2) Taking note of the substantial progress made by the
Government of El Salvador in land and banking reforms, the
Congress declares it should be the policy of the United States
to encourage and support the Government of El Salvador in the
implementation of these reforms.
(3) The United States also welcomes the continuing efforts
of President Duarte and his supporters in the Government of El
Salvador to establish greater control over the activities of
members of the armed forces and government security forces. The
Congress finds that it is in the interest of the United States
to cooperate with the Duarte government in putting an end to
violence in El Salvador by extremist elements among both the
insurgents and the security forces, and in establishing a
unified command and control of all government forces.
(4) The United States supports the holding of free, fair,
and open elections in El Salvador at the earliest date. The
Congress notes the progress being made by the Duarte government
in this area, as evidenced by the appointment of an electoral
commission.
(b) In fiscal years 1982 and 1983, funds may be obligated
for assistance for El Salvador under chapter 2 or 5 of part II
of the Foreign Assistance Act of 1961, letters of offer may be
issued and credits and guarantees may be extended for El
Salvador under the Arms Export Control Act, and members of the
Armed Forces may be assigned or detailed to El Salvador to
carry out functions under the Foreign Assistance Act of 1961 or
the Arms Export Control Act, only if not later than thirty days
after the date of enactment of this Act and every one hundred
and eighty days thereafter, the President makes a certification
in accordance with subsection (d).
(c) If the President does not make such a certification at
any of the specified times then the President shall
immediately--
(1) suspend all expenditures of funds and other
deliveries of assistance for El Salvador which were
obligated under chapters 2 and 5 of part II of the
Foreign Assistance Act of 1961 after the date of
enactment of this Act;
(2) withhold all approvals for use of credits and
guarantees for El Salvador which were extended under
the Arms Export Control Act after the date of enactment
of this Act;
(3) suspend all deliveries of defense articles,
defense services, and design and construction services
to El Salvador which were sold under the Arms Export
Control Act after the date of enactment of this Act;
and
(4) order the prompt withdrawal from El Salvador of
all members of the Armed Forces performing defense
services, conducting international military education
and training activities, or performing management
functions under section 515 of the Foreign Assistance
Act of 1961.
Any suspension of assistance pursuant to paragraphs (1) through
(4) of this subsection shall remain in effect during fiscal
year 1982 and during fiscal year 1983 until such time as the
President makes a certification in accordance with subsection
(d).
(d) The certification required by subsection (b) is a
certification by the President to the Speaker of the House of
Representatives and to the chairman of the Committee on Foreign
Relations of the Senate of a determination that the Government
of El Salvador--
(1) is making a concerted and significant effort to
comply with internationally recognized human rights;
(2) is achieving substantial control over all
elements of its own armed forces, so as to bring to an
end the indiscriminate torture and murder of Salvadoran
citizens by these forces:
(3) is making continued progress in implementing
essential economic and political reforms, including the
land reform program;
(4) is committed to the holding of free elections at
an early date and to that end has demonstrated its good
faith efforts to begin discussions with all major
political factions in El Salvador which have declared
their willingness to find and implement an equitable
political solution to the conflict, with such solution
to involve a commitment to--
(A) a renouncement of further military or
paramilitary activity; and
(B) the electoral process with
internationally recognized observers.
Each such certification shall discuss fully and completely the
justification for making each of the determinations required by
paragraphs (1) through (4).
(e) \24\ On making the first certification under subsection
(b) of this section, the President shall also certify to the
Speaker of the House of Representatives and the chairman of the
Committee on Foreign Relations of the Senate that he has
determined that the Government of El Salvador has made good
faith efforts both to investigate the murders of the six United
States citizens in El Salvador in December 1980 and January
1981 and to bring to justice those responsible for those
murders. The second certification required under this section
may be made only if it includes a determination by the
President that the Government of El Salvador (1) has made good
faith efforts since the first such certification was made to
investigate the murders of those six United States citizens and
to bring to justice those responsible for those murders, and
(2) has taken all reasonable steps to investigate the
disappearance of journalist John Sullivan in El Salvador in
January 1981.\25\ The fourth certification required under this
section may be made only if it includes a determination by the
President that, since the third such certification was made,
the Government of El Salvador (1) has made good faith efforts
both to investigate the murders of the seven United States
citizens in El Salvador in December 1980 and January 1981 and
to bring to justice all those responsible for those murders,
and (2) has taken all reasonable steps to investigate the
killing of Michael Kline in El Salvador in October 1982.\26\
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\24\ By memorandum of August 10, 1982, the President delegated the
functions conferred upon him under subsec. (e) to the Secretary of
State (47 F.R. 38099; August 30, 1982).
\25\ This sentence was added by Public Law 97-233 (96 Stat. 260).
\26\ This sentence was added by Public Law 98-53 (97 Stat. 287).
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REPORTING REQUIREMENT RELATING TO EL SALVADOR
Sec. 729. (a) Not later than ninety days after the date of
enactment of this section, the President shall prepare and
transmit to the Speaker of the House of Representatives and to
the chairman of the Committee on Foreign Relations of the
Senate a report setting forth--
(1) the viewpoints of all major parties to the
conflict in El Salvador and of the influential actors
in the Salvadoran political system regarding the
potential for and interest in negotiations, elections,
and a settlement of the conflict; and
(2) the views of democratic Latin American nations,
Canada, the Organization of American States, and
European allies of the United States regarding a
negotiated settlement to such conflict.
(b) It is the sense of the Congress that the President
shall, as soon as possible, send a special envoy or use other
appropriate means to consult with and gather information from
appropriate representatives of the parties to the Salvadoran
conflict, democratic governments of Latin America, Canada, and
European allies of the United States regarding the attainment
of a negotiated settlement in El Salvador.
RESTRICTIONS ON AID TO EL SALVADOR
Sec. 730. None of the funds authorized to be appropriated
by this Act may be made available for the provision of
assistance to El Salvador for the purpose of planning for
compensation, or for the purpose of compensation, for the
confiscation, nationalization, acquisition, or expropriation of
any agricultural or banking enterprise, or of the properties or
stock shares which may be pertaining thereto.
EL SALVADORAN REFUGEES
Sec. 731.\27\ It is the sense of the Congress that the
administration should continue to review, on a case-by-case
basis, petitions for extended voluntary departure made by
citizens of El Salvador who claim that they are subject to
persecution in their homeland, and should take full account of
the civil strife in El Salvador in making decisions on such
petitions.
---------------------------------------------------------------------------
\27\ 8 U.S.C. 1157 note.
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* * * * * * *
REPEALS
Sec. 734. (a) * * *
(b) * * *
(c) Except as otherwise explicitly provided by their terms,
amendments to the Foreign Assistance Act of 1961 and the Arms
Export Control Act which are applicable only to a single fiscal
or calendar year or which require reports or other actions on a
nonrecurring basis shall be deemed to have expired and shall be
removed from law upon the expiration of the applicable time
periods for the fulfillment of the required actions.
REPORT ON NUCLEAR ACTIVITIES
Sec. 735. Beginning with the fiscal year 1983 and for each
fiscal year thereafter, the President shall prepare and
transmit to the Congress, as part of the presentation materials
for foreign assistance programs proposed for the fiscal year, a
classified report describing the nuclear programs and related
activities of any country for which a waiver of section 669 or
670 of the Foreign Assistance Act of 1961 is in effect,
including an assessment of--
(1) the extent and effectiveness of International
Atomic Energy Agency safeguards at that country's
nuclear facilities; and
(2) the capability, actions, and intentions of the
government of that country with respect to the
manufacture or acquisition of a nuclear explosive
device.
* * * * * * *
PROHIBITIONS RELATING TO NUCLEAR TRANSFERS AND NUCLEAR DETONATIONS
Sec. 737.\28\ (a) The Congress finds that any transfer of a
nuclear explosive device to a non-nuclear-weapon state or, in
the case of a non-nuclear-weapon state, any receipt or
detonation of a nuclear explosive device would cause grave
damage to bilateral relations between the United States and
that country.
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\28\ 22 U.S.C. 2429a note.
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(b) * * *
(c) * * *
r. 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.
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\1\ 22 U.S.C. 2764.
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* * * * * * *
Sec. 108.\2\ Export Controls on Certain Items on the
Munitions List. * * * [Repealed--1981]
---------------------------------------------------------------------------
\2\ Sec. 108, which had required two reports from the President on
which defense articles and defense services, if any, should be removed
from the U.S. Munitions List and whether sec. 620B of the Foreign
Assistance Act of 1961 (blocking aid and arms sales to Argentina)
should be amended, was repealed by sec. 734(a)(2) of the International
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95
Stat. 1560). These reports were submitted to Congress by the President
on May 12, 1981.
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Sec. 109.\3\ Leasing of Defense Property. * * * [Repealed--
1981]
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\3\ Sec. 109, which had required the President to report to
Congress 30 days prior to leasing defense property to a foreign
government for a period of more than 6 months, was repealed by sec.
109(d)(1) of the International Security and Development Cooperation Act
of 1981 (Public Law 97-113; 95 Stat. 1560). See ch. 6 of the Arms
Export Control Act for current law concerning leases of defense
articles.
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EXPORTATION OF URANIUM DEPLETED IN THE ISOTOPE 235
Sec. 110.\4\ Upon a finding that an export of uranium
depleted in the isotope 235 is incorporated in defense articles
or commodities solely to take advantage of high density or
pyrophoric characteristics unrelated to its radioactivity, such
exports shall be exempt from the provisions of the Atomic
Energy Act of 1954 and of the Nuclear Non-Proliferation Act of
1978 when such exports are subject to the controls established
under the Arms Export Control Act or the Export Administration
Act of 1979.
---------------------------------------------------------------------------
\4\ 22 U.S.C. 2778a.
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* * * * * * *
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:
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``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--
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``(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.
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``(b) If introduced within 30 days after the submission of the
report required by paragraph (2) of subsection (a), a resolution under
paragraph (3) of subsection (a) shall be considered in the Senate in
accordance with the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976 and in the
House of Representatives in accordance with the procedures applicable
to the consideration of resolutions of disapproval under section 36(b)
of the Arms Export Control Act.
``(c) The prohibition contained in subsection (a) does not apply
with respect to assistance which is furnished solely for humanitarian
purposes.
``(d) The provisions of this section may not be waived under any
other provision of law.
``(e) Section 404 of the International Security Assistance and Arms
Export Control Act of 1976 is repealed.''.
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PROHIBITION ON MILITARY ASSISTANCE TO NICARAGUA
Sec. 119.\6\ None of the funds authorized to be
appropriated by this title shall be made available for any aid
or assistance to Nicaragua.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 2151 note.
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TITLE II--ECONOMIC SUPPORT FUND
* * * * * * *
TITLE III--DEVELOPMENT ASSISTANCE PROGRAMS
* * * * * * *
assistance to the eastern caribbean
Sec. 313. (a) The Congress urges the President to use up to
$7,000,000 for the fiscal year 1981 for bilateral development
assistance for the countries of the eastern Caribbean.
(b) \7\ * * * [Repealed--1981]
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\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.
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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. 540 of the Foreign Operations, Export Financing,and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 197), provided the following:
---------------------------------------------------------------------------
``PROHIBITION ON PUBLICITY OR PROPAGANDA
---------------------------------------------------------------------------
``Sec. 540. 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.''.
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(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''.
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\10\ 22 U.S.C. 290h note.
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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).
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(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.
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(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].
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(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 2003--no authorization.
Congress did not enact an authorization for fiscal year 2003.
Instead, the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003 (division E of Public Law 108-7), waived the
requirements for authorization, and title II of that Act (at 117 Stat.
171) provided the following:
---------------------------------------------------------------------------
``AFRICAN DEVELOPMENT FOUNDATION
---------------------------------------------------------------------------
``For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law 96-533,
$18,689,000, to remain available until September 30, 2004: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the board of
directors of the Foundation: Provided further, 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
after each time such waiver authority is exercised.''.
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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.''.
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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.
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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.
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(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.
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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).
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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.
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\28\ 8 U.S.C. 1522 note.
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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]
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\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).
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Sec. 721.\30\ Restriction on Assistance to El Salvador * *
* [Repealed--1981]
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\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).
s. 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]
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\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.
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* * * * * * *
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--
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\2\ 22 U.S.C. 2271 note.
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(1) with respect to Turkey, not to exceed
$50,000,000,
(2) with respect to Greece, not to exceed
$42,000,000, and
(3) with respect to Sudan, not to exceed $25,000,000,
shall be repaid in not less than 20 years, following a grace
period of 10 years on repayment of principal.
* * * * * * *
NATIONAL DISCLOSURE POLICY FOR SENSITIVE WEAPONS TECHNOLOGY
Sec. 20. (a) \3\ * * * [Repealed--1981]
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\3\ Subsec. (a), which had required a report from the President
concerning the results of a review of the interagency procedures and
disclosure criteria used by the U.S. in determining whether sensitive
weapons technology will be transferred to other countries, was repealed
by sec. 734(a)(11) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The
President submitted this report to Congress on March 25, 1980.
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(b) * * *
* * * * * * *
TRANSFER OF WAR RESERVE MATERIEL AND OTHER PROPERTY TO TAIWAN
Sec. 23.\4\ (a) Notwithstanding any other provision of law,
during the calendar year 1980 the President is authorized to
transfer to Taiwan under such terms and conditions as he may
deem appropriate, such United States war reserve materiel that
was located on Taiwan on January 1, 1979, as he may determine.
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\4\ 22 U.S.C. 3302 note.
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(b) Notwithstanding any other provision of law, during the
calendar years 1979 and 1980 the President is authorized to
transfer to Taiwan, under such terms and conditions as he may
deem appropriate, such rights of the United States in property
(other than war reserve materiel) that was located on Taiwan on
January 1, 1979, as he may determine.
AMMUNITION SOLD TO THAILAND
Sec. 24. The Royal Thai Government shall be released from
its contractual obligation to pay to the United States
Government such amount as is due on or before October 30, 1979,
as a condition precedent under the letter of offer accepted by
the Royal Thai Government on April 12, 1977, to the transfer of
title to the last increment of United States ammunition stocks
sold to the Royal Thai Government under such letter of offer
pursuant to the Memorandum of Agreement of March 22, 1977,
relating to the storage of ammunition in Thailand.
Sec. 25.\5\ Assistance for Jordan * * * [Repealed--1981]
---------------------------------------------------------------------------
\5\ Sec. 25, which had required a determination and report by the
President that Jordan was acting in good faith to achieve further
progress toward a comprehensive peace settlement in the Middle East
before funds could be used for assistance to Jordan during fiscal year
1980, was repealed by sec. 734(a)(11) of the International Security and
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
Such a determination was transmitted to Congress on January 10, 1980.
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SHABA AIRLIFT
Sec. 26. Notwithstanding any other provision of law, the
President is authorized to make available the services of the
Department of Defense for the purpose of facilitating the
removal from Zaire of those foreign armed forces which were
transported to Zaire by the United States at the time of the
crisis in Shaba Province in 1978.
FISCAL YEAR 1979 SUPPLEMENTAL AUTHORIZATION FOR TURKEY
Sec. 27.\6\ (a) It is hereby determined that the national
interests of the United States would be served by the
furnishing of additional economic support fund assistance to
Turkey in order to promote the economic and political stability
of that country, and to strengthen its ability to fulfill its
responsibilities as a member of the North Atlantic Treaty
Organization.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 2346c note.
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(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\
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\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''.
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(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.
t. 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).
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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.
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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.
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(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.
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\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.
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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).
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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]
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\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.''.
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EXPIRATION OF AUTHORITIES
Sec. 414.\17\ The authorities contained in this title shall
expire on September 30, 1984.
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\17\ 22 U.S.C. 3513.
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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).
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\18\ 22 U.S.C. 2312 note.
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* * * * * * *
HUMAN RIGHTS REPORTS
Sec. 504. (a) * * *
(b) \19\ * * * [Repealed--1981]
---------------------------------------------------------------------------
\19\ Subsec. (b), which had required a report from the Secretary of
State on the impact on U.S. foreign relations of the human rights
reports required by the Foreign Assistance Act of 1961, was repealed by
sec. 734(a)(3) of the International Security and Development
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). The
Secretary of State submitted this report to Congress on November 15,
1979.
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* * * * * * *
Sec. 506.\20\ Prohibition on Assistance to Vietnam,
Cambodia, and Cuba * * * [Repealed--1981]
---------------------------------------------------------------------------
\20\ Sec. 506, which had prohibited aid to Vietnam, Cambodia, and
Cuba during fiscal year 1980, was repealed by sec. 734(a)(3) of the
International Security and Development Cooperation Act of 1981 (Public
Law 97-113; 95 Stat. 1560).
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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.
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(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.
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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).
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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]
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\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).
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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)''.
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\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.
u. 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.
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(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.
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* * * * * * *
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.
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* * * * * * *
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.
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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.
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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.
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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.
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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.
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\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.
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(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.
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\11\ 22 U.S.C. 2151 note.
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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).
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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.).
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(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.
v. 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.
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* * * * * * *
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.
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* * * * * * *
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).
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(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).
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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.
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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.
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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\
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\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.''
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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.
w. 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]
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\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).
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(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.
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\2\ 22 U.S.C. 2151 note.
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LIMITATION ON USE OF FUNDS; MISSING IN ACTION IN VIETNAM
Sec. 132. (a) \3\ * * * [Repealed--1981]
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\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).
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(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'').
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\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.
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(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]
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\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.
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(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]
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\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).
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EFFECTIVE DATE
Sec. 215. The provisions of this title shall become
effective October 1, 1977.
x. 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''.
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\1\ 22 U.S.C. 2151 note.
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* * * * * * *
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.
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\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.
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* * * * * * *
Sec. 14.\3\ Prohibition on Assistance for Nuclear
Powerplants * * * [Repealed--1981]
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\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).
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* * * * * * *
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.
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\4\ 22 U.S.C. 2151 note.
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Sec. 22.\5\ Assistance and Sales to Greece and Turkey * * *
[Repealed--1981]
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\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).
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Sec. 23.\6\ Arms Sales and United States Defense Readiness
* * * [Repealed--1978]
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\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).
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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--
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\7\ 22 U.S.C. 2751 note.
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(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]
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\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.
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Sec. 25.\9\ Policy on Zaire * * * [Repealed--1981]
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\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).
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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]
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\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).
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(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.
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\11\ 22 U.S.C. 2431 note.
y. 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.
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\1\ 22 U.S.C. 2321a note.
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(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.
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\2\ 22 U.S.C. 2347 note.
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* * * * * * *
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]
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\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).
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* * * * * * *
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]
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\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).
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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]
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\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).
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Sec. 405.\6\ Soviet Intervention in Angola * * *
[Repealed--1993]
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\6\ Sec. 703 of the FRIENDSHIP Act [Public Law 103-199; 107 Stat.
2317) repealed sec. 405.
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Sec. 406.\7\ Limitations on Economic Assistance, Military
Assistance, Sales, and Sales Credits for Chile * * *
[Repealed--1981]
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\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.
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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--
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\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]
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\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).
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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.
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\10\ 22 U.S.C. 2291 note.
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(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]
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\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).
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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.
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\12\ 22 U.S.C. 2293 note.
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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.
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\13\ 22 U.S.C. 2441 note.
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* * * * * * *
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.
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\14\ 22 U.S.C. 2428 note.
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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.
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(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]
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\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).
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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\
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\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).
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* * * * * * *
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.
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\19\ 22 U.S.C. 2751 note.
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* * * * * * *
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.
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\20\ 22 U.S.C. 2394a.
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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.
z. 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.
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* * * * * * *
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.
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\2\ 22 U.S.C. 2220a note.
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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.
aa. 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]
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\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).
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* * * * * * *
Sec. 17.\2\ Review of Military Assistance Program * * *
[Repealed--1978]
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\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).
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* * * * * * *
Sec. 25.\3\ Limitation Upon Assistance to or for Chile * *
* [Repealed--1981]
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\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).
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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).
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Sec. 27.\5\ Limitation on Assistance for India * * *
[Repealed--1981]
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\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).
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famine or disaster relief
Sec. 28.\6\ (a) * * *
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\6\ 22 U.S.C. 2399 note.
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(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]
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\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).
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* * * * * * *
Sec. 43.\8\ * * * [Repealed--1981]
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\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).
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* * * * * * *
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.
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\9\ 22 U.S.C. 278.
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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.
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\10\ 22 U.S.C. 2431 note.
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(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]
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\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).
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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.
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\12\ 22 U.S.C. 2166 note.
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(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]
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\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.
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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--
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\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]
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\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.
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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:
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\16\ 22 U.S.C. 2175 note.
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(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.
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\17\ 22 U.S.C. 2379 note.
bb. 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''.
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\1\ 22 U.S.C. 2151 note.
\2\ For text, see Legislation on Foreign Relations Through 2000,
vol. III, sec. I.
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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).
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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.
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\4\ 22 U.S.C. 2151 note.
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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.
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\5\ The Foreign Assistance and Related Programs Appropriations Act,
1974 (Public Law 93-240; 87 Stat. 1175) appropriated $1,000,000.
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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.
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\6\ 22 U.S.C. 2151 note.
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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\
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\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)''.
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(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
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\9\ For text, see Legislation on Foreign Relations Through 2002,
vol. I-B.
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(3) \10\ both the transfer described in paragraph (1)
and the utilization described in paragraph (2).
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\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.
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(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.
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\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).
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(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]
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\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.
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Sec. 37.\13\ Prohibition on Assistance to North Vietnam * *
* [Repealed--1981]
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\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).
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Sec. 38.\14\ Report Concerning Certain Use of Military
Assistance in Africa * * * [Repealed--1981]
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\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.
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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--
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\15\ 22 U.S.C. 2220 note.
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(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.
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\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 2002, vol. I-B.
\17\ 22 U.S.C. 2151 note.
cc. 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 2002, vol. I-B.
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* * * * * * *
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.
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\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.
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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--
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\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 2002,
vol. II, sec. E.
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(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.
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\4\ See also Appropriations Limitation on Contributions to
International Organizations (Public Law 92-544; 86 Stat. 1109),
Legislation on Foreign Relations Through 2002, vol. II, sec. H.
dd. 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.
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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.
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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).
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(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.
* * * * * * *
ee. 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\ * * *
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\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.''
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(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\
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\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.
ff. 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\
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\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').''.
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(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;
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\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;''.
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(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\
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\6\ Sec. 403(a) of Public Law 99-529 (100 Stat. 3010) added
``nine'' and ``six'', respectively, in lieu of ``seven'' and ``four''.
\7\ Sec. 173(b)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 679), added
the last sentence. Subpar. (2) of that section further provided that:
``The requirements established by the amendment made by paragraph (1)
do not affect appointments made to the Board of the Inter-American
Foundation before the date of enactment of this Act.''.
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(h) Members of the Board shall serve without additional
compensation, but shall be reimbursed for travel expenses,
including per diem, in lieu of subsistence, in accordance with
section 5703 of title 5, United States Code,\8\ while engaged
in their duties on behalf of the corporation.
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\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).
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(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.
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\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.''
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(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.
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\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).
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(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.
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\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 2003--no authorization.
Congress did not enact an authorization for fiscal year 2003.
Instead, title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 171), provided the following:
---------------------------------------------------------------------------
``INTER-AMERICAN FOUNDATION
---------------------------------------------------------------------------
``For expenses necessary to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $16,200,000, to remain available
until September 30, 2004.''.
Title V of that Act (117 Stat. 180, 192) provided the following:
---------------------------------------------------------------------------
``LIMITATION ON REPRESENTATIONAL ALLOWANCES
---------------------------------------------------------------------------
Sec. 505. * * * 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: * *
*.''.
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* * * * * * *
``AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND
AFRICAN DEVELOPMENT FOUNDATION
---------------------------------------------------------------------------
``Sec. 532. 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.''.
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(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).
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(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
* * * * * * *
gg. 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.
hh. 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.
ii. 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.
jj. 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.
kk. 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.
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\1\ 22 U.S.C. 2151 note.
ll. 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.
mm. 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, 2003
Division E of Public Law 108-7 [Consolidated Appropriations Resolution;
H.J. Res. 2], 117 Stat. 11 at 159, approved February 20, 2003; amended
by Public Law 108-11 [Emergency Wartime Supplemental Appropriations
Act, 2003; H.R. 1559], 117 Stat. 559, approved April 16, 2003
* * * * * * *
DIVISION E--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS, 2003
Joint Resolution
Making appropriations for foreign operations, export financing, and
related programs for the fiscal year ending September 30, 2003, and for
other purposes.
Note.--Fiscal year 2002 appropriations were continued
into fiscal year 2003 in Public Law 107-229 (116 Stat.
1465; approved September 30, 2002), as amended, pending
final passage of several annual appropriations bills
including foreign assistance appropriations. Public Law
107-229, as amended, may be found beginning at page
895.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2003, 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: Provided further, That \1\
notwithstanding section 1(c) of Public Law 103-428, as amended,
sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through September 30, 2003.
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\1\ 12 U.S.C. 635 note. Sec. 1(a) and (b) of Public Law 103-428
amended sec. 2(b)(6)(H) and (I) of the Export-Import Bank Act of 1945.
Sec. 1(c) of that Act, however, provided that the amendments would
remain in effect from enactment through September 30, 1997. Sec.
2(b)(6)(H) and (I) of that Act provides as follows:
``(H) Once in each calendar quarter, the Bank shall submit a report
to the Committee on Banking, Housing, and Urban Affairs of the Senate,
and the Committee on Banking, Finance, and Urban Affairs of the House
of Representatives on all instances in which the Bank, during the
reporting quarter, guaranteed, insured, or extended credit or
participated in an extension of credit in connection with any credit
sale of an article, service, or related technical data described in
subparagraph (G) that the Bank determined would not be put to a
military use or described in subparagraph (I)(i). Such report shall
include a description of each of the transactions and the justification
for the Bank's actions.
``(I)(i) Subparagraph (A) shall not apply to a transaction
involving defense articles or services if--
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``(I) the Bank determines that--
``(aa) the defense articles or service are nonlethal;
and
``(bb) the primary end use of the defense articles or
services will be for civilian purposes; and
``(II) at least 15 calendar days before the date on which the
Board of Directors of the Bank gives final approval to Bank
participation in the transaction, the Bank provides notice of
the transaction to the Committees on Banking, Finance and Urban
Affairs and on Appropriations of the House of Representatives
and the Committees on Banking, Housing, and Urban Affairs and
on Appropriations of the Senate.
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``(ii) Not more than 10 percent of the loan, guarantee, and
insurance authority available to the Bank for a fiscal year may be used
by the Bank to support the sale of defense articles or services to
which subparagraph (A) does not apply by reason of clause (i) of this
subparagraph.
``(ii) Not later than September 1 of each fiscal year, the
Comptroller General of the United States, in consultation with the
Bank, shall submit to the Committees on Banking, Finance and Urban
Affairs and on Appropriations of the House of Representatives and the
Committees on Banking, Housing, and Urban Affairs and on Appropriations
of the Senate a report on the end uses of any defense articles or
services described in clause (i) with respect to which the Bank
provided support during the second preceding fiscal year.''.
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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, $512,900,000, to remain
available until September 30, 2006: 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, 2021 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal
years 2003, 2004, 2005, and 2006: Provided further, That none
of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing,
and 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,
$68,300,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: 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, 2003.\2\
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\2\ 12 U.S.C. 635a note.
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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 $39,885,000: 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 Non-Credit 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 2003 and 2004: Provided further, That such
sums shall remain available through fiscal year 2011 for the
disbursement of direct and guaranteed loans obligated in fiscal
year 2003, and through fiscal year 2012 for the disbursement of
direct and guaranteed loans obligated in fiscal year 2004.
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, $44,512,000,
to remain available until September 30, 2004.
In addition, for an additional amount for ``Trade and
Development Agency'' for trade capacity building assistance,
$2,500,000, to remain available until September 30, 2003:
Provided, That any funds made available by this paragraph shall
be made available subject to the regular notification
procedures of the Committees on Appropriations.
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, 2003,
unless otherwise specified herein, as follows:
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\3\ Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 572), provided
the following:
---------------------------------------------------------------------------
``CHILD SURVIVAL AND HEALTH PROGRAMS FUND
---------------------------------------------------------------------------
``For an additional amount for `Child Survival and Health Programs
Fund', $90,000,000, to remain available until September 30, 2004.''.
---------------------------------------------------------------------------
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND \3\
(including transfer of funds)
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, health, and family planning/
reproductive health activities, in addition to funds otherwise
available for such purposes, $1,836,500,000, to remain
available until September 30, 2005: Provided, That this amount
shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for displaced and orphaned
children; (5) programs for the prevention, treatment, and
control of, and research on, HIV/AIDS, tuberculosis, malaria,
polio and other infectious diseases; and (6) family planning/
reproductive health: 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 ongoing health activities: Provided
further, That of the funds appropriated under this heading, not
to exceed $150,000, in addition to funds otherwise available
for such purposes, may be used to monitor and provide oversight
of child survival, maternal and family planning/reproductive
health, and infectious disease programs: Provided further, That
the following amounts should be allocated as follows:
$324,000,000 for child survival and maternal health;
$27,000,000 for vulnerable children; $591,500,000 for HIV/AIDS
including not less than $18,000,000 which should be made
available to support the development of microbicides as a means
for combating HIV/AIDS; $155,500,000 for other infectious
diseases; $368,500,000 for family planning/reproductive health,
including in areas where population growth threatens
biodiversity or endangered species; and $120,000,000 for
UNICEF: Provided further, That of the funds appropriated under
this heading, and in addition to funds allocated under the
previous proviso, not less than $250,000,000 shall be made
available, notwithstanding any other provision of law, for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That the cumulative amount of
United States contributions to the Global Fund may not exceed
the total resources provided by other donors and available for
use by the Global Fund: Provided further, That of the funds
appropriated under this heading that are available for HIV/AIDS
programs and activities, up to $10,500,000 should be made
available for the International AIDS Vaccine Initiative, and up
to $100,000,000 should be made available for the International
Mother and Child HIV Prevention Initiative: Provided further,
That of the funds appropriated under this heading, up to
$60,000,000 may be made available for a United States
contribution to The Vaccine Fund, and up to $6,000,000 may be
transferred to and merged with funds appropriated by this Act
under the heading ``Operating Expenses of the United States
Agency for International Development'' for costs directly
related to international health, but funds made available for
such costs may not be derived from amounts made available for
contribution under the preceding provisos: Provided further,
That notwithstanding any other provision of this Act, funds
appropriated under this heading that are available for child
survival and health programs shall be apportioned to the United
States Agency for International Development, and the authority
of sections 632(a) or 632(b) of the Foreign Assistance Act of
1961, or any comparable provision of law, may not be used to
transfer or allocate any part of such funds to the Department
of Health and Human Services including any office of that
agency, except that the authority of those sections may be used
to transfer or allocate up to $25,000,000 of such funds to the
Centers for Disease Control and Prevention: Provided further,
That of the funds appropriated under this heading, $5,000,000
shall be made available to continue to support the provision of
wheelchairs for needy persons in developing countries: 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 Act 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: Provided
further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further,
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 Committees on Appropriations
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 the funds under this heading that are available for the
treatment and prevention of HIV/AIDS should also include
programs and activities that are designed to maintain and
preserve the families of those persons living with HIV/AIDS and
to reduce the numbers of orphans created by HIV/AIDS.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and 131, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $1,389,000,000, to remain
available until September 30, 2004: Provided, That none of the
funds appropriated under title II of this Act that are managed
by or allocated to the United States Agency for International
Development's Global Development Secretariat, may be made
available except through the regular notification procedures of
the Committees on Appropriations: Provided further, That
$159,000,000 should be allocated for trade capacity building:
Provided further, That $218,000,000 should be allocated for
basic education, of which $20,000,000 should be made available
only for programs to increase the professional competence of
national and regional education administrators: 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: 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 $32,500, 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 that are made available for agriculture and rural
development programs, $25,000,000 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 $18,000,000 should be made available for
the American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated by this Act,
$100,000,000 shall be made available for drinking water supply
projects and related activities.
INTERNATIONAL DISASTER ASSISTANCE \4\
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, as amended,
$230,000,000, to remain available until expended.
---------------------------------------------------------------------------
\4\ Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 573), provided
the following:
---------------------------------------------------------------------------
``INTERNATIONAL DISASTER ASSISTANCE
---------------------------------------------------------------------------
``For an additional amount for `International Disaster Assistance',
$143,800,000, to remain available until expended: Provided, That
amounts made available pursuant to section 492(b) of the Foreign
Assistance Act of 1961 for the purpose of addressing relief and
rehabilitation needs in Iraq, prior to enactment of this Act, shall be
in addition to the amount that may be obligated in any fiscal year
under that section: Provided further, That during the remainder of
fiscal year 2003 the authority referenced in the preceding proviso may
not be utilized unless written notice has been provided to the
Committees on Appropriations not less than 5 days prior to the exercise
of such authority.''.
---------------------------------------------------------------------------
In addition, for assistance for Afghanistan, $60,000,000 to
remain available until expended: Provided, That these funds
shall be used for humanitarian and reconstruction assistance
for the Afghan people including health and education programs,
housing, to improve the status of women, infrastructure, and
assistance for victims of war and displaced persons.
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.
---------------------------------------------------------------------------
\5\ Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 576), provided
the following:
---------------------------------------------------------------------------
``Loan Guarantees to Israel
---------------------------------------------------------------------------
``During the period beginning March 1, 2003, and ending September
30, 2005, loan guarantees may be made available to Israel, guaranteeing
100 percent of the principal and interest on such loans, the principal
amount, any part of which is to be guaranteed, not to exceed
$9,000,000,000, of which up to $3,000,000,000 may be issued prior to
October 1, 2003, or thereafter and of which $3,000,000,000 may be
issued subsequent to September 30, 2004: Provided, That such guarantees
shall constitute obligations, in accordance with the terms of such
guarantees, of the United States and the full faith and credit of the
United States is hereby pledged for the full payment and performance of
such obligations: Provided further, That if less than the full amount
of guarantees authorized to be made available is issued prior to
September 30, 2005, the authority to issue the balance of such
guarantees shall extend to the subsequent fiscal year: Provided
further, That 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:
Provided further, That the amount of guarantees that may be issued
shall be reduced by an amount equal to the amount extended or estimated
to have been extended by the Government of Israel during the period
from March 1, 2003, to the date of issue of the guarantee, for
activities which the President determines are inconsistent with the
objectives and understandings reached between the United States and the
Government of Israel regarding the implementation of the loan guarantee
program: Provided further, That 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 the
preceding proviso and that will be deducted from the amount of
guarantees authorized to be issued in the next fiscal year: Provided
further, That the interest rate for loans guaranteed under this heading
may include a reasonable fee to cover the costs and fees incurred by
the borrower in connection with this program or financing under this
heading in the event the borrower elects not to finance such costs or
fees out of loan principal: Provided further, That no appropriations
under this heading are available for the subsidy costs for these loan
guarantees: Provided further, That the Government of Israel will pay
the cost, as defined in section 502 of the Federal Credit Reform Act of
1990, as amended, including any non-payment exposure risk, associated
with the loan guarantees issued in any fiscal year, on a pro rata basis
as each guarantee is issued during that year: Provided further, That
all fees (as defined in section 601(e) of Public Law 102-391)
associated with the loan guarantees shall be paid by the Government of
Israel to the Government of the United States: Provided further, That
funds made available for assistance to 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: Provided further, That the President shall determine the
terms and conditions for issuing guarantees, taking into consideration
the budgetary and economic reforms undertaken by Israel: Provided
further, That 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 loan guarantees not yet issued
under this heading.''.
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DEVELOPMENT CREDIT AUTHORITY \5\
(including transfer of funds)
For the cost of direct loans and loan guarantees, as
authorized by sections 108 and 635 of the Foreign Assistance
Act of 1961, funds may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and
under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds when added to the
funds transferred pursuant to the authority contained under
this heading in Public Law 107-115, shall not exceed
$24,500,000, which shall be made available only for micro and
small enterprise programs, urban programs, and other programs
which further the purposes of part I of the Act: 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 United States Agency for
International Development, $7,591,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided further, That funds made available under this heading
shall remain available until September 30, 2007.
---------------------------------------------------------------------------
\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.--
---------------------------------------------------------------------------
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, $45,200,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT \7\
For necessary expenses to carry out the provisions of
section 667, $572,000,000: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' may be made available to finance the
construction (including architect and engineering services),
purchase, or long term lease of offices for use by the United
States 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\ Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 573), provided
the following:
---------------------------------------------------------------------------
``OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
---------------------------------------------------------------------------
``For an additional amount for `Operating Expenses of the United
States Agency for International Development', $24,500,000, of which not
less than $3,500,000 may be transferred to and merged with `Operating
Expenses of the United States Agency for International Development
Office of Inspector General' for financial and program audits of the
Iraq Relief and Reconstruction Fund and other assistance for Iraq.''.
---------------------------------------------------------------------------
Capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667, $43,000,000, to remain available until
expended: Provided, That this amount is in addition to funds
otherwise available for such purposes: Provided further, That
of the funds appropriated under this heading, up to $10,000,000
may be made available for costs related to the construction of
temporary, secure facilities for United States Agency for
International Development personnel in Afghanistan: Provided
further, That the Administrator of the United States Agency for
International Development shall assess fair and reasonable
rental payments for the use of space by employees of other
United States Government agencies in buildings constructed
using funds appropriated under this heading, and such rental
payments shall be deposited into this account as an offsetting
collection: Provided further, That the rental payments
collected pursuant to the previous proviso and deposited as an
offsetting collection shall be available for obligation only
pursuant to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
assignment of United States Government employees or contractors
to space in buildings constructed using funds appropriated
under this heading shall be subject to the concurrence of the
Administrator of the United States Agency for International
Development: Provided further, That funds appropriated under
this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667, $33,300,000, to remain available until September
30, 2004, which sum shall be available for the Office of the
Inspector General of the United States Agency for International
Development.
---------------------------------------------------------------------------
\8\ Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 574), provided
the following:
---------------------------------------------------------------------------
``Economic Support Fund
---------------------------------------------------------------------------
``For an additional amount for `Economic Support Fund',
$2,422,000,000, of which:
---------------------------------------------------------------------------
``(1) not less than $700,000,000 shall be made available for
assistance for Jordan;
``(2) $300,000,000, to remain available until September 30,
2005, shall be made available only for grants for Egypt:
Provided, That during the period beginning March 1, 2003, and
ending September 30, 2005, loan guarantees may be made to
Egypt, the principal amount, any part of which is to be
guaranteed, shall not exceed $2,000,000,000: Provided further,
That the Government of Egypt will incur all the costs, as
defined in section 502 of the Federal Credit Reform Act of
1990, as amended, associated with these loan guarantees,
including any non-repayment exposure risk: Provided further,
That all fees associated with these loan guarantees, including
subsidy and administrative costs, shall be paid by the
Government of Egypt to the Government of the United States:
Provided further, That funds made available under this
paragraph and other funds appropriated to carry out chapter 4
of part II of the Foreign Assistance Act of 1961 and made
available for assistance for Egypt may be used by the
Government of Egypt to pay such fees to the United States
Government: Provided further, That such guarantees shall
constitute obligations, in accordance with the terms of such
guarantees, of the United States and the full faith and credit
of the United States is hereby pledged for full payment and
performance of such obligations: Provided further, That the
President shall determine the terms and conditions for issuing
the economic assistance authorized by this paragraph and should
take into consideration budgetary and economic reforms
undertaken by Egypt: Provided further, That 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 such economic assistance not yet outlayed under this
paragraph;
``(3) not to exceed $1,000,000,000, to remain available until
September 30, 2005, for grants for Turkey: Provided, That
during the period beginning March 1, 2003, and ending September
30, 2005, direct loans or loan guarantees may be made to
Turkey, the principal amount of direct loans or loans, any part
of which is to be guaranteed, shall not exceed $8,500,000,000:
Provided further, That the Government of Turkey will incur all
the costs, as defined in section 502 of the Federal Credit
Reform Act of 1990, as amended, associated with these loans or
loan guarantees, including any non-repayment exposure risk:
Provided further, That all fees associated with these loans or
loan guarantees, including subsidy and administrative costs,
shall be paid by the Government of Turkey to the Government of
the United States: Provided further, That funds made available
under this paragraph and other funds appropriated to carry out
chapter 4 of part II of the Foreign Assistance Act of 1961 and
made available for assistance for Turkey may be used by the
Government of Turkey to pay such fees to the United States
Government: Provided further, That such guarantees shall
constitute obligations, in accordance with the terms of such
guarantees, of the United States and the full faith and credit
of the United States is hereby pledged for the full payment and
performance of such obligations: Provided further, That none of
the funds made available by this paragraph may be made
available for assistance for Turkey if the Secretary of State
determines and reports to the Committees on Appropriations of
the House and Senate, the Committee on Foreign Relations of the
Senate and Committee on International Relations of the House
that the Government of Turkey is not cooperating with the
United States in Operation Iraqi Freedom, including the
facilitation of humanitarian assistance to Iraq, or has
unilaterally deployed troops into northern Iraq: Provided
further, That the President shall determine the terms and
conditions for issuing the economic assistance authorized by
this paragraph and should take into consideration budgetary and
economic reforms undertaken by Turkey: Provided further, That
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 such economic assistance not yet
outlayed under this paragraph: Provided further, That any
balance of funds not made available to Turkey under this
paragraph shall be transferred to, and merged with, funds
appropriated for `Iraq Relief and Reconstruction Fund';
``(4) not less than $30,000,000 for the Philippines to
further prospects for peace in Mindanao, and not less than
$167,000,000 for assistance for Afghanistan: Provided, That of
the funds appropriated under this heading, $10,000,000 should
be made available for investigations and research into
allegations of war crimes, crimes against humanity, or genocide
committed by Saddam Hussein or other Iraqis, and for a
contribution to an international tribunal to bring these
individuals to justice;
``(5) regional funds made available under this heading for
assistance that are not specified in paragraphs (1) through (4)
shall be subject to the regular notification procedures of the
Committees on Appropriations; and
``(6) unless otherwise specified herein, funds appropriated
under this heading shall remain available until September 30,
2004.''.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND \8\
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,270,000,000, to remain available until
September 30, 2004: Provided, That of the funds appropriated
under this heading, not less than $600,000,000 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: Provided further, That not
less than $615,000,000 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, $250,000,000 should be made
available for assistance for Jordan: Provided further, That of
the funds appropriated under this heading, up to $1,000,000
should be used to further legal reforms in the West Bank and
Gaza, including judicial training on commercial disputes and
ethics: Provided further, That not to exceed $200,000,000 of
the funds appropriated under this heading in this Act may be
made available for the costs, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying direct loans and
guarantees for Pakistan: Provided further, That not to exceed
$15,000,000 of the funds appropriated under this heading in
Public Law 107-206, the Supplemental Appropriations Act for
Further Recovery From and Response To Terrorist Attacks on the
United States, FY 2002, may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of modifying direct loans and guarantees for Jordan: Provided
further, That not less than $15,000,000 of the funds
appropriated under this heading 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: Provided further, That not less than
$35,000,000 of the funds appropriated under this heading shall
be made available for assistance for Lebanon to be used, among
other programs, for scholarships and direct support of the
American educational institutions in Lebanon: Provided further,
That notwithstanding section 534(a) of this Act, funds
appropriated under this heading that are made available for
assistance for the Central Government of Lebanon shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
Government of Lebanon should enforce the custody and
international pickup orders, issued during calendar year 2001,
of Lebanon's civil courts regarding abducted American children
in Lebanon: Provided further, That of the funds appropriated
under this heading, $60,000,000 shall be made available for the
United States Agency for International Development for
assistance for Indonesia: Provided further, That of the funds
appropriated under this heading, not less than $25,000,000
shall be made available for assistance for the Democratic
Republic of Timor-Leste of which up to $1,000,000 may be
available for administrative expenses of the United States
Agency for International Development: Provided further, That of
the funds appropriated under this heading, not less than
$2,000,000 should be made available for assistance for
countries to implement and enforce the Kimberley Process
Certification Scheme: Provided further, That $3,000,000 should
be made available for the international youth exchange program
for secondary school students from countries with significant
Muslim populations: Provided further, That 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:
Provided further, That of the funds appropriated under this
heading, not less than $10,000,000 should be made available
during fiscal year 2003 for a contribution to the Special Court
for Sierra Leone: Provided further, That with respect to funds
appropriated under this heading in this Act or prior Acts
making appropriations for foreign operations, export financing,
and related programs, the responsibility for policy decisions
and justifications for the use of such funds, including whether
there will be a program for a country that uses those funds and
the amount of each such program, shall be the responsibility of
the Secretary of State and the Deputy Secretary of State and
this responsibility shall not be delegated.
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, 2004.
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\9\ For text, see Legislation on Foreign Relations Through 2002,
vol. I-B.
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ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989,\10\ $525,000,000, to
remain available until September 30, 2004, 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 funds made available for
assistance for Kosovo from funds appropriated under this
heading and under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' should
not exceed 15 percent of the total resources pledged by all
donors for calendar year 2003 for assistance for Kosovo as of
March 31, 2003: Provided further, That none of the funds made
available under this Act for assistance for Kosovo shall be
made available for large scale physical infrastructure
reconstruction: Provided further, That of the funds made
available under this heading for assistance for Kosovo, up to
$1,000,000 should be made available for assistance to support
training programs for Kosovar women: Provided further, That not
less than $5,000,000 shall be made available for assistance for
the Baltic States: Provided further, That of the funds made
available under this heading for assistance for Bulgaria,
$2,000,000 should be made available to enhance safety at
nuclear power plants.
---------------------------------------------------------------------------
\10\ For text of the SEED Act, see Legislation on Foreign Relations
Through 2002, vol. I-B.
---------------------------------------------------------------------------
(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) 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 United States 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.
(e) The provisions of section 529 of this Act shall apply
to funds made available under subsection (d) 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 529 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.
(f) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence cooperation
on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and
Bosnian officials has not been terminated.\11\
---------------------------------------------------------------------------
\11\ 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.''.
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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,\12\ for assistance for the
Independent States of the former Soviet Union and for related
programs, $760,000,000, to remain available until September 30,
2004: 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,
funds 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
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: Provided
further, That of the funds appropriated under this heading
$17,500,000 shall be made available solely for assistance for
the Russian Far East: Provided further, That, notwithstanding
any other provision of law, funds appropriated under this
heading in this Act or prior Acts making appropriations for
foreign operations, export financing, and related programs,
that are made available pursuant to the provisions of section
807 of the FREEDOM Support Act (Public Law 102-511) shall be
subject to a 6 percent ceiling on administrative expenses.
---------------------------------------------------------------------------
\12\ For text of the FREEDOM Support Act, see Legislation on
Foreign Relations Through 2002, vol. I-B.
---------------------------------------------------------------------------
(b) Of the funds appropriated under this heading that are
made available for assistance for Ukraine, not less than
$20,000,000 should be made available for nuclear reactor safety
initiatives, and not less than $1,500,000 shall be made
available for coal mine safety programs, including mine
ventilation and fire prevention and control.
(c) Of the funds appropriated under this heading, not less
than $90,000,000 shall be made available for assistance for
Armenia.
(d)(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; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(e) Of the funds appropriated under this heading, not less
than $60,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child
survival, basic education, environmental and reproductive
health/family planning, and to combat HIV/AIDS, tuberculosis
and other infectious diseases, and for related activities.
(f) None of the funds appropriated under this heading may
be made available for assistance for the central Government
\13\ of Ukraine if \14\ the Secretary of State determines and
certifies to the Committees on Appropriations that, since
September 30, 2000, the Government of Ukraine has facilitated
\15\ or engaged in arms sales or arms transfers to Iraq:
Provided, That this paragraph shall not apply to assistance to
combat infectious diseases, nuclear safety programs and
activities, or assistance for victims of trafficking in
persons, and to activities authorized under title V
(Nonproliferation and Disarmament Programs and Activities) of
the FREEDOM Support Act.
---------------------------------------------------------------------------
\13\ Sec. 1505(1) of Public Law 108-11 (117 Stat. 580) struck out
``assistance for the Government'' and inserted in lieu thereof
``assistance for the central Government''.
\14\ Sec. 1505(2) of Public Law 108-11 (117 Stat. 580) struck out
``unless'' and inserted in lieu thereof ``if''.
\15\ Sec. 1505(3) of Public Law 108-11 (117 Stat. 580) struck out
``not facilitated'' and inserted in lieu thereof ``facilitated''.
---------------------------------------------------------------------------
(g) 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 \16\ or non-proliferation
assistance;
---------------------------------------------------------------------------
\16\ 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 2002, 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.
Independent Agencies
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969,\17\
$16,200,000, to remain available until September 30, 2004.
---------------------------------------------------------------------------
\17\ For text, see page 791.
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AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533,\18\ $18,689,000, to remain available until
September 30, 2004: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the board of directors of the
Foundation: Provided further, 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
after each time such waiver authority is exercised.
---------------------------------------------------------------------------
\18\ For text, see page 723.
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PEACE CORPS
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612),\19\ $297,000,000, 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, 2004: Provided further, That the
Director of the Peace Corps may make appointments or
assignments, or extend current appointments or assignments, to
permit United States citizens to serve for periods in excess of
5 years in the case of individuals whose appointment or
assignment, such as regional safety security officers and
employees within the Office of the Inspector General, involves
the safety of Peace Corps volunteers: Provided further, That
the Director of the Peace Corps may make such appointments or
assignments notwithstanding the provisions of section 7 of the
Peace Corps Act limiting the length of an appointment or
assignment, the circumstances under which such an appointment
or assignment may exceed 5 years, and the percentage of
appointments or assignments that can be made in excess of 5
years.
---------------------------------------------------------------------------
\19\ The Peace Corps Act, as amended (Public Law 87-293), may be
found in Legislation on Foreign Relations Through 2002, vol. I-B.
---------------------------------------------------------------------------
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT \20\
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $197,000,000, to remain
available until expended: Provided, That during fiscal year
2003, 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: Provided further, That of the
funds appropriated under this heading, not less than $5,000,000
shall be apportioned directly to the Department of the
Treasury, International Affairs Technical Assistance, to be
used for financial crimes and law enforcement technical
assistance programs: Provided further, That of the funds
appropriated under this heading, $10,000,000 should be made
available for the demand reduction program: Provided further,
That of the funds appropriated under this heading, $10,000,000
should be made available for anti-trafficking in persons
programs, including trafficking prevention, protection and
assistance for victims, and prosecution of traffickers:
Provided further, That of the funds appropriated under this
heading, not more than $24,180,000 may be available for
administrative expenses.
---------------------------------------------------------------------------
\20\ Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 577), provided
the following:
---------------------------------------------------------------------------
``International Narcotics Control and Law Enforcement
---------------------------------------------------------------------------
``For an additional amount for `International Narcotics Control and
Law Enforcement', $25,000,000, to remain available until September 30,
2004.''.
\21\ Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 577), provided
the following:
---------------------------------------------------------------------------
``Andean Counterdrug Initiative
---------------------------------------------------------------------------
``For an additional amount for the `Andean Counterdrug Initiative',
$34,000,000, to remain available until September 30, 2004: Provided,
That of the funds appropriated under this heading that are made
available for Colombia, not less than $5,000,000 should be made
available for programs and activities to assist persons who have been
displaced as a result of armed conflict.''.
---------------------------------------------------------------------------
ANDEAN COUNTERDRUG INITIATIVE \21\
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug
activities in the Andean region of South America, $700,000,000,
to remain available until expended: Provided, That in addition
to the funds appropriated under this heading and subject to the
regular notification procedures of the Committees on
Appropriations, the President may make available up to an
additional $31,000,000 for the Andean Counterdrug Initiative,
which may be derived from funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' in this
Act and in prior Acts making appropriations for foreign
operations, export financing, and related programs: Provided
further, That in fiscal year 2003, funds available to the
Department of State for assistance to the Government of
Colombia shall be available to support a unified campaign
against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as the
Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), and the United Self-Defense Forces of
Colombia (AUC), and to take actions to protect human health and
welfare in emergency circumstances, including undertaking
rescue operations: Provided further, That this authority shall
cease to be effective if the Secretary of State has credible
evidence that the Colombian Armed Forces are not conducting
vigorous operations to restore government authority and respect
for human rights in areas under the effective control of
paramilitary and guerrilla organizations: 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 any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately
returned to the United States: Provided further, That none of
the funds appropriated by this Act may be made available to
support a Peruvian air interdiction program until the Secretary
of State and Director of Central Intelligence certify to the
Congress, 30 days before any resumption of United States
involvement in a Peruvian air interdiction program, that an air
interdiction program that permits the ability of the Peruvian
Air Force to shoot down aircraft will include enhanced
safeguards and procedures to prevent the occurrence of any
incident similar to the April 20, 2001 incident: Provided
further, That the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall provide to the Committees on Appropriations
not later than 45 days after the date of the enactment of this
Act and prior to the initial obligation of 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
of the amount appropriated under this heading, not less than
$250,000,000 shall be apportioned directly to the United States
Agency for International Development, to be used for economic
and social programs: Provided further, That of the funds
appropriated under this heading and under the heading ``Foreign
Military Financing Program'', not less than $5,000,000 should
be made available to support a Colombian Armed Forces unit
dedicated to apprehending the leaders of paramilitary
organizations: Provided further, That of the funds made
available for assistance for Colombia under this heading, up to
$3,000,000 should be made available for commercially developed,
web monitoring software, and training on the usage thereof, for
the Colombian National Police: Provided further, That of the
funds made available for assistance for Colombia under this
heading, not less than $1,500,000 should be made available for
vehicles, equipment, and other assistance for the human rights
unit of the Procurador General: Provided further, That not more
than 20 percent of the funds appropriated by this Act that are
used for the procurement of chemicals for aerial coca and poppy
fumigation programs may be made available for such programs
unless the Secretary of State, after consultation with the
Administrator of the Environmental Protection Agency (EPA),
certifies to the Committees on Appropriations that: (1) the
herbicide mixture is being used in accordance with EPA label
requirements for comparable use in the United States and any
additional controls recommended by the EPA for this program,
and with the Colombian Environmental Management Plan for aerial
fumigation; (2) the herbicide mixture, in the manner it is
being used, does not pose unreasonable risks or adverse effects
to humans or the environment; (3) complaints of harm to health
or licit crops caused by such fumigation are evaluated and fair
compensation is being paid for meritorious claims; and such
funds may not be made available for such purposes unless
programs are being implemented by the United States Agency for
International Development, the Government of Colombia, or other
organizations, in consultation with local communities, to
provide alternative sources of income in areas where security
permits for small-acreage growers whose illicit crops are
targeted for fumigation: 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
assistance provided with funds appropriated under this heading
that is made available notwithstanding section 482(b) of the
Foreign Assistance Act of 1961, as amended, shall be made
available subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the
provisions of section 3204(b) through (d) of Public Law 106-
246,\22\ as amended by Public Law 107-115, shall be applicable
to funds appropriated for fiscal year 2003: Provided further,
That no United States Armed Forces personnel or United States
civilian contractor employed by the United States will
participate in any combat operation in connection with
assistance made available by this Act for Colombia: Provided
further, That of the funds appropriated under this heading, not
less than $3,500,000 shall be made available for assistance for
the Colombian National Park Service for training, equipment,
and other assistance to protect Colombia's national parks and
reserves: Provided further, That of the funds appropriated
under this heading, not more than $15,680,000 may be available
for administrative expenses of the Department of State, and not
more than $4,500,000 may be available, in addition to amounts
otherwise available for such purposes, for administrative
expenses of the United States Agency for International
Development.
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\22\ Public Law 106-246, as amended, implements ``Plan Colombia'';
for text, see page 923.
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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, $787,000,000, which shall remain
available until expended: Provided, That not more than
$16,565,000 may be available for administrative expenses:
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: Provided further, That
funds appropriated under this heading may be made available for
a headquarters contribution to the International Committee of
the Red Cross only if the Secretary of State determines (and so
reports to the appropriate committees of Congress) that the
Magen David Adom Society of Israel is not being denied
participation in the activities of the International Red Cross
and Red Crescent Movement.
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. 2601(c)),\23\ $26,000,000, to
remain available until expended.
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\23\ For text, see Legislation on Foreign Relations Through 2002,
vol. II.
Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 577), provided
the following:
---------------------------------------------------------------------------
``United States Emergency Refugee and Migration Assistance Fund
---------------------------------------------------------------------------
``For an additional amount for `United States Emergency Refugee and
Migration Assistance Fund', $80,000,000, to remain available until
expended, notwithstanding section 2(c)(2) of the Migration and Refugee
Assistance Act of 1962, as amended (22 U.S.C. 2601(c)(2)).''.
\24\ Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 577), provided
the following:
---------------------------------------------------------------------------
``Nonproliferation, Anti-Terrorism, Demining and Related Programs
---------------------------------------------------------------------------
``For an additional amount for `Nonproliferation, Anti-Terrorism,
Demining and Related Programs', $28,000,000: Provided, That funds
appropriated by this paragraph shall be available notwithstanding
section 10 of Public Law 91-672 and section 15 of the State Department
Basic Authorities Act of 1956.''.
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NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS \24\
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$306,400,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act,\25\ 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, and 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), consistent with the provisions of section
562 of this Act, and for a United States contribution to 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 following consultation with the
appropriate committees of Congress: 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 made
available for demining and related activities, not to exceed
$675,000, 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: Provided
further, That the Secretary of State is authorized to provide
not to exceed $250,000 for public-private partnerships for mine
action by grant, cooperative agreement, or contract.
---------------------------------------------------------------------------
\25\ For text, see Legislation on Foreign Relations Through 2002,
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),
$10,800,000, to remain available until expended, which shall be
available notwithstanding any other provision of law.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $80,000,000,
of which up to $3,000,000 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 military education and training for Guatemala
may only be available for expanded international military
education and training and funds made available for Algeria,
Nigeria and Guatemala may only be provided through the regular
notification procedures of the Committees on Appropriations.
---------------------------------------------------------------------------
\26\ Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 577), provided
the following:
---------------------------------------------------------------------------
``Foreign Military Financing Program
---------------------------------------------------------------------------
``For an additional amount for the `Foreign Military Financing
Program', $2,059,100,000: Provided, That funds appropriated by this
paragraph shall be available notwithstanding section 10 of Public Law
91-672 and section 15 of the State Department Basic Authorities Act of
1956: Provided further, That of the funds appropriated under this
heading, not less than $406,000,000 shall be made available for grants
only for Jordan and not less than $1,000,000,000 shall be available for
grants only for Israel: Provided further, That the funds appropriated
by this paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: 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 to
by the United States and Israel, be available for advanced weapons
systems, of which not less than $263,000,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That up to
$20,000,000 of the funds appropriated by this paragraph may be
transferred to and merged with funds appropriated under the heading
`Andean Counterdrug Initiative' for aircraft, training, and other
assistance for the Colombian Armed Forces: Provided further, That,
except for Israel and Jordan, funds appropriated under this heading
shall be subject to the regular notification procedures of the
Committees on Appropriations, except that notifications shall be
transmitted at least 5 days in advance of the commitment of funds:
Provided further, That such notification shall be in the form of a
report (in classified or unclassified form) which contains each country
receiving assistance from funds aggregated under this heading, other
than Israel and Jordan, the amount of assistance to be provided and a
description of the equipment and other assistance being financed from
such funds.''.
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FOREIGN MILITARY FINANCING PROGRAM \26\
(including transfer of funds)
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,072,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,100,000,000
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: 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
$550,000,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That except as provided in
the following proviso, none of the funds appropriated by this
paragraph may be made available for helicopters and related
support costs for Colombia: Provided further, That up to
$93,000,000 of the funds appropriated by this paragraph may be
transferred to and merged with funds appropriated under the
heading ``Andean Counterdrug Initiative'' for helicopters,
training and other assistance for the Colombian Armed Forces
for security for the Cano Limon pipeline: 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
\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
$38,000,000 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 $356,000,000 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 2003 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 2003 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.
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\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.
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PEACEKEEPING OPERATIONS \28\
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$115,000,000: 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.
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\28\ Chapter 5 of title I of the Emergency Wartime Supplemental
Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 578), provided
the following:
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``Peacekeeping Operations
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``For an additional amount for `Peacekeeping Operations',
$100,000,000, to remain available until September 30, 2004.''.
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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, $147,812,533, 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, $850,000,000, to remain
available until expended.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $1,631,000, 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 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 $7,609,793.
Contribution to the Inter-American Investment Corporation
For payment to the Inter-American Investment Corporation,
by the Secretary of the Treasury, $18,351,667, 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, $24,590,667, 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, $97,886,133, to remain available until expended.
Contribution to the African Development Bank
For payment to the African Development Bank by the
Secretary of the Treasury, $5,104,473, 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 $79,602,688.
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, $108,073,333, 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, $35,804,955 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
$123,328,178.
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, $15,003,667, 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,\29\ $195,150,000: Provided, That
none of the funds appropriated under this heading may be made
available to the Korean Peninsula Energy Development
Organization (KEDO) or the International Atomic Energy Agency
(IAEA): Provided further, That of the funds appropriated under
this heading, not less than $500,000 should be made available
for a United States contribution to the International Coffee
Organization (ICO) if the United States becomes a member of the
ICO prior to June 1, 2003: Provided further, That if the United
States does not rejoin the International Coffee Organization by
June 1, 2003, the amount allocated under the previous proviso
should be made available for the United Nations Center for
Human Settlements (UN-HABITAT) in addition to other funds made
available for UN-HABITAT under this heading.
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\29\ For this and other legislation relating to the United Nations,
see Legislation on Foreign Relations Through 2002, vol. II, sec. H.
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TITLE V--GENERAL PROVISIONS
OBLIGATIONS DURING LAST MONTH OF AVAILABILITY
Sec. 501.\30\ Except for the appropriations entitled
``International Disaster Assistance'' and ``United States
Emergency Refugee and Migration Assistance Fund'', not more
than 15 percent of any appropriation item made available by
this Act shall be obligated during the last month of
availability.
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\30\ First enacted as sec. 108 of the Mutual Security
Appropriations Act of 1955.
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PRIVATE AND VOLUNTARY ORGANIZATIONS
Sec. 502.\31\ (a) 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 United States Agency for International
Development, after informing the Committees on Appropriations,
may, on a case-by-case basis, waive the restriction contained
in 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.
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\31\ 22 U.S.C. 2151u note.
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(b) 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.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503.\32\ Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
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\32\ Similar language was first enacted as sec. 113 of the Foreign
Assistance Appropriations Act, 1976.
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LIMITATION ON EXPENSES
Sec. 504.\33\ Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.
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\33\ Similar language was first enacted as sec. 114 of the Foreign
Assistance Appropriations Act, 1976.
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LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505.\34\ Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be available
for representation allowances for the United States 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 $125,000 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.
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\34\ Similar language was first enacted as sec. 115 of the Foreign
Assistance Appropriations Act, 1976. The second through fifth proviso
clauses were first enacted as sec. 526 of H.R. 4473, as made applicable
to the Continuing Appropriations Act, 1981. The second proviso,
regarding general costs of administering the Foreign Military Financing
Program, has been reworded somewhat; the proviso formerly referred to:
``the total funds made available by this Act under the headings
`Military Assistance' and `Foreign Military Credit Sales'''. The last
proviso clause was first enacted in the Foreign Assistance
Appropriations Act, 1986.
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PROHIBITION ON FINANCING NUCLEAR GOODS
Sec. 506.\35\ 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.
---------------------------------------------------------------------------
\35\ Similar language was first enacted as sec. 112 of the Foreign
Assistance Appropriations Act, 1978. The FY 1994 Act added the clause,
``except for purposes of nuclear safety,''.
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PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507.\36\ 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: Provided further, That assistance or other
financing under this Act or under prior foreign operations,
export financing, and related programs appropriations Acts may
be provided for humanitarian and relief assistance for Iraq
notwithstanding the provisions of this section or any other
provision of law, including comparable provisions contained in
prior foreign operations, export financing, and related
programs appropriations Acts, if the President determines that
the provision of assistance or other financing for Iraq is
important to the national security interests of the United
States: Provided further, That such assistance or financing
shall be subject to the regular notification procedures of the
Committees on Appropriations, except that notifications shall
be transmitted at least 5 days in advance of obligations of
funds: Provided further, That the President shall submit a
report to the Committees on Appropriations on the status of the
allocation, obligation and expenditure of funds made available
for Iraq not later than every 60 days during fiscal year 2003,
beginning on March 1, 2003: Provided further, That each such
report shall include information on programs, projects, and
activities that are being funded or will be funded with such
assistance or financing, and the departments and agencies
responsible for managing each such program, project, and
activity: Provided further, That the authority of the second
proviso of this section to provide assistance for Iraq shall
expire on the date of enactment of the first subsequent
supplemental appropriations Act for fiscal year 2003 that
contains supplemental funding for appropriations accounts
contained in this Act.
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\36\ Language similar to that in the main clause 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. In fiscal year 2003, five
additional provisos are added to allow conditional assistance for Iraq.
The following countries have been listed in similar sections in
recent previous fiscal years:
Fiscal years 1997 through 2002--Cuba, Iraq, Libya, North Korea,
Iran, Sudan, or Syria;
Fiscal years 1995 and 1996--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 years 1992 and 1993--Cuba, Iraq, Libya, the Socialist
Republic of Vietnam, Iran, or Syria; and
Fiscal year 1991--Angola, Cambodia, Cuba, Iraq, Libya, the
Socialist Republic of Vietnam, Iran, or Syria.
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MILITARY COUPS
Sec. 508.\37\ None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance to the government
of any country whose duly elected head of government is deposed
by decree or military coup: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to
promote democratic elections or public participation in
democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject to
the regular notification procedures of the Committees on
Appropriations.
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\37\ Language similar to that in the main clause was first enacted
as sec. 513 of the Foreign Assistance Appropriations Act, 1986;
reference to ``government of any country'' replaced ``any country'' in
fiscal year 2002. The first proviso first appeared in sec. 513 of the
Foreign Assistance Appropriations Act, 1988. The second and third
provisos were first enacted in the Foreign Assistance Appropriations
Act, 2002.
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TRANSFERS BETWEEN ACCOUNTS
Sec. 509.\38\ (a) None of the funds made available by this
Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
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\38\ Language similar to that in subsec. (c) was first enacted as
sec. 115 of the Foreign Assistance Appropriations Act, 1978.
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(b) Notwithstanding subsection (a), in addition to
transfers made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(c) 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, not less than five days 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.
(d) Any agreement for the transfer or allocation of funds
appropriated by this Act, or prior Acts, entered into between
the United States Agency for International Development and
another agency of the United States Government under the
authority of section 632(a) of the Foreign Assistance Act of
1961 or any comparable provision of law, shall expressly
provide that the Office of the Inspector General for the agency
receiving the transfer or allocation of such funds shall
perform periodic program and financial audits of the use of
such funds: Provided, That funds transferred under such
authority may be made available for the cost of such audits.
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 section may not be used in fiscal
year 2003.
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,
chapter 4 of part II of the Foreign Assistance Act of 1961, as
amended, section 23 of the Arms Export Control Act, and funds
provided under the heading ``Assistance for Eastern Europe and
the Baltic States'', shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, 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.
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\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.
Reference to sec. 23 of the Arms Export Control Act was added in fiscal
year 2002. Sections in prior years required the report required by
section 653(a) of the Foreign Assistance Act of 1961 to include
information regarding funds allocated for cash disbursement for balance
of payment and economic policy reform purposes.
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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 the government
of 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 unless the President determines,
following consultations with the Committees on Appropriations,
that assistance to such country is in the national interest of
the United States.
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\40\ Popularly referred to as the Brooke-Alexander Amendment.
Similar language 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. In FY2003, ``the
government of'' was added before ``any country which is in default''.
Beginning in fiscal year 1990, a proviso was enacted to exempt certain
countries from application of the section for narcotics-related funding
(sec. 518 of the Foreign Assistance Appropriations Act, 1990).
Colombia, Bolivia, and Peru were cited in that section, but were
omitted the following year. 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.
In fiscal year 2002, the President's authority to waive application
of the section was added.
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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.
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\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.
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(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--
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\42\ Popularly referred to as the Bumpers amendment.
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(1) activities designed to increase food security in
developing countries where such activities will not
have a significant impact in the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to benefit
American producers.
SURPLUS COMMODITIES
Sec. 514.\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.
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\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.''.
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NOTIFICATION REQUIREMENTS
Sec. 515.\44\ 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 Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Andean Counterdrug Initiative'',``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Peacekeeping Operations'', ``Capital
Investment Fund'', ``Operating Expenses of the United States
Agency for International Development'', ``Operating Expenses of
the United States 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 Committees on Appropriations
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.
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\44\ Similar language, without the proviso clauses, was enacted as
sec. 114 of the Foreign Assistance Appropriations Act, 1974.
Prior year appropriations measures since FY1990, most recently as
part of this section, required that drawdowns made pursuant to section
506(a)(2) of the Foreign Assistance Act of 1961 be subject to the
regular notification procedures of the Committees on Appropriations.
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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, 2004.
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.
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\45\ 22 U.S.C. 5814 note.
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(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.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518.\46\ 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.
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\46\ Similar language was first enacted as sec. 541 of the Foreign
Assistance Appropriations Act, 1986. Beginning in FY1997, a proviso was
included to prohibit the use of funds from being used to lobby for or
against abortion. See also sec. 104(f) of the Foreign Assistance Act of
1961.
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EXPORT FINANCING TRANSFER AUTHORITIES
Sec. 519.\47\ Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2003, for programs under title I of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
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\47\ Similar language was first enacted as sec. 519 of the Foreign
Assistance Appropriations Act, 2000.
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SPECIAL NOTIFICATION REQUIREMENTS
Sec. 520.\48\ None of the funds appropriated by this Act
shall be obligated or expended for Colombia, Liberia, Serbia,
Sudan, Zimbabwe, Pakistan, or the Democratic Republic of the
Congo except as provided through the regular notification
procedures of the Committees on Appropriations.
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\48\ The following countries have been listed in similar sections
in recent previous fiscal years:
Fiscal year 2002--Colombia, Haiti, Liberia, Serbia, Sudan,
Zimbabwe, Pakistan, or the Democratic Republic of Congo;
Fiscal year 2001--Colombia, Haiti, Liberia, Serbia, Sudan,
Ethiopia, Eritrea, Zimbabwe, Pakistan, or the Democratic Republic of
Congo;
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.
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DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 521.\49\ 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 United States Agency for International Development
``program, project, and activity'' shall also be considered to
include central, country, regional, and 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.
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\49\ Similar language was first enacted as sec. 550 of the Foreign
Assistance Appropriations Act, 1987. Reference to country and regional
program level funding was added in FY2003.
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CHILD SURVIVAL AND HEALTH ACTIVITIES
Sec. 522.\50\ Up to $13,500,000 of the funds made available
by this Act for assistance under the heading ``Child Survival
and Health 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 United States
Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up
to $3,500,000 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, HIV/AIDS may be made available
notwithstanding any other provision of law: 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: Provided further, That of the
funds appropriated under title II of this Act, not less than
$446,500,000 shall be made available for family planning/
reproductive health.
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\50\ 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. The Foreign
Assistance Appropriations Act, 1999, expanded the section to refer to
other infectious diseases, prevention, and disease programs. That Act
also included a reference to family planning programs; exempting such
funding from restrictions related to debt arrearage. That language was
omitted the following year. The first proviso, referring to development
assistance and reimbursements, was added in Foreign Assistance
Appropriations Act, 2000. In fiscal year 2002, the title of the section
was restated.
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AFGHANISTAN
Sec. 523. Of the funds appropriated by title II of this
Act, not less than $295,500,000 shall be made available for
humanitarian, reconstruction, and related assistance for
Afghanistan: Provided, That of the funds made available
pursuant to this section, not less than $50,000,000 should be
from funds appropriated under the heading ``Economic Support
Fund'' for rehabilitation of primary roads, implementation of
the Bonn Agreement and women's development, of which not less
than $5,000,000 is to support activities coordinated by the
Afghan Ministry of Women's Affairs, including the establishment
and support of multi-service women's centers in Afghanistan:
Provided further, That of the funds made available pursuant to
this section from ``Development Assistance'', ``International
Disaster Assistance'' and ``Transition Initiatives'', high
priority should be placed on girls' and women's education,
health, legal and social rights, economic opportunities, and
political participation by women: Provided further, That
assistance should be made available to communities and families
that were adversely affected by the military operations:
Provided further, That of the funds made available pursuant to
this section, up to $9,850,000 may be transferred to and merged
with funds appropriated by this Act under the headings
``Operating Expenses of the United States Agency for
International Development'' and ``Operating Expenses of the
United States Agency for International Development Inspector
General''.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 524.\51\ 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 if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
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\51\ Similar language, excluding the first proviso, was first
enacted as sec. 559 of the Foreign Assistance Appropriations Act, 1988.
Language similar to that in the first proviso was added by sec. 548 of
the Foreign Assistance Appropriations Act, 1991. Reference to
``significant military equipment'' and valuation was added in FY 2002.
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AUTHORIZATION REQUIREMENT
Sec. 525. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'', ``International Military Education and Training'',
``Foreign Military Financing Program'', ``Migration and Refugee
Assistance'', ``Peace Corps'', and ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', 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.
DEMOCRACY PROGRAMS
Sec. 526.\52\ (a) 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 less than $15,000,000 shall be made available
for assistance for activities to support democracy, human
rights, and the rule of law in the People's Republic of China,
Hong Kong and Tibet: Provided, That not to exceed $3,000,000
may be made available to nongovernmental organizations to
support activities which preserve cultural traditions and
promote sustainable development and environmental conservation
in Tibetan communities in the Tibetan Autonomous Region and in
other Tibetan communities in China: Provided further, That
funds appropriated under the heading ``Economic Support Fund''
should be made available for assistance for Taiwan for the
purposes of furthering political and legal reforms: Provided
further, That such funds shall only be made available to the
extent that they are matched from sources other than the United
States Government: Provided further, That funds made available
pursuant to the authority of this subsection shall be subject
to the regular notification procedures of the Committees on
Appropriations.
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\52\ Sec. 527 of the Foreign Operations Appropriations Act, 1999,
first enacted language pertaining to ``Democracy in China'' funding.
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(b) In addition to the funds made available in subsection
(a), of the funds appropriated by this Act under the heading
``Economic Support Fund'' not less than $15,000,000 shall be
made available for programs and activities to foster democracy,
human rights, civic education, women's development, press
freedoms, and the rule of law in countries with a significant
Muslim population, and where such programs and activities would
be important to United States efforts to respond to, deter, or
prevent acts of international terrorism: Provided, That funds
made available pursuant to the authority of this subsection
should support new initiatives or bolster ongoing programs and
activities in those countries: Provided further, That not less
than $3,000,000 should be made available for programs and
activities that provide professional training for journalists:
Provided further, That notwithstanding any other provision of
law, funds made available pursuant to the authority of this
subsection may be made available to support the advancement of
democracy and human rights in Iran: Provided further, That
funds made available pursuant to this subsection shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(c) Of the funds made available under subsection (a), not
less than $9,000,000 shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human
Rights and Labor, Department of State, to support the
activities described in subsection (a), and of the funds made
available under subsection (b), not less than $7,000,000 shall
be made available for such Fund to support the activities
described in subsection (b): Provided, That funds made
available in this section for such Fund are in addition to the
$12,000,000 requested by the President for the Fund for fiscal
year 2003.
(d) Of the funds made available under subsection (a), not
less than $3,000,000 shall be made available for the National
Endowment for Democracy to support the activities described in
subsection (a), and of the funds made available under
subsection (b), not less than $5,000,000 shall be made
available for the National Endowment for Democracy to support
the activities described in subsection (b): Provided, That the
funds appropriated by this Act that are made available for the
National Endowment for Democracy may be made available
notwithstanding any other provision of law or regulation, and
the Secretary of State shall provide a report to the Committees
on Appropriations within 120 days of the date of enactment of
this Act on the status of the allocation, obligation, and
expenditure of such funds.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 527.\53\ (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--
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\53\ Sec. 576 of the Foreign Assistance Appropriations Act, 1988,
first enacted a ``Prohibition on Bilateral Assistance to Terrorist
Countries''. Sec. 564 of the Foreign Assistance Appropriations Act,
1990, substantially reworded this prohibition, providing the criteria
for restriction, and the requirement for Presidential determination and
waiver.
See also sec. 620A of the Foreign Assistance Act of 1961, sec. 40
of the Arms Export Control Act (this volume), and sec. 6(j) of the
Export Administration Act (volume III).
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(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
DEBT-FOR-DEVELOPMENT
Sec. 528.\54\ In order to enhance the continued
participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United
States Agency for International Development may place in
interest bearing accounts local currencies which accrue to that
organization as a result of economic assistance provided under
title II of this Act and any interest earned on such investment
shall be used for the purpose for which the assistance was
provided to that organization.
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\54\ Similar language was first enacted as sec. 584 of the Foreign
Assistance Appropriations Act, 1990.
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SEPARATE ACCOUNTS
Sec. 529.\55\ (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 United States Agency for International
Development shall--
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\55\ 22 U.S.C. 2362 note. Similar language was first contained in
sec. 592 of the Foreign Assistance Appropriations Act, 1990.
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(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States 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 United States 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 United
States 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).\56\
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\56\ Provisions referred to in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint Resolution 648 (H.
Report No. 98-1159) include: sec. 604 of the Foreign Assistance Act of
1961, as amended; section 901(b)(1) of the Merchant Marine Act of 1936,
as amended; section 5 of the International Air Transportation Fair
Competitive Practice Act of 1974; section 644 of the Small Business
Act; section 2711 of the Competition in Contracting Act of 1984; and
the provisions of the Federal Property and Administrative Services Act
of 1949, as amended.
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(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on
Appropriations.
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 530.\57\ (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.
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\57\ Similar language was first enacted as sec. 578 of the Foreign
Assistance Appropriations Act, 1991. Reference to the North American
Development Bank was added in the Foreign Assistance Appropriations
Act, 1996.
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(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ
Sec. 531.\58\ None of the funds appropriated or otherwise
made available pursuant to this Act to carry out the Foreign
Assistance Act of 1961 (including title IV of chapter 2 of part
I, relating to the Overseas Private Investment Corporation) or
the Arms Export Control Act may be used to provide assistance
to any country that is not in compliance with the United
Nations Security Council sanctions against Iraq unless the
President determines and so certifies to the Congress that--
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\58\ 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 2002, vol. I-B.
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(1) such assistance is in the national interest of
the United States;
(2) such assistance will directly benefit the needy
people in that country; or
(3) the assistance to be provided will be
humanitarian assistance for foreign nationals who have
fled Iraq and Kuwait.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
Sec. 532.\59\ 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.
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\59\ Similar language was first enacted in sec. 589 of the Foreign
Assistance Appropriations Act, 1993. FY1999 through 2001 legislation
included an exemption for funding directed to the International Fund
for Agricultural Development, first enacted in sec. 537 of the Foreign
Assistance Appropriations Act, 1999.
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IMPACT ON JOBS IN THE UNITED STATES
Sec. 533.\60\ None of the funds appropriated by this Act
may be obligated or expended to provide--
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\60\ Similar language was first enacted, except the proviso in
subsec. (b), as sec. 599 of the Foreign Assistance Appropriations Act,
1993. That proviso was added by sec. 547 of the Foreign Assistance
Appropriations Act, 1994. Prior language, FY1993 through 2001, included
a reference to discrepancy in tax, tariff, labor, environment, and
safety laws.
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(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; or
(b) assistance for any program, project, or activity
that contributes to the violation of internationally
recognized workers rights, as defined in section 507(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in that
country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate
with the level of development of the recipient country
and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
SPECIAL AUTHORITIES
Sec. 534.\61\ (a) Afghanistan, Lebanon, Montenegro, Victims
of War, Displaced Children, and Displaced Burmese.--Funds
appropriated by this Act that are made available for assistance
for Afghanistan may be made available notwithstanding section
512 of this Act and any similar provision of law, and funds
appropriated in titles I and II of this Act that are made
available for Lebanon, Montenegro, and for victims of war,
displaced children, and displaced Burmese, and to assist
victims of trafficking in persons and, subject to the regular
notification procedures of the Committees on Appropriations, to
combat such trafficking, may be made available notwithstanding
any other provision of law.
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\61\ 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. Subsecs. (e) and (f) were added in
sec. 534 in FY 2002. Subsecs. (g) through (j) were added in sec. 534 in
FY 2003.
Reference to ``victims of war'' and ``displaced children'' have
been included annually. Reference to assisting ``victims of trafficking
in persons'' was added in FY 2003. The following countries and groups
have been listed in similar sections in previous fiscal years:
Fiscal Years 2001 and 2002--Afghanistan, Lebanon, Montenegro,
victims of war, displaced children, displaced Burmese;
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.
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(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 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 United States Agency for
International Development to employ up to 20 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
managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 7 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
Procurement; the Bureau for Africa; 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) \62\ (1) Waiver.--The President may waive the
provisions of section 1003 of Public Law 100-204 if the
President determines and certifies in writing to the Speaker of
the House of Representatives and the President pro tempore of
the Senate that it is important to the national security
interests of the United States.
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\62\ 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 this
Act, and in 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 certifications, as provided for in the 1993,
1994, and 1995 Acts, in Presidential Determination No. 94-13 of January
14, 1994 (59 F.R. 4777), which was extended until January 1, 1995, by
Presidential Determination No. 94-30 of June 30, 1994 (59 F.R. 35607);
until July 1, 1995, by Presidential Determination No. 95-12 of December
31, 1994 (60 F.R. 2673); until August 15, 1995, by Presidential
Determination No. 95-31 of July 2, 1995 (60 F.R. 35827); until October
1, 1995, by Presidential Determination No. 95-36 of August 14, 1995 (60
F.R. 44725); until November 1, 1995, by Presidential Determination No.
95-50 of September 30, 1995 (60 F.R. 53093); until December 31, 1995,
by Presidential Determination No. 96-5 of November 13, 1995 (60 F.R.
57821); until March 31, 1996, by Presidential Determination No. 96-8 of
January 4, 1996 (61 F.R. 2889); until June 15, 1996, by Presidential
Determination No. 96-20 of April 1, 1996 (61 F.R. 26019); until August
12, 1996, by Presidential Determination No. 96-32 of June 14, 1996 (61
F.R. 32629); until February 12, 1997, by Presidential Determination No.
96-41 of August 12, 1996 (61 F.R. 43137); and until August 12, 1997, by
Presidential Determination No. 97-17 of February 21, 1997 (62 F.R.
9903).
Authority to waive certain provisions is continued in general
provisions of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002 (Public Law 107-115); see secs.
534(d), 546, 549, and 555 (115 Stat. 2151, 2155, 2156, and 2160,
respectively). See also sec. 566 (115 Stat. 2164), requiring a report
on PLO compliance, and sec. 569 (115 Stat. 2166), prohibiting
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. 98-5; November 25, 1998; 63 F.R.
68145); through October 21, 1999 (Presidential Determination No. 99-25;
May 24, 1999; 64 F.R. 29537); through April 21, 2000 (Presidential
Determination 00-2; October 21, 1999; 64 F.R. 58755); through October
21, 2000 (Presidential Determination No. 2000-19; April 21, 2000; 65
F.R. 24852); through October 17, 2001 (Presidential Determination No.
01-13; April 17, 2001; 66 F.R. 20585); through April 16, 2002
(Presidential Determination No. 2002-03; October 16, 2001; 66 F.R.
53505); through October 16, 2002 (Presidential Determination No. 2002-
14; April 16, 2002; 67 F.R. 20427); through April 16, 2003
(Presidential Determination No. 03-03; October 16, 2002; 67 F.R.
65471); and through October 16, 2003 (Presidential Determination No.
2003-20; April 16, 2003; 68 F.R. 20327).
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(2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(e) Contingencies.--During fiscal year 2003, the President
may use up to $45,000,000 under the authority of section 451 of
the Foreign Assistance Act, notwithstanding the funding ceiling
in section 451(a).
(f) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(g) Shipment of Humanitarian Assistance.--During fiscal
year 2003, of the amounts made available by the United States
Agency for International Development to carry out the
provisions of section 123(b) of the Foreign Assistance Act of
1961, funds may be made available to nongovernmental
organizations for administrative costs necessary to implement a
program to obtain available donated space on commercial ships
for the shipment of humanitarian assistance overseas.
(h) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(i) Repeal.--Section 545(d) of Public Law 106-429, and
comparable provisions contained in prior Acts making
appropriations for foreign operations, export financing, and
related programs, are hereby repealed.\63\
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\63\ Sec. 545(d) of Public Law 106-429 (114 Stat. 1900A-39) had
required the Secretary of the Treasury to report to Congress annually
on the efforts of heads of Federal agencies and U.S. directors of
international financial institutions in purchasing American-made
equipment and products.
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(j) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $6,000,000 should be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
ARAB LEAGUE BOYCOTT OF ISRAEL
Sec. 535.\64\ It is the sense of the Congress that--
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\64\ Language pertaining to the Arab League boycott of Israel was
first enacted as sec. 598(b) of the Foreign Assistance Appropriations
Act, 1993.
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(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) the three Arab League countries with diplomatic
and trade relations with Israel should return their
ambassadors to Israel, should refrain from downgrading
their relations with Israel, and should play a
constructive role in securing a peaceful resolution of
the Israeli-Arab conflict;
(4) the remaining Arab League states should normalize
relations with their neighbor Israel;
(5) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(6) the President should report to Congress annually
on specific steps being taken by the United States to
encourage Arab League states to normalize their
relations with Israel to bring about the termination of
the Arab League boycott of Israel, including those to
encourage 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. 536.\65\ 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.
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\65\ Language similar to this section has been enacted in previous
years' appropriations Act, but under the section heading ``Anti-
Narcotics Activities''.
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ELIGIBILITY FOR ASSISTANCE
Sec. 537.\66\ (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 before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
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\66\ Similar language was first enacted in sec. 562 of the Foreign
Assistance Appropriations Act, 1993.
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(b) Public Law 480.--During fiscal year 2003, 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 the government of a
country that violates internationally recognized human
rights.
EARMARKS
Sec. 538.\67\ (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: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
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\67\ 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.
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(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States 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. 539.\68\ 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.
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\68\ First enacted, not including the second sentence, as sec. 538
of the Foreign Assistance Appropriations Act, 1985.
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PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 540.\69\ 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.\70\
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\69\ 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 2002, vol. II, for related language.
\70\ Sec. 316 of Public Law 96-533 provided the following:
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``WORLD HUNGER
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``Sec. 316. (a) In order to further the purposes of section 103 of
the Foreign Assistance Act of 1961, the Director of the United States
International Development Cooperation Agency shall encourage the
ongoing work of private and voluntary organizations to deal with world
hunger problems abroad. To this end, the Director shall help facilitate
widespread public discussion, analysis, and review of the issues raised
by the Report of the Presidential Commission on World Hunger of March
1980, especially the issues raised by the Commission's call for
increased public awareness of the political, economic, technical, and
social factors relating to hunger and poverty.
``(b) As a means of carrying out subsection (a), and to ensure the
effectiveness of private and voluntary organizations in dealing with
world hunger abroad, the Director is urged to provide assistance to
private and voluntary organizations engaged in facilitating public
discussion of hunger and other related issues.''.
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PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
Sec. 541.\71\ 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.
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\71\ 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.
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NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION
Sec. 542.\72\ None of the funds appropriated or made
available pursuant to this Act shall be available to a
nongovernmental organization which fails to provide upon timely
request any document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
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\72\ Similar language was first enacted as sec. 546 of the Foreign
Assistance Appropriations Act, 1986.
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Prohibition on Assistance to Foreign Governments that Export Lethal
Military Equipment to Countries Supporting International Terrorism
Sec. 543.\73\ (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
6(j) of the Export Administration Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
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\73\ Similar language was first enacted as sec. 573 of the Foreign
Assistance Appropriations Act, 1994, which referred to section 40(d) of
the Arms Export Control Act in subsec. (a). In FY 1999, the text
referred to that Act ``or any other comparable provision of law''. In
FY 2002, the text referred instead to section 6(j) of the Export
Administration Act.
See also sec. 620A of the Foreign Assistance Act of 1961.
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(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the waiver authority 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. 544.\74\ (a) In General.--Of the funds appropriated
under this Act that are 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 fines determined
to be owed under the parking programs in the District of
Columbia and New York City, New York by such country as of
September 30, 2002 that were incurred after the first day of
the fiscal year preceding the current fiscal year 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 governments of the District of Columbia and
New York City, New York.
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\74\ Similar language was first enacted as sec. 574 of the Foreign
Assistance Appropriations Act, 1994. References to penalties and fines
owed to New York were added in FY 2001.
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(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate and the Committee on International Relations and the
Committee on Appropriations of the House of Representatives.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
Sec. 545.\75\ None of the funds appropriated by this Act
may be obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the Middle
East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make
inapplicable section 307 of the Foreign Assistance Act of 1961
and that suspension is still in effect: Provided, That if the
President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
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\75\ Similar language first enacted as sec. 565 of the Foreign
Assistance Appropriations Act, 1995.
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WAR CRIMES TRIBUNALS DRAWDOWN
Sec. 546.\76\ 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 or
authorize 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 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.
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\76\ Funding for war crimes tribunals drawdown was first enacted in
sec. 548(e) of the Foreign Assistance Appropriations Act, 1994.
Language enacted in prior years codified at 22 U.S.C. 2656 note. The
proviso referring to establishment of any standing or permanent
international criminal tribunal or court was added in FY 2003.
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LANDMINES
Sec. 547.\77\ Notwithstanding any other provision of law,
demining equipment available to the United States 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.
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\77\ Similar language was first enacted as sec. 578 of the Foreign
Assistance Appropriations Act, 1995.
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RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 548.\78\ None of the funds appropriated by this Act
may be obligated or expended to create in any part of Jerusalem
a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza
and Jericho or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles:
Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
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\78\ Similar language was first enacted as sec. 585 of the Foreign
Assistance Appropriations Act, 1995.
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PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
Sec. 549.\79\ 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 Health Programs Fund'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
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\79\ 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''.
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(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES
Sec. 550.\80\ 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.
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\80\ Similar language was first enacted as sec. 581 of the Foreign
Assistance Appropriations Act, 1997. Prior to FY 2003, the section
required Presidential certification ``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'' 15 days in advance of disbursement of
funds.
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CARIBBEAN BASIN
Sec. 551.\81\ (a) 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.
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\81\ Language similar to subsec. (a) was first enacted as sec. 582
of the Foreign Assistance Appropriations Act, 1997. Prior to fiscal
year 2001, the section stated eligibility for both Haiti's Coast Guard
and the civilian-led Haitian National Police.
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(b) Of the funds appropriated by title II of this Act and
of the funds appropriated to carry out food assistance programs
managed by the United States Agency for International
Development, a total of not less than $52,500,000 should be
allocated for assistance for Haiti in fiscal year 2003.
(c) Of the funds appropriated by title II of this Act, a
total of $37,680,000 should be allocated for assistance for
Nicaragua and $40,130,000 should be allocated for assistance
for Honduras, to address the conditions of increasing poverty
in the rural sectors of those countries through programs that
support, among other things, increased agricultural production
and other income generating opportunities, improved health, and
expanded education opportunities, especially for disadvantaged
youth.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
Sec. 552.\82\ (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.
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\82\ First enacted as sec. 566 of the Foreign Assistance
Appropriations Act, 1998.
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(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. 553.\83\ None of the funds made available by this Act
may be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by
this Act from any unit of the security forces of a foreign
country not credibly alleged to be involved in gross violations
of human rights: Provided further, That in the event that funds
are withheld from any unit pursuant to this section, the
Secretary of State shall promptly inform the foreign government
of the basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
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\83\ 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.
Sec. 1502 of the Emergency Wartime Supplemental Appropriations Act,
2003 (Public Law 108-11; 117 Stat. 578), provided the following:
``Sec. 1502. Assistance or other financing under this chapter may
be provided for Iraq notwithstanding any other provision of law:
Provided, That the authority contained in this section shall not apply
to section 553 of Public Law 108-7: Provided further, That funds made
available for Iraq pursuant to this authority shall be subject to the
regular reprogramming procedures of the Committees on Appropriations
and section 634A of the Foreign Assistance Act of 1961, except that
notification shall be transmitted at least 5 days in advance of
obligation: Provided further, That the notification requirements of
this section 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 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.''.
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PROTECTION OF BIODIVERSITY AND TROPICAL FORESTS
Sec. 554. Of the funds appropriated under the heading
``Development Assistance'', not less than $145,000,000 should
be made available for programs and activities which directly
protect biodiversity, including forests, in developing
countries: Provided, That of the funds made available under
this section, $50,000,000 shall be made available to carry out
tropical forest conservation activities authorized by the
Foreign Assistance Act of 1961, of which amount up to
$40,000,000 may be made available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees, pursuant to the provisions
of part V of such Act, the Tropical Forest Conservation Act of
1998.
ENERGY CONSERVATION, ENERGY EFFICIENCY AND CLEAN ENERGY PROGRAMS
Sec. 555.\84\ (a) Funding.--Of the funds appropriated by
this Act, not less than $175,000,000 should be made available
to support policies and programs in developing countries and
countries in transition that directly: (1) promote a wide range
of energy conservation, energy efficiency and clean energy
programs and activities, including the transfer of clean and
environmentally sustainable energy technologies; (2) measure,
monitor, and reduce greenhouse gas emissions; (3) increase
carbon sequestration activities; and (4) enhance climate change
mitigation and adaptation programs.
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\84\ Language pertaining to greenhouse gas emissions 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.
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(b) Greenhouse Gas Emissions Report.--Not later than 45
days after the date on which the President's fiscal year 2004
budget request is submitted to Congress, the President shall
submit a report to the Committees on Appropriations describing
in detail the following--
(1) all Federal agency obligations and expenditures,
domestic and international, for climate change programs
and activities in fiscal year 2003, including 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; and
(2) all fiscal year 2002 obligations and estimated
expenditures, fiscal year 2003 estimated expenditures
and estimated obligations, and fiscal year 2004
requested funds by the United States Agency for
International Development, by country and central
program, for each of the following: (i) to promote the
transfer and deployment of a wide range of United
States clean energy and energy efficiency technologies;
(ii) to assist in the measurement, monitoring,
reporting, verification, and reduction of greenhouse
gas emissions; (iii) to promote carbon capture and
sequestration measures; (iv) to help meet such
countries' responsibilities under the Framework
Convention on Climate Change; and (v) to develop
assessments of the vulnerability to impacts of climate
change and mitigation and adaptation response
strategies.
ZIMBABWE
Sec. 556.\85\ The Secretary of the Treasury shall instruct
the United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans, to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
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\85\ First enacted as sec. 560 of the Foreign Assistance
Appropriations Act, 2002.
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NIGERIA
Sec. 557. None of the funds appropriated under the headings
``International Military Education and Training'' and ``Foreign
Military Financing Program'' may be made available for
assistance for Nigeria until the President certifies to the
Committees on Appropriations that the Nigerian Minister of
Defense, the Chief of the Army Staff, and the Minister of State
for Defense/Army are suspending from the Armed Forces those
members, of whatever rank, against whom there is credible
evidence of gross violations of human rights in Benue State in
October 2001, and the Government of Nigeria and the Nigerian
Armed Forces are taking effective measures to bring such
individuals to justice: Provided, That the President may waive
such prohibition if he determines that doing so is in the
national security interest of the United States: Provided
further, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations describing the involvement of the Nigerian Armed
Forces in the incident in Benue State, the measures that are
being taken to bring such individuals to justice, and whether
any Nigerian Armed Forces units involved with the incident in
Benue State are receiving United States assistance.
BURMA
Sec. 558.\86\ Of the funds appropriated under the heading
``Economic Support Fund'', not less than $7,000,000 shall be
made available to support democracy activities in Burma, along
the Burma-Thailand border, for activities of Burmese student
groups and other organizations located outside Burma, and for
the purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma's borders:
Provided, That of this amount $500,000 should be made available
to support newspapers, publications, and other media activities
promoting democracy inside Burma: Provided further, That funds
made available under this heading may be made available
notwithstanding any other provision of law: Provided further,
That funds made available by this section shall be subject to
the regular notification procedures of the Committees on
Appropriations.
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\86\ Similar language first enacted in title II of the Foreign
Assistance Appropriations Act, 1996
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ENTERPRISE FUND RESTRICTIONS
Sec. 559.\87\ 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.
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\87\ First enacted as sec. 577 of the Foreign Assistance
Appropriations Act, 1999.
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CAMBODIA
Sec. 560.\88\ (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 meet basic human needs.
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\88\ Language similar to subsec. (a) was first enacted as sec. 573
of the Foreign Assistance Appropriations Act, 1998. The remaining
subsecs. have changed substantially in each fiscal year.
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(b)(1) None of the funds appropriated by this Act may be
made available for assistance for the Central Government of
Cambodia.
(2) Paragraph (1) shall not apply to assistance for basic
education, reproductive and maternal and child health, cultural
and historic preservation, programs for the prevention,
treatment, and control of, and research on, HIV/AIDS,
tuberculosis, malaria, polio and other infectious diseases,
programs to combat human trafficking that are provided through
nongovernmental organizations, and for the Ministry of Women
and Veterans Affairs to combat human trafficking.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $5,000,000 may be made
available for activities to support democracy, including
assistance for democratic political parties.
(d) Of the funds appropriated by this Act, $3,750,000 shall
be made available, notwithstanding subsection (b), as a
contribution for an endowment to sustain rehabilitation
programs for Cambodians suffering from physical disabilities
that are administered by an American nongovernmental
organization that is directly supported by the United States
Agency for International Development: Provided, That such funds
may be made available only if an amount at least equal to one-
half the United States contribution is provided for the
endowment from sources other than the United States Government.
FOREIGN MILITARY TRAINING REPORT
Sec. 561.\89\ (a) The Secretary of Defense and the
Secretary of State shall jointly provide to the Congress by May
1, 2003, 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 2002 and 2003, including those
proposed for fiscal year 2003. 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.
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\89\ Similar language was first enacted as sec. 581 of the Foreign
Assistance Appropriations Act, 1999. See also sec. 656 of the Foreign
Assistance Act of 1961 (Public Law 87-195; 22 U.S.C. 2416).
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(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. 562. None of the funds appropriated by this Act, or
prior Acts making appropriations for foreign operations, export
financing, and related programs, may be made available for
assistance to the Korean Peninsula Energy Organization (KEDO):
Provided, That the President may waive this restriction and
provide up to $5,000,000 of funds appropriated under the
heading ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'' for assistance to KEDO for administrative
expenses only notwithstanding any other provision of law, if he
determines that it is vital to the national security interests
of the United States and provides a written policy
justification to the appropriate congressional committees:
Provided further, That funds may be obligated for assistance to
KEDO subject to the regular notification procedures of the
Committees on Appropriations.
PALESTINIAN STATEHOOD
Sec. 563. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a
Palestinian state unless the Secretary of State determines and
certifies to the appropriate congressional committees that--
(1) a new leadership of a Palestinian governing
entity has been democratically elected through credible
and competitive elections;
(2) the elected governing entity of a new Palestinian
state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of
terrorist infrastructures;
(C) is establishing a new Palestinian
security entity that is fully cooperative with
appropriate Israeli and other appropriate
security organizations; and
(3) the Palestinian Authority (or the governing body
of a new Palestinian state) is working with other
countries in the region to vigorously pursue efforts to
establish a just, lasting, and comprehensive peace in
the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the newly elected governing entity should enact a constitution
assuring the rule of law, an independent judiciary, and respect
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable
governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests
of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly elected
governing entity, in order to help meet the requirements of
subsection (a), consistent with the provisions of section 552
of this Act (``Limitation on Assistance to the Palestinian
Authority'').
COLOMBIA
Sec. 564. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated
by this Act that are available for assistance for the Colombian
Armed Forces, may be made available as follows:
(1) Up to 75 percent of such funds may be obligated
prior to a determination and certification by the
Secretary of State pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be obligated
only after the Secretary of State certifies and reports
to the appropriate congressional committees that:
(A) The Commander General of the Colombian
Armed Forces is suspending from the Armed
Forces those members, of whatever rank, who
have been credibly alleged to have committed
gross violations of human rights, including
extra-judicial killings, or to have aided or
abetted paramilitary organizations.
(B) The Colombian Government is prosecuting
those members of the Colombian Armed Forces, of
whatever rank, who have been credibly alleged
to have committed gross violations of human
rights, including extra-judicial killings, or
to have aided or abetted paramilitary
organizations, and is punishing those members
of the Colombian Armed Forces found to have
committed such violations of human rights or to
have aided or abetted paramilitary
organizations.
(C) The Colombian Armed Forces are
cooperating with civilian prosecutors and
judicial authorities in such cases (including
providing requested information, such as the
identity of persons suspended from the Armed
Forces and the nature and cause of the
suspension, and access to witnesses, relevant
military documents, and other requested
information).
(D) The Colombian Armed Forces are severing
links (including denying access to military
intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or
tacit cooperation) at the command, battalion,
and brigade levels, with paramilitary
organizations.
(E) The Colombian Armed Forces are executing
orders for capture of leaders of paramilitary
organizations that continue armed conflict.
(3) The balance of such funds may be obligated after
July 31, 2003, if the Secretary of State certifies and
reports to the appropriate congressional committees,
after such date, that the Colombian Armed Forces are
continuing to meet the conditions contained in
paragraph (2) and are conducting vigorous operations to
restore government authority and respect for human
rights in areas under the effective control of
paramilitary and guerrilla organizations.
(b) Consultative Process.--At least 10 days prior to making
the certifications required by subsection (a), the Secretary of
State shall consult with internationally recognized human
rights organizations regarding progress in meeting the
conditions contained in that subsection.
(c) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted''
means to provide any support to paramilitary groups,
including taking actions which allow, facilitate, or
otherwise foster the activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives.
ILLEGAL ARMED GROUPS
Sec. 565.\90\ (a) Denial of Visas to Supporters of
Colombian Illegal Armed Groups.--Subject to subsection (b), the
Secretary of State shall not issue a visa to any alien who the
Secretary determines, based on credible evidence--
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\90\ First enacted as sec. 568 of the Foreign Assistance
Appropriations Act, 2002.
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(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Self-
Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross
violations of human rights, including extra-judicial
killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appropriate
congressional committees, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support the
peace process in Colombia or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 566.\91\ 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.
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\91\ First enacted as sec. 584 of the Foreign Assistance
Appropriations Act, 1999.
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IRAQ
Sec. 567. Notwithstanding any other provision of law, funds
appropriated under the heading ``Economic Support Fund'' may be
made available for programs benefitting the Iraqi people and to
support efforts to bring about a political transition in Iraq:
Provided, That none of the funds made available pursuant to the
authorities provided in this section may be made available to
any organization to reimburse or pay for costs incurred by such
organization in prior fiscal years: Provided further, That
funds made available under this section are made available
subject to the regular notification procedures of the
Committees on Appropriations.
WEST BANK AND GAZA PROGRAM
Sec. 568.\92\ (a) Oversight.--For fiscal year 2003, 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.
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\92\ Subsec. (a) was first enacted as sec. 587 of the Foreign
Assistance Appropriations Act, 2000.
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(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual or entity that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity.
The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection.
(c) Audits.--(1) The Administrator of the United States
Agency for International Development shall ensure that Federal
or non-Federal audits of all contractors and grantees, and
significant subcontractors and subgrantees, under the West Bank
and Gaza Program, are conducted at least on an annual basis to
ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for the West Bank and Gaza, up to $1,000,000 may be
used by the Office of the Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection. Such funds are in addition to
funds otherwise available for such purposes.
INDONESIA
Sec. 569.\93\ Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made
available for assistance for Indonesia, and licenses may be
issued for the export of lethal defense articles for the
Indonesian Armed Forces, only if the President certifies to the
appropriate congressional committees that--
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\93\ Language pertaining to providing IMET and FMF funding to
Indonesia was first enacted as sec. 589 of the Foreign Assistance
Appropriations Act, 2000.
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(1) the Indonesia Minister of Defense is suspending
from the Armed Forces those members, of whatever rank,
who have been credibly alleged to have committed gross
violations of human rights, or to have aided or abetted
militia groups;
(2) the Indonesian Government is prosecuting those
members of the Indonesian Armed Forces, of whatever
rank, who have been credibly alleged to have committed
gross violations of human rights, or to have aided or
abetted militia groups, and is punishing those members
of the Indonesian Armed Forces found to have committed
such violations of human rights or to have aided or
abetted militia groups;
(3) the Indonesian Armed Forces are cooperating with
civilian prosecutors and judicial authorities in such
cases (including providing access to witnesses,
relevant military documents, and other requested
information); and
(4) the Minister of Defense is making publicly
available audits of receipts and expenditures of the
Indonesian Armed Forces.
RESTRICTIONS ON ASSISTANCE TO GOVERNMENTS DESTABILIZING SIERRA LEONE
Sec. 570.\94\ (a) None of the funds appropriated by this
Act may be made available for assistance for the government of
any country for which 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.
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\94\ Similar language was first enacted in sec. 583 of the Foreign
Assistance Appropriations Act, 2001.
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(b) Whenever the prohibition on assistance required under
subsection (a) is exercised, the Secretary of State shall
notify the Committees on Appropriations in a timely manner.
VOLUNTARY SEPARATION INCENTIVES
Sec. 571. 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), as amended, is
amended by striking ``December 31, 2002'' and inserting in lieu
thereof ``January 1, 2003''.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
Sec. 572.\95\ Funds appropriated in Public Law 107-115 that
were available for the United Nations Population Fund (UNFPA),
and an equal amount in this Act, shall be made available for
the UNFPA if the President determines that the UNFPA no longer
supports or participates in the management of a program of
coercive abortion or involuntary sterilization: Provided, That
none of the funds made available for the UNFPA may be used in
the People's Republic of China: Provided further, That the
other conditions on availability of funds for abortion and
abortion-related activities contained in either this Act or
Public Law 107-115, including but not limited to section
576(c), shall apply to any assistance provided for the UNFPA in
this Act or Public Law 107-115, respectively: Provided further,
That the conditions on availability of funds for the UNFPA as
contained in section 576(c) of Public Law 107-115 shall apply
to any assistance provided for the UNFPA in this Act: Provided
further, That the amount of funds that the UNFPA plans to spend
in the People's Republic of China in calendar years 2002 and
2003, as determined by the Secretary of State, shall be
deducted from funds made available to the UNFPA under Public
Law 107-115 and this Act.
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\95\ Sec. 576 of Public Law 107-115 provided as follows:
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``UNITED NATIONS POPULATION FUND
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``Sec. 576. (a) Limitations on Amount of Contribution.--Of the
amounts made available under `International Organizations and
Programs', not more than $34,000,000 for fiscal year 2002 shall be made
available for the United Nations Population Fund (hereafter in this
section 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 2002
for the UNFPA may not be made available to UNFPA unless--
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``(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.''.
PROCUREMENT AND FINANCIAL MANAGEMENT REFORM
Sec. 573.\96\ (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--
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\96\ Similar language was first enacted as sec. 588 of the Foreign
Assistance Appropriations Act, 2001.
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(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) 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.
CENTRAL ASIA
Sec. 574. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Uzbekistan only
if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Uzbekistan
is making substantial and continuing progress in meeting its
commitments under the ``Declaration on the Strategic
Partnership and Cooperation Framework Between the Republic of
Uzbekistan and the United States of America''.
(b) Funds appropriated by this Act may be made available
for assistance for the Government of Kazakhstan only if the
Secretary of State determines and reports to the Committees on
Appropriations that the Government of Kazakhstan has made
significant improvements in the protection of human rights
during the preceding 6 month period.
(c) The Secretary of State may waive the requirements under
subsection (b) if he determines and reports to the Committees
on Appropriations that such a waiver is in the national
security interests of the United States.
(d) Not later than October 1, 2003, the Secretary of State
shall submit a report to the Committees on Appropriations
describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 6-month period
ending 30 days prior to submission of each such report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(e) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 575.\97\ Notwithstanding any other provision of law,
and subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
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\97\ Previously codified at 22 U.S.C. 2763 note. Similar language
first enacted as sec. 580 of the Foreign Assistance Appropriations Act,
1989.
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WAR CRIMINALS
Sec. 576.\98\ (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
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\98\ Popularly referred to as the Lautenberg amendment. For
earliest version of this section, see sec. 573 of the Foreign
Assistance Appropriations Act, 1998.
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(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension of
any new project involving financial or technical assistance or
grants to any country or entity described in subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on
Appropriations 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.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means a
city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
User Fees
Sec. 577.\99\ 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, grant, strategy or policy 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' financing
programs.
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\99\ Similar language first enacted as sec. 596 of the Foreign
Assistance Appropriations Act, 2001.
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FUNDING FOR SERBIA
Sec. 578. (a) Funds appropriated by this Act may be made
available for assistance for Serbia after June 15, 2003, if the
President has made the determination and certification
contained in subsection (c).
(b) After June 15, 2003, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of the Federal Republic of
Yugoslavia (or a government of a successor state) 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 (or a successor state) 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 that the
Government of the Federal Republic of Yugoslavia (or a
government of a successor state) is--
(1) cooperating with the International Criminal
Tribunal for the former 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,
including the release of political prisoners from
Serbian jails and prisons.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy in
municipalities.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Sec. 579. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide
assistance for a foreign country under a new bilateral
agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a
provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign
government, and the Secretary of State shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2003 by a foreign government or entity against commodities
financed under United States assistance programs for which
funds are appropriated by this Act, either directly or through
grantees, contractors and subcontractors, as of the date of the
enactment of this Act, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2004 and
allocated for the central government of such country and for
the West Bank and Gaza Program to the extent that the Secretary
of State certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Refund to the Treasury and Reprogramming of Funds.--Of
the funds withheld from obligation for each country or entity
pursuant to subsection (b), one-half may become available for
reprogramming for other purposes (pursuant to section 515 of
this Act and consistent with the purposes for which such funds
were originally appropriated) and one-half shall be deposited
in the General Fund of the Treasury on, or within 5 days after,
September 1, 2004, pursuant to the certification required under
subsection (b).
(e) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(f) Report.--Not later than February 1, 2004, the
Comptroller General of the United States shall submit a report
to the Committees on Appropriations which assesses the
following--
(1) the extent to which existing bilateral agreements
provide exemption from taxation;
(2) the status of negotiations of new framework
bilateral agreements or modifications of existing
framework bilateral agreements;
(3) the reasons why new framework bilateral
agreements or modifications of existing bilateral
agreements, entered into within the previous 5 years,
have (as appropriate) failed to include exemption from
taxation; and
(4) the administrative procedures that foreign
governments use to ensure that United States assistance
commodities are not taxed or, if they are, that such
taxes are reimbursed to the United States Government,
and the adequacy of those procedures.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
GAO REPORT
Sec. 580. Not later than November 1, 2003, the Comptroller
General of the United States shall provide a report to the
Committees on Appropriations on the extent to which the
Department of State is complying with section 301(c) of the
Foreign Assistance Act of 1961, and on the implementation of
procedures that have been established to meet the standards of
the Department of State regarding compliance with the
requirements of section 301(c).\100\
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\100\ Sec. 301(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2221(c)) reads as follows:
``(c) 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.''.
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TRAINING PROGRAM EVALUATION
Sec. 581. Not later than June 30, 2003, the Secretary of
State, in consultation with the Secretary of Defense, shall
submit a report to the Committees on Appropriations describing
in detail the steps that the Departments of State and Defense
are making to improve performance evaluation procedures for the
International Military Education and Training (IMET) program
and the progress that the Departments of State and Defense are
making in implementing section 548 of the Foreign Assistance
Act of 1961.
Community-Based Police Assistance
Sec. 582.\101\ (a) Authority.--Funds made available 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 used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
in Jamaica and El Salvador through training and technical
assistance in human rights, the rule of law, strategic
planning, and through assistance to foster civilian police
roles that support democratic governance including assistance
for programs to prevent conflict and foster improved police
relations with the communities they serve.
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\101\ 22 U.S.C. 2151 note.
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(b) Report.--
(1) The Administrator of the United States Agency for
International Development shall submit, at the time of
submission of the agency's Congressional Budget
Justification Document for fiscal year 2004, and
annually thereafter, a report to the Committees on
Appropriations describing the progress these programs
are making toward improving police relations with the
communities they serve and institutionalizing an
effective community-based police program.
(2) The requirements of paragraph (1) are in lieu of
the requirements contains in section 587(b) of Public
Law 107-115.\102\
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\102\ Sec. 587(b) of the Kenneth M. Ludden Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2002 (Public
Law 107-115), provided as follows:
``(b) Report.--Twelve months after the initial obligation of funds
for Jamaica for activities authorized under subsection (a), the
Administrator of the United States Agency for International Development
shall submit a report to the appropriate congressional committees
describing the progress the program is making toward improving police
relations with the communities they serve and institutionalizing an
effective community-based police program.''.
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(c) Notification.--Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT BANK
RESTRICTIONS
Sec. 583.\103\ (a) Limitation on Use of Funds by OPIC.--
None of the funds made available in this Act may be used by the
Overseas Private Investment Corporation to insure, reinsure,
guarantee, or finance any investment in connection with a
project involving the mining, polishing or other processing, or
sale of diamonds in a country that fails to meet the
requirements of subsection (c).
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\103\ Similar language first enacted as sec. 590 of the Foreign
Assistance Appropriations Act, 2002.
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(b) Limitation on Use of Funds by the Export-Import Bank.--
None of the funds made available in this Act may be used by the
Export-Import Bank of the United States to guarantee, insure,
extend credit, or participate in an extension of credit in
connection with the export of any goods to a country for use in
an enterprise involving the mining, polishing or other
processing, or sale of diamonds in a country that fails to meet
the requirements of subsection (c).
(c) Requirements.--The requirements referred to in
subsections (a) and (b) are that the country concerned is
implementing the recommendations, obligations and requirements
developed by the Kimberley Process on conflict diamonds, or
taking other measures that the Secretary of State determines to
contribute effectively to preventing and eliminating the trade
in conflict diamonds.
TRADE CAPACITY BUILDING
Sec. 584. Of the funds appropriated by this Act, under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'', and
``International Organizations and Programs'', not less than
$452,000,000 should be made available for trade capacity
building assistance.
TRANSPARENCY AND ACCOUNTABILITY
Sec. 585. (a) Findings.--The Congress finds that--
(1) There is a lack of transparency in the revenues
and expenditures of the national budgets of many
developing countries that receive United States
assistance.
(2) In such countries, official revenues--
particularly from natural resource extraction--are
often unreported, under-reported, or inaccurately
recorded by foreign government agencies.
(3) Such inefficiencies--which in some instances mask
outright theft--result in the failure of such
governments to adequately provide their citizens with
social, political, economic, and legal benefits and
opportunities, and undermine the effectiveness of
assistance provided to such countries by the United
States and other international donors.
(4) Good governance and respect for the rule of law
are critical to a nation's development.
(b) Report.--Not more than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations, describing in detail--
(1) Those countries whose central governments receive
foreign assistance from the United States;
(2) Relevant laws and regulations in such countries
governing the public disclosure of revenues and
expenditures in national budgets;
(3) The adequacy of those laws and regulations, and
the extent to which they are implemented and enforced;
(4) Those countries receiving such assistance where
no such laws or regulations exist, and the extent to
which such revenues and expenditures are publicly
disclosed; and
(5) Programs and activities sponsored by the United
States Government to promote accurate disclosure of
revenues and expenditures in the national budgets of
such countries, and the results of those programs and
activities.
AMERICAN CHURCHWOMEN AND OTHER CITIZENS IN EL SALVADOR AND GUATEMALA
Sec. 586.\104\ (a) Information relevant to the December 2,
1980, murders of four American churchwomen in El Salvador, and
the May 5, 2001, murder of Sister Barbara Ann Ford and the
murders of other American citizens in Guatemala since December
1999, should be investigated and made public.
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\104\ Language pertaining to the murdered American churchwomen in
El Salvador was first enacted in sec. 728 of the International Security
and Development Cooperation Act of 1981 (Public Law 97-113). In
appropriations measures, such language was first enacted in sec. 595 of
the Foreign Assistance Appropriations Act, 1999. Reference to the
deaths in Guatemala was added in FY 2002.
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(b) Not later than 45 days after enactment of this Act, the
President shall order all Federal agencies and departments,
including the Federal Bureau of Investigation, that possess
relevant information, to expeditiously declassify and release
to the victims' families such information, consistent with
existing standards and procedures on classification, and shall
provide a copy of such order to the Committees on
Appropriations.
(c) In making determinations concerning declassification
and release of relevant information, all Federal agencies and
departments should use the discretion contained within such
existing standards and procedures on classification in support
of releasing, rather than withholding, such information.
(d) All reasonable efforts should be taken by the American
Embassy in Guatemala to work with relevant agencies of the
Guatemalan Government to protect the safety of American
citizens in Guatemala, and to assist in the investigations of
violations of human rights.
This division may be cited as the ``Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2003''.
b. Emergency Wartime Supplemental Appropriations Act, 2003
Partial text of Public Law 108-11 [H.R. 1559], 117 Stat. 559, approved
April 16, 2003
AN ACT Making emergency wartime supplemental appropriations for the
fiscal year 2003, 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, 2003, and for other purposes, namely:
TITLE I--WAR-RELATED APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
* * * * * * *
Public Law 480 Title II Grants
(including transfer of funds)
For additional expenses during the current fiscal year, not
otherwise recoverable, and unrecovered prior years' costs,
including interest thereon, under the Agricultural Trade
Development and Assistance Act of 1954, $369,000,000, to remain
available until expended, for commodities supplied in
connection with dispositions abroad under title II of said Act:
Provided, That from this amount, to the maximum extent
possible, funding shall be restored to the previously approved
fiscal year 2003 programs under section 204(a)(2) of the
Agricultural Trade Development and Assistance Act of 1954:
Provided further, That of the funds provided under this
heading, the Secretary of Agriculture shall transfer to the
Commodity Credit Corporation $69,000,000 to acquire a quantity
of commodities for use in administering the Bill Emerson
Humanitarian Trust: Provided further, That the authority
contained in 7 U.S.C. 1736f-1(c)(4) shall not apply during
fiscal year 2003 for any release of commodities after the date
of enactment of this Act.
* * * * * * *
CHAPTER 2
* * * * * * *
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ``Diplomatic and Consular
Programs'', $88,420,000, to remain available until December 31,
2003: Provided, That $35,800,000 shall be available for costs
associated with the re-establishment of a United States
diplomatic presence in Baghdad, Iraq.
In addition, for the costs of worldwide security upgrades,
$10,000,000, to remain available until December 31, 2003.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $149,500,000, to remain
available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For an additional amount for ``Emergencies in the
Diplomatic and Consular Service'', $50,000,000, to remain
available until expended, which may be transferred to, and
merged with, the appropriations for ``Diplomatic and Consular
Programs''.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ``International Broadcasting
Operations'' for activities related to the Middle East
Television Network broadcasting to the Middle East and radio
broadcasting to Iraq, $30,500,000, to remain available until
September 30, 2004.
GENERAL PROVISION, THIS CHAPTER
Sec. 1201. Funds appropriated under this chapter for the
Broadcasting Board of Governors and the Department of State may
be obligated and expended notwithstanding section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995, and section 15 of the State Department Basic Authorities
Act of 1956, as amended.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
* * * * * * *
Iraq Freedom Fund
(transfer of funds)
There is established in the Treasury of the United States a
special account to be known as the ``Iraq Freedom Fund''. For
additional expenses for ongoing military operations in Iraq,
and those operations authorized by Public Law 107-40, and other
operations and related activities in support of the global war
on terrorism, not otherwise provided for, necessary to finance
the estimated partial costs of combat, stability operations
(including natural resource risk remediation activities), force
reconstitution, replacement of munitions and equipment, and
other costs, there is hereby appropriated $15,678,900,000, to
remain available for transfer until September 30, 2004:
Provided, That amounts provided under this heading shall be
available for transfer for the following activities:
Not less than $1,771,180,000 for classified programs,
which shall be in addition to amounts provided for
elsewhere in this chapter, and under this heading, for
procurement and research, development, test and
evaluation;
Not less than $1,100,000,000 for increased fuel
costs, for transfer to ``Defense Working Capital
Funds'';
Up to $1,400,000,000 for transfer to ``Operation and
Maintenance, Defense-Wide'', only for purposes further
specified in section 1310 of this chapter;
Up to $489,300,000 for transfer to the ``Natural
Resources Risk Remediation Fund'';
Up to $400,000,000 for transfer to Department of
Homeland Security, ``United States Coast Guard,
Operating Expenses'', to support military activities in
connection with operations in and around Iraq and the
global war on terrorism;
Up to $57,600,000 for research, development, test,
and evaluation; and
Up to $25,000,000 for counter-terrorism military
training activities for foreign governments in
connection with the global war on terrorism, including
equipment, supplies and services, on such terms as the
Secretary of Defense, with the concurrence of the
Secretary of State and 15 days following submission of
a financial plan for the use of such funds to the
congressional defense committees, may determine:
Provided further, That in addition to the transfers authorized
in the preceding proviso, the Secretary of Defense may transfer
the funds provided herein to appropriations for military
personnel; operation and maintenance; Overseas Humanitarian,
Disaster Assistance, and Civic Aid; procurement; research,
development, test and evaluation; military construction; the
Defense Health Program appropriation; and working capital
funds: Provided further, That the funds transferred under this
heading shall be merged with and shall be available for the
same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That the
transfer authority provided in this paragraph is in addition to
any other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation: Provided
further, That the Secretary of Defense shall, not fewer than 5
days prior to making transfers from this appropriation, notify
the congressional defense committees in writing of the details
of any such transfer: Provided further, That the Secretary of
Defense shall submit a report no later than July 1, 2003, and
then 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the
transfer of funds from this appropriation.
Natural Resources Risk Remediation Fund
(transfer of funds)
There is established in the Treasury of the United States a
special account to be known as the ``Natural Resources Risk
Remediation Fund''. Funds transferred to, appropriated to, and
contributions made to, the Natural Resources Risk Remediation
Fund may be made available for expenses necessary, in and
around Iraq, to address emergency fire fighting, repair of
damage to oil facilities and related infrastructure, and
preserve a distribution capability, and may remain available
until expended: Provided, That up to $489,300,000 of the funds
appropriated to the Iraq Freedom Fund in this Act may be
transferred to this fund: Provided further, That the Secretary
of Defense may accept from any person, foreign government, or
international organization, and credit to this fund, any
contribution of money for such purposes: Provided further, That
funds available in the Defense Cooperation Account may be
transferred to and merged with the Natural Resources Risk
Remediation Fund: Provided further, That the Secretary of
Defense may transfer funds available in the Natural Resources
Risk Remediation Fund to other appropriations or funds of the
Department of Defense to carry out such purposes, or to
reimburse such appropriations or funds for expenses incurred
for such purposes: Provided further, That funds so transferred
shall be merged with and shall be available for the same
purposes and for the same time period as the appropriation or
fund to which transferred: Provided further, That the transfer
authority provided in this paragraph is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are
not necessary for the purposes provided, such amounts may be
transferred back to this appropriation: Provided further, That
in administering the Natural Resources Risk Remediation Fund
during fiscal year 2003, the Secretary of Defense may transfer
funds from the Iraq Freedom Fund only to the extent that
amounts transferred from the Defense Cooperation Account and
amounts accepted pursuant to the authority of the second
proviso of this paragraph are not currently available: Provided
further, That, hereafter, contributions of money deposited into
the Natural Resources Risk Remediation Fund shall be reported
to the Congress in the same report, and under the same terms
and conditions, as the report required for contributions to the
Defense Cooperation Account under section 2608, chapter 155 of
title 10, United States Code: Provided further, That the
Secretary of Defense shall submit a report no later than 30
days after the end of each fiscal quarter to the congressional
defense committees of any transfer of funds from this
appropriation.
* * * * * * *
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1301. Except as otherwise specifically provided in
this chapter, amounts provided to the Department of Defense
under each of the headings in this chapter shall be available
for the same time period, and subject to the same terms and
conditions, as the amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 2003
(Public Law 107-248) and Making Further Continuing
Appropriations for the Fiscal Year 2003, and for Other Purposes
(Public Law 108-7).
Sec. 1302. None of the funds provided in this chapter may
be used to finance programs or activities denied by Congress in
previous fiscal year 2003 appropriations acts which make
appropriations to the Department of Defense or to initiate a
procurement or research, development, test and evaluation new
start program without prior notification to the congressional
defense committees.
Sec. 1303. None of the funds in this chapter may be used to
develop or procure any item or capability that will not be
fielded within 4 years of enactment of this Act.
* * * * * * *
(including transfer of funds)
Sec. 1307. In addition to amounts made available elsewhere
in this Act for the Department of Defense, $165,000,000 is
appropriated to the Department of Defense to reimburse
applicable appropriations for the value of drawdown support
provided by the Department of Defense under the Afghanistan
Freedom Support Act of 2002: Provided, That this appropriation
shall not increase the limitation set forth in section 202(b)
of that Act: Provided further, That the Secretary of Defense
may transfer the funds provided herein to the applicable
appropriations of the Department of Defense: Provided further,
That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period as
the appropriation to which transferred: Provided further, That
the transfer authority provided in this section is in addition
to any other transfer authority available to the Department of
Defense: Provided further, That notwithstanding any other
provision of law, none of the funds provided in this or any
other appropriations Act for the Department of Defense may be
used for the drawdown authority in section 202 of the
Afghanistan Freedom Support Act of 2002 (Public Law 107-327)
prior to notifying in writing the House and Senate Committees
on Appropriations of the source of the funds to be used for
such purpose.
Sec. 1308. Funds appropriated in this Act, or made
available by the transfer of funds in or pursuant to this Act,
for intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414).
Sec. 1309. (a) Of the amounts available to the Secretary of
Defense, $63,500,000 may be used to reimburse applicable
appropriations for the value of support provided by the
Department of Defense under the Iraq Liberation Act of 1998:
Provided, That this appropriation shall not increase the
limitation set forth in section (4)(a)(2)(B) of that Act.
(b) Section (4)(a)(2) of the Iraq Liberation Act of 1998
\1\ is amended by adding the following new subparagraph at the
end:
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\1\ Public Law 105-338 (112 Stat. 3178) may be found in Legislation
on Foreign Relations Through 2002, vol. I-B.
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``(C) The aggregate value (as defined in
section 644(m) of the Foreign Assistance Act of
1961) of assistance provided under this
paragraph may not exceed $86,500,000 in fiscal
year 2003.''.
(c) Notwithstanding any other provision of law, none of the
funds provided in this or any other appropriations Act for the
Department of Defense may be used for the drawdown authority in
section (4)(a)(2) of the Iraq Liberation Act of 1998 (including
the drawdown authority of this section) unless the House and
Senate Committees on Appropriations are notified in writing of
the sources of the funds to be used for such purpose not later
than 7 days following the exercise of the drawdown authority.
(including transfer of funds)
Sec. 1310. Up to $1,400,000,000 of funds transferred under
the authority provided under the heading ``Iraq Freedom Fund''
to ``Operation and Maintenance, Defense-Wide'' may be used,
notwithstanding any other provision of law, for payments to
reimburse Pakistan, Jordan, and other key cooperating nations,
for logistical and military support provided, or to be
provided, to United States military operations in connection
with military action in Iraq and the global war on terrorism:
Provided, That such payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of
State and in consultation with the Director of the Office of
Management and Budget, may determine, in his discretion, based
on documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That unless expressly provided in an
appropriations Act enacted after the date of enactment of this
Act, and notwithstanding any other provision of law, no funds
other than those additional amounts provided herein shall be
made available for any payments intended to fulfill the
purposes specified in this section and similar reimbursement
authorities expressly provided in section 304 of Public Law
107-117 and within the ``Operation and Maintenance, Defense-
Wide'' appropriation account enacted in Public Law 107-206:
Provided further, That not later than July 1, 2003, the
Secretary of Defense shall submit a report in writing to the
Committees on Appropriations that includes a financial plan for
the obligation and expenditure of such funds: Provided further,
That if such report is not provided to the Committees on
Appropriations by the date specified in the previous proviso,
unobligated balances of funds that are available from the
amounts provided in this chapter for the purposes specified
under this section shall be returned to the Treasury of the
United States: Provided further, That, beginning not later than
July 1, 2003, the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations on the uses of
funds made available for payments to Pakistan, Jordan, and
other key cooperating nations for logistical and military
support provided to United States military operations in
connection with military action in and around Iraq and the
global war on terrorism.
(transfer of funds)
Sec. 1311. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may
transfer between appropriations up to $2,000,000,000 of the
funds made available in this chapter: Provided, That the
Secretary of Defense shall notify the Congress promptly of all
transfers made pursuant to this authority: Provided further,
That the transfer authority provided in this section is in
addition to any other transfer authority available to the
Department of Defense: Provided further, That the authority in
this section is subject to the same terms and conditions as the
authority provided in section 8005 of Public Law 107-248 except
for the fourth proviso.
* * * * * * *
(transfer of funds)
Sec. 1313. As of October 31, 2003, all balances of funds
remaining in the ``Defense Emergency Response Fund'' shall be
transferred to, and merged with, the ``Iraq Freedom Fund'', and
shall be available for the same purposes, and under the same
terms and conditions, as funds appropriated to the ``Iraq
Freedom Fund'' in this chapter.
* * * * * * *
CHAPTER 5
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For an additional amount for ``Child Survival and Health
Programs Fund'', $90,000,000, to remain available until
September 30, 2004.
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ``International Disaster
Assistance'', $143,800,000, to remain available until expended:
Provided, That amounts made available pursuant to section
492(b) of the Foreign Assistance Act of 1961 for the purpose of
addressing relief and rehabilitation needs in Iraq, prior to
enactment of this Act, shall be in addition to the amount that
may be obligated in any fiscal year under that section:
Provided further, That during the remainder of fiscal year 2003
the authority referenced in the preceding proviso may not be
utilized unless written notice has been provided to the
Committees on Appropriations not less than 5 days prior to the
exercise of such authority.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'',
$24,500,000, of which not less than $3,500,000 may be
transferred to and merged with ``Operating Expenses of the
United States Agency for International Development Office of
Inspector General'' for financial and program audits of the
Iraq Relief and Reconstruction Fund and other assistance for
Iraq.
OTHER BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
IRAQ RELIEF AND RECONSTRUCTION FUND
(including transfers of funds)
For necessary expenses for humanitarian assistance in and
around Iraq and to carry out the purposes of the Foreign
Assistance Act of 1961 for rehabilitation and reconstruction in
Iraq, there is appropriated to the President, $2,475,000,000,
to remain available until September 30, 2004, including for the
costs of: (1) water/sanitation infrastructure; (2) feeding and
food distribution; (3) supporting relief efforts related to
refugees, internally displaced persons, and vulnerable
individuals, including assistance for families of innocent
Iraqi civilians who suffer losses as a result of military
operations; (4) electricity; (5) healthcare; (6)
telecommunications; (7) economic and financial policy; (8)
education; (9) transportation; (10) rule of law and governance;
(11) humanitarian demining; and (12) agriculture: Provided,
That these funds shall be apportioned only to the Department of
State, the United States Agency for International Development,
the Department of the Treasury, the Department of Defense, and
the Department of Health and Human Services, as appropriate,
for expenses to meet such costs: Provided further, That funds
appropriated under this heading shall be used to fully
reimburse accounts administered by the Department of State, the
Department of the Treasury and the United States Agency for
International Development, not otherwise reimbursed from funds
appropriated by this chapter, for obligations incurred for the
purposes provided under this heading prior to enactment of this
Act from funds appropriated for foreign operations, export
financing, and related programs: Provided further, That prior
to the initial apportionment of funds made available under this
heading to any agency or department, the President, or his
designee, shall consult with the Committees on Appropriations
on plans for the use of the funds appropriated under this
heading that will be used for assistance for Iraq: Provided
further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for
the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the United
States may accept from any person, foreign government, or
international organization, and credit to this Fund, any
contribution of money for such purposes: Provided further, That
funds appropriated under this heading shall be available
notwithstanding any other provision of law, including section
10 of Public Law 91-672 and section 15 of the State Department
Basic Authorities Act of 1956: Provided further, That funds
appropriated under this heading or transferred under provisions
of this chapter or section 632 of the Foreign Assistance Act of
1961 that are made available for assistance for Iraq shall be
subject to notification of the Committees on Appropriations,
except that notifications shall be transmitted at least 5 days
in advance of the obligation of funds.
Economic Support Fund
For an additional amount for ``Economic Support Fund'',
$2,422,000,000, of which:
(1) not less than $700,000,000 shall be made
available for assistance for Jordan;
(2) $300,000,000, to remain available until September
30, 2005, shall be made available only for grants for
Egypt: Provided, That during the period beginning March
1, 2003, and ending September 30, 2005, loan guarantees
may be made to Egypt, the principal amount, any part of
which is to be guaranteed, shall not exceed
$2,000,000,000: Provided further, That the Government
of Egypt will incur all the costs, as defined in
section 502 of the Federal Credit Reform Act of 1990,
as amended, associated with these loan guarantees,
including any non-repayment exposure risk: Provided
further, That all fees associated with these loan
guarantees, including subsidy and administrative costs,
shall be paid by the Government of Egypt to the
Government of the United States: Provided further, That
funds made available under this paragraph and other
funds appropriated to carry out chapter 4 of part II of
the Foreign Assistance Act of 1961 and made available
for assistance for Egypt may be used by the Government
of Egypt to pay such fees to the United States
Government: Provided further, That such guarantees
shall constitute obligations, in accordance with the
terms of such guarantees, of the United States and the
full faith and credit of the United States is hereby
pledged for full payment and performance of such
obligations: Provided further, That the President shall
determine the terms and conditions for issuing the
economic assistance authorized by this paragraph and
should take into consideration budgetary and economic
reforms undertaken by Egypt: Provided further, That 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
such economic assistance not yet outlayed under this
paragraph;
(3) not to exceed $1,000,000,000, to remain available
until September 30, 2005, for grants for Turkey:
Provided, That during the period beginning March 1,
2003, and ending September 30, 2005, direct loans or
loan guarantees may be made to Turkey, the principal
amount of direct loans or loans, any part of which is
to be guaranteed, shall not exceed $8,500,000,000:
Provided further, That the Government of Turkey will
incur all the costs, as defined in section 502 of the
Federal Credit Reform Act of 1990, as amended,
associated with these loans or loan guarantees,
including any non-repayment exposure risk: Provided
further, That all fees associated with these loans or
loan guarantees, including subsidy and administrative
costs, shall be paid by the Government of Turkey to the
Government of the United States: Provided further, That
funds made available under this paragraph and other
funds appropriated to carry out chapter 4 of part II of
the Foreign Assistance Act of 1961 and made available
for assistance for Turkey may be used by the Government
of Turkey to pay such fees to the United States
Government: Provided further, That such guarantees
shall constitute obligations, in accordance with the
terms of such guarantees, of the United States and the
full faith and credit of the United States is hereby
pledged for the full payment and performance of such
obligations: Provided further, That none of the funds
made available by this paragraph may be made available
for assistance for Turkey if the Secretary of State
determines and reports to the Committees on
Appropriations of the House and Senate, the Committee
on Foreign Relations of the Senate and Committee on
International Relations of the House that the
Government of Turkey is not cooperating with the United
States in Operation Iraqi Freedom, including the
facilitation of humanitarian assistance to Iraq, or has
unilaterally deployed troops into northern Iraq:
Provided further, That the President shall determine
the terms and conditions for issuing the economic
assistance authorized by this paragraph and should take
into consideration budgetary and economic reforms
undertaken by Turkey: Provided further, That 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 such economic
assistance not yet outlayed under this paragraph:
Provided further, That any balance of funds not made
available to Turkey under this paragraph shall be
transferred to, and merged with, funds appropriated for
``Iraq Relief and Reconstruction Fund'';
(4) not less than $30,000,000 for the Philippines to
further prospects for peace in Mindanao, and not less
than $167,000,000 for assistance for Afghanistan:
Provided, That of the funds appropriated under this
heading, $10,000,000 should be made available for
investigations and research into allegations of war
crimes, crimes against humanity, or genocide committed
by Saddam Hussein or other Iraqis, and for a
contribution to an international tribunal to bring
these individuals to justice;
(5) regional funds made available under this heading
for assistance that are not specified in paragraphs (1)
through (4) shall be subject to the regular
notification procedures of the Committees on
Appropriations; and
(6) unless otherwise specified herein, funds
appropriated under this heading shall remain available
until September 30, 2004.
Loan Guarantees to Israel
During the period beginning March 1, 2003, and ending
September 30, 2005, loan guarantees may be made available to
Israel, guaranteeing 100 percent of the principal and interest
on such loans, the principal amount, any part of which is to be
guaranteed, not to exceed $9,000,000,000, of which up to
$3,000,000,000 may be issued prior to October 1, 2003, or
thereafter and of which $3,000,000,000 may be issued subsequent
to September 30, 2004: Provided, That such guarantees shall
constitute obligations, in accordance with the terms of such
guarantees, of the United States and the full faith and credit
of the United States is hereby pledged for the full payment and
performance of such obligations: Provided further, That if less
than the full amount of guarantees authorized to be made
available is issued prior to September 30, 2005, the authority
to issue the balance of such guarantees shall extend to the
subsequent fiscal year: Provided further, That 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: Provided further,
That the amount of guarantees that may be issued shall be
reduced by an amount equal to the amount extended or estimated
to have been extended by the Government of Israel during the
period from March 1, 2003, to the date of issue of the
guarantee, for activities which the President determines are
inconsistent with the objectives and understandings reached
between the United States and the Government of Israel
regarding the implementation of the loan guarantee program:
Provided further, That 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 the preceding proviso and that will be deducted from the
amount of guarantees authorized to be issued in the next fiscal
year: Provided further, That the interest rate for loans
guaranteed under this heading may include a reasonable fee to
cover the costs and fees incurred by the borrower in connection
with this program or financing under this heading in the event
the borrower elects not to finance such costs or fees out of
loan principal: Provided further, That no appropriations under
this heading are available for the subsidy costs for these loan
guarantees: Provided further, That the Government of Israel
will pay the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990, as amended, including any non-
payment exposure risk, associated with the loan guarantees
issued in any fiscal year, on a pro rata basis as each
guarantee is issued during that year: Provided further, That
all fees (as defined in section 601(e) of Public Law 102-391)
associated with the loan guarantees shall be paid by the
Government of Israel to the Government of the United States:
Provided further, That funds made available for assistance to
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:
Provided further, That the President shall determine the terms
and conditions for issuing guarantees, taking into
consideration the budgetary and economic reforms undertaken by
Israel: Provided further, That 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
loan guarantees not yet issued under this heading.
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $25,000,000, to remain available
until September 30, 2004.
Andean Counterdrug Initiative
For an additional amount for the ``Andean Counterdrug
Initiative'', $34,000,000, to remain available until September
30, 2004: Provided, That of the funds appropriated under this
heading that are made available for Colombia, not less than
$5,000,000 should be made available for programs and activities
to assist persons who have been displaced as a result of armed
conflict.
United States Emergency Refugee and Migration Assistance Fund
For an additional amount for ``United States Emergency
Refugee and Migration Assistance Fund'', $80,000,000, to remain
available until expended, notwithstanding section 2(c)(2) of
the Migration and Refugee Assistance Act of 1962, as amended
(22 U.S.C. 2601(c)(2)).
Nonproliferation, Anti-Terrorism, Demining and Related Programs
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $28,000,000:
Provided, That funds appropriated by this paragraph shall be
available notwithstanding section 10 of Public Law 91-672 and
section 15 of the State Department Basic Authorities Act of
1956.
MILITARY ASSISTANCE
FUNDS APPROPRIATED TO THE PRESIDENT
Foreign Military Financing Program
For an additional amount for the ``Foreign Military
Financing Program'', $2,059,100,000: Provided, That funds
appropriated by this paragraph shall be available
notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956: Provided
further, That of the funds appropriated under this heading, not
less than $406,000,000 shall be made available for grants only
for Jordan and not less than $1,000,000,000 shall be available
for grants only for Israel: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed
within 30 days of the enactment of this Act: 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 to by the United
States and Israel, be available for advanced weapons systems,
of which not less than $263,000,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That up
to $20,000,000 of the funds appropriated by this paragraph may
be transferred to and merged with funds appropriated under the
heading ``Andean Counterdrug Initiative'' for aircraft,
training, and other assistance for the Colombian Armed Forces:
Provided further, That, except for Israel and Jordan, funds
appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations,
except that notifications shall be transmitted at least 5 days
in advance of the commitment of funds: Provided further, That
such notification shall be in the form of a report (in
classified or unclassified form) which contains each country
receiving assistance from funds aggregated under this heading,
other than Israel and Jordan, the amount of assistance to be
provided and a description of the equipment and other
assistance being financed from such funds.
Peacekeeping Operations
For an additional amount for ``Peacekeeping Operations'',
$100,000,000, to remain available until September 30, 2004.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1501. Any appropriation made available in this chapter
under the headings ``International Disaster Assistance'',
``United States Emergency Refugee and Migration Assistance
Fund'', ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'', ``Peacekeeping Operations'', or ``Iraq
Relief and Reconstruction Fund'' may be transferred between
such appropriations for use for any of the purposes for which
the funds in such receiving account may be used: Provided, That
the total amount transferred from funds appropriated under
these headings shall not exceed $100,000,000: Provided further,
That the Secretary of State shall consult with the Committees
on Appropriations prior to exercising the authority contained
in this section: 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, except that notification shall be transmitted
at least 5 days in advance of the obligations of funds.
Sec. 1502. Assistance or other financing under this chapter
may be provided for Iraq notwithstanding any other provision of
law: Provided, That the authority contained in this section
shall not apply to section 553 of Public Law 108-7: Provided
further, That funds made available for Iraq pursuant to this
authority shall be subject to the regular reprogramming
procedures of the Committees on Appropriations and section 634A
of the Foreign Assistance Act of 1961, except that notification
shall be transmitted at least 5 days in advance of obligation:
Provided further, That the notification requirements of this
section 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
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.
Sec. 1503. The President may suspend the application of any
provision of the Iraq Sanctions Act of 1990: Provided, That
nothing in this section shall affect the applicability of the
Iran-Iraq Arms Non-Proliferation Act of 1992 (Public Law 102-
484), except that such Act shall not apply to humanitarian
assistance and supplies: Provided further, That the President
may make inapplicable with respect to Iraq section 620A of the
Foreign Assistance Act of 1961 or any other provision of law
that applies to countries that have supported terrorism:
Provided further, That military equipment, as defined by title
XVI, section 1608(1)(A) of Public Law 102-484, shall not be
exported under the authority of this section: Provided further,
That section 307 of the Foreign Assistance Act of 1961 shall
not apply with respect to programs of international
organizations for Iraq: Provided further, That provisions of
law that direct the United States Government to vote against or
oppose loans or other uses of funds, including for financial or
technical assistance, in international financial institutions
for Iraq shall not be construed as applying to Iraq: Provided
further, That the President shall submit a notification 5 days
prior to exercising any of the authorities described in this
section to the Committee on Appropriations of each House of the
Congress, the Committee on Foreign Relations of the Senate, and
the Committee on International Relations of the House of
Representatives: Provided further, That not more than 60 days
after enactment of this Act and every 90 days thereafter the
President shall submit a report to the Committee on
Appropriations of each House of the Congress, the Committee on
Foreign Relations of the Senate, and the Committee on
International Relations of the House of Representatives
containing a summary of all licenses approved for export to
Iraq of any item on the Commerce Control List contained in the
Export Administration Regulations, 15 CFR Part 774, Supplement
1, including identification of end users of such items:
Provided further, That the authorities contained in this
section shall expire on September 30, 2004, or on the date of
enactment of a subsequent Act authorizing assistance for Iraq
and that specifically amends, repeals or otherwise makes
inapplicable the authorities of this section, whichever occurs
first.
Sec. 1504. Notwithstanding any other provision of law, the
President may authorize the export to Iraq of any nonlethal
military equipment controlled under the International
Trafficking in Arms Regulations on the United States Munitions
List established pursuant to section 38 of the Arms Export
Control Act (22 U.S.C. 2778), if the President determines and
notifies within 5 days prior to export the Committee on
Appropriations of each House of the Congress, the Committee on
Foreign Relations of the Senate, and the Committee on
International Relations of the House of Representatives that
the export of such nonlethal military equipment is in the
national interest of the United States: Provided, That the
limitation regarding nonlethal military equipment shall not
apply to military equipment designated by the Secretary of
State for use by a reconstituted (or interim) Iraqi military or
police force: Provided further, That the authorities contained
in this section shall expire on September 30, 2004, or on the
date of enactment of a subsequent Act authorizing assistance
for Iraq and that specifically amends, repeals or otherwise
makes inapplicable the authorities of this section, whichever
occurs first.
Sec. 1505. Division E of Public Law 108-7, under the
heading ``Assistance for the Independent States of the Former
Soviet Union'', is amended in subsection (f) by: (1) striking
``assistance for the Government'' and inserting ``assistance
for the central Government''; and (2) striking ``unless'' and
inserting ``if''; and striking ``not facilitated'' and
inserting ``facilitated''.
SEC. 1506.\2\ REPORTS ON UNITED STATES STRATEGY FOR RELIEF AND
RECONSTRUCTION IN IRAQ.
(a) Initial Report.--Not later than 45 days after the date
of enactment of this Act, the President shall submit to the
Committees on Appropriations a report on the United States
strategy regarding activities related to post-conflict
security, humanitarian assistance, governance, and
reconstruction in Iraq that are undertaken as a result of
Operation Iraqi Freedom. The report shall include the
following:
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\2\ 22 U.S.C. 2151 note.
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(1) The distribution of duties and responsibilities
regarding such activities among agencies of the United
States Government, including the Department of State,
the United States Agency for International Development,
and the Department of Defense (to be provided within 30
days of enactment of this Act).
(2) A detailed plan describing the roles and
responsibilities of foreign governments and
international organizations including the United
Nations, in carrying out activities related to post-
conflict security, humanitarian assistance, governance,
and reconstruction in Iraq.
(3) A strategy for coordinating such activities among
the United States Government, foreign governments and
international organizations, including the United
Nations.
(4) An initial estimate of the costs expected to be
associated with such activities.
(5) A strategy for distributing the responsibility
for paying costs associated with reconstruction
activities in Iraq among the United States, foreign
governments, and international organizations, including
the United Nations, and an estimate of the revenue
expected to be generated by Iraqi oil production that
could be used to pay such costs.
(b) Subsequent Reports.--Not later than 90 days after the
date of enactment of this Act, and every 90 days thereafter
until September 30, 2004, the President shall submit to the
Committees on Appropriations a report that contains:
(1) A list of significant United States Government-
funded activities related to reconstruction in Iraq
that, during the 90-day period ending 15 days prior to
the date the report is submitted to the Committees on
Appropriations--
(A) were initiated; or
(B) were completed.
(2) A list of the significant activities related to
reconstruction in Iraq that the President anticipates
initiating during the 90-day period beginning on the
date the report is submitted to the Committees on
Appropriations, including:
(A) Cost estimates for carrying out the
proposed activities.
(B) The source of the funds that will be used
to pay such costs.
(3) Updated strategies, if changes are proposed
regarding matters included in the reports required
under subsection (a).
(4) An updated list of the financial pledges and
contributions made by foreign governments or
international organizations to fund activities related
to humanitarian, governance, and reconstruction
assistance in Iraq.
* * * * * * *
TITLE VI--GENERAL PROVISIONS--THIS ACT
Sec. 6001. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
This Act may be cited as the ``Emergency Wartime
Supplemental Appropriations Act, 2003''.
c. Continuing Appropriations for FY 2003
Partial text of Public Law 107-229 [H.J. Res. 111], 116 Stat. 1465,
approved September 30, 2002; amended by Public Law 107-235 [H.J. Res.
112], 116 Stat. 1482, approved October 4, 2002; Public Law 107-240
[H.J. Res. 122], 116 Stat. 1492, approved October 11, 2002; Public Law
107-244 [H.J. Res. 123], 116 Stat. 1503, approved October 18, 2002;
Public Law 108-2 [H.J. Res. 1], 117 Stat. 5, approved January 10, 2003;
Public Law 108-4 [H.J. Res. 13], 117 Stat. 8, approved January 31,
2003, and Public Law 108-5 [H.J. Res. 18], 117 Stat. 9, approved
February 7, 2003
JOINT RESOLUTION Making continuing appropriations for the fiscal year
2003, 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 fiscal year 2003, and
for other purposes, namely:
Sec. 101. Such amounts as may be necessary under the
authority and conditions provided in the applicable
appropriations Act for fiscal year 2002 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 fiscal year 2002, at
a rate for operations not exceeding the current rate, and for
which appropriations, funds, or other authority was made
available in the following appropriations Acts:
(1) the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations
Act, 2002;
(2) the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act,
2002, notwithstanding \1\ section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1));
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\1\ Sec. 2 of Public Law 107-240 (116 Stat. 1492) struck out
``section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and'' after ``notwithstanding''.
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(3) the Department of Defense Appropriations Act,
2002, notwithstanding section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 414(a)(1));
(4) the District of Columbia Appropriations Act,
2002;
(5) the Energy and Water Development Appropriations
Act, 2002, notwithstanding section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1));
(6) the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002,
notwithstanding section 10 of Public Law 91-672 and
section 15 of the State Department Basic Authorities
Act of 1956;
(7) the Department of the Interior and Related
Agencies Appropriations Act, 2002;
(8) the Departments of Labor, Health and Human
Services, and Education, and Related Agencies
Appropriations Act, 2002;
(9) the Legislative Branch Appropriations Act, 2002;
(10) the Military Construction Appropriations Act,
2002;
(11) the Department of Transportation and Related
Agencies Appropriations Act, 2002;
(12) the Treasury and General Government
Appropriations Act, 2002; and
(13) the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies
Appropriations Act, 2002.
Sec. 102. No appropriation or funds made available or
authority granted pursuant to section 101 for the Department of
Defense shall be used for new production of items not funded
for production in fiscal year 2002 or prior years, for the
increase in production rates above those sustained with fiscal
year 2002 funds, or to initiate, resume, or continue any
project, activity, operation, or organization which are defined
as any project, subproject, activity, budget activity, program
element, and subprogram within a program element and for
investment items are further defined as a P-1 line item in a
budget activity within an appropriation account and an R-1 line
item which includes a program element and subprogram element
within an appropriation account, for which appropriations,
funds, or other authority were not available during fiscal year
2002: Provided, That no appropriation or funds made available
or authority granted pursuant to section 101 for the Department
of Defense shall be used to initiate multi-year procurements
utilizing advance procurement funding for economic order
quantity procurement unless specifically appropriated later.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner which would be
provided by the pertinent appropriations Act.
Sec. 104. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during fiscal year 2002.
Sec. 105. (a) For purposes of section 101, the term ``rate
for operations not exceeding the current rate''--
(1) has the meaning given such term (including
supplemental appropriations and rescissions) in the
attachment to Office of Management and Budget Bulletin
No. 01-10 entitled ``Apportionment of the Continuing
Resolution(s) for Fiscal Year 2002'' and dated
September 27, 2001, applied by substituting ``FY 2002''
for ``FY 2001'' each place it appears; but
(2) does not include any unobligated balance of funds
appropriated in Public Law 107-38 and carried forward
to fiscal year 2002, other than funds transferred by
division B of Public Law 107-117.
(b) The appropriations Acts listed in section 101 shall be
deemed to include supplemental appropriation laws enacted
during fiscal year 2002.
Sec. 106. 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. 107. 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) February 20, 2003,\2\ whichever first occurs.
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\2\ Public Law 107-235 (116 Stat. 1482) struck out ``October 4,
2002'' and inserted in lieu thereof ``October 11, 2002''. This was
subsequently extended to October 18, 2002, by Public Law 107-240 (116
Stat. 1492); to November 22, 2002, by Public Law 107-244 (116 Stat.
1503); to January 11, 2003, by Public Law 107-294 (116 Stat. 2062); to
January 31, 2003, by Public Law 108-2 (117 Stat. 5); to February 7,
2003, by Public Law 108-4 (117 Stat. 8); and to February 20, 2003, by
Public Law 108-5 (117 Stat. 9). The Consolidated Appropriations
Resolution, 2003 (Public Law 108-7; 117 Stat. 11), approved February
20, 2003, provided appropriations for FY 2003.
---------------------------------------------------------------------------
Sec. 108. Expenditures made pursuant to this joint
resolution shall be charged to the applicable appropriation,
fund, or authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 109. 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. Notwithstanding any other provision of this joint
resolution, except section 107, for those programs that had
high initial rates of operation or complete distribution of
fiscal year 2002 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 2003 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. 111. This joint resolution shall be implemented so
that only the most limited funding action of that permitted in
the joint resolution shall be taken in order to provide for
continuation of projects and activities.
Sec. 112. For the Overseas Private Investment Corporation
Program account, for the cost of direct and guaranteed loans,
at an annual rate not to exceed $19,000,000, to be derived by
transfer from the Overseas Private Investment Corporation non-
credit account, subject to section 107(c).
* * * * * * *
Sec. 128.\3\ Notwithstanding any other provision of this
joint resolution, during fiscal year 2003, direct loans under
section 23 of the Arms Export Control Act may be made available
for Poland, gross obligations for the principal amounts of
which shall not exceed $3,800,000,000: Provided, That such
loans shall be repaid in not more than 15 years, including a
grace period of up to 8 years on repayment of principal:
Provided further, That no funds are available for the subsidy
costs of these loans: Provided further, That the Government of
Poland shall pay the full cost, as defined in section 502 of
the Federal Credit Reform Act of 1990, as amended, associated
with the loans, including the cost of any defaults: Provided
further, That any fees associated with these loans shall be
paid by the Government of Poland prior to any disbursement of
loan proceeds: Provided further, That no funds made available
to Poland under this joint resolution or any other Act may be
used for payment of any fees associated with these loans.
---------------------------------------------------------------------------
\3\ Sec. 5 of Public Law 107-240 (116 Stat. 1492) added secs. 120
through 137.
---------------------------------------------------------------------------
Sec. 129.\4\ Notwithstanding section 1(c) of Public Law
103-428, as amended, sections 1(a) and (b) of Public Law 103-
428 shall remain in effect until the date specified in section
107(c).
---------------------------------------------------------------------------
\4\ 12 U.S.C. 635 note.
---------------------------------------------------------------------------
Sec. 133.\3\ (a) Each specified department or agency shall,
by December 6, 2002, submit directly to the Committees on
Appropriations a report containing an evaluation of the effect
on the specified management areas of operating through
September 30, 2003, under joint resolutions making continuing
appropriations for fiscal year 2003 that fund programs and
activities at not exceeding the current rate of operations.
(b) For purposes of subsection (a):
(1) The term ``specified department or agency'' means
a department or agency identified on page 49 or 50 of
the Budget of the United States Government, Fiscal Year
2003 (H. Doc. 107-159, Vol. I), except for the
Department of Defense.
(2) The term ``specified management areas'' means the
following management priorities described in the
President's Management Agenda (August 2001): strategic
management of human capital, competitive sourcing,
improved financial performance, expanded electronic
government, and budget and performance integration.
Sec. 134.\3\ (a) The Director of the Office of Management
and Budget shall submit to the Committees on Appropriations a
monthly report on all departmental and agency obligations made
since the beginning of fiscal year 2003 while operating under
joint resolutions making continuing appropriations for such
fiscal year.
(b) Each report required by subsection (a) shall set forth
obligations by account, and shall contain a comparison of such
obligations to the obligations incurred during the same period
for fiscal year 2002.
(c) Reports shall be submitted under subsection (a)
beginning 1 month after the enactment of this section, and
ending 1 month after the expiration of the period covered by
the final joint resolution making continuing appropriations for
fiscal year 2003.
(d)(1) Each report required by subsection (a) shall include
a list of all executive branch accounts for which departments
and agencies are operating under apportionments that provide
for a rate of operations that is lower than the current rate,
within the meaning of sections 101 and 105. For each such
account, the report shall include an estimate of the current
rate for the period covered by this joint resolution and the
estimate of obligations during such period.
(2) By December 6, 2002, the Comptroller General shall
submit to the Committees on Appropriations a report identifying
executive branch accounts for which apportionments made from
funds appropriated or authority granted by this joint
resolution provide for a rate of operations that differs from
the current rate, within the meaning of sections 101 and 105.
Sec. 135. Appropriations made by this joint resolution are
hereby reduced, at an annual rate, by the amounts specified and
in the accounts identified for one-time, non-recurring projects
and activities in Attachment C of Office of Management and
Budget Bulletin No. 02-06, Supplement No. 1, dated October 4,
2002.
* * * * * * *
d. 2002 Supplemental Appropriations Act for Further Recovery From and
Response To Terrorist Attacks on the United States
Partial text of Public Law 107-206 [H.R. 4775], 116 Stat. 820, approved
August 2, 2002
AN ACT Making supplemental appropriations for further recovery from and
response to terrorist attacks on the United States for the fiscal year
ending September 30, 2002, 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, 2002, and for other purposes, namely:
TITLE I--SUPPLEMENTAL APPROPRIATIONS
* * * * * * *
CHAPTER 2
* * * * * * *
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For an additional amount for ``Diplomatic and Consular
Programs'', for emergency expenses for activities related to
combating international terrorism, $47,450,000, to remain
available until September 30, 2003: 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.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For an additional amount for ``Educational and Cultural
Exchange Programs'', for emergency expenses for activities
related to combating international terrorism, $15,000,000, 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 $5,000,000 shall be available only to
the extent an official budget request that includes designation
of the $5,000,000 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.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', for emergency expenses for
activities related to combating international terrorism,
$210,516,000, 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 $10,000,000 shall be available
only to the extent an official budget request that includes
designation of the $10,000,000 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.
International Organizations and Conferences
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ``Contributions to
International Organizations'', for emergency expenses for
activities related to combating international terrorism,
$7,000,000, to remain available until September 30, 2003:
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.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for ``Contributions for
International Peacekeeping Activities'' to make United States
peacekeeping payments to the United Nations at a time of
multilateral cooperation in the war on terrorism, $23,034,000:
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.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ``International Broadcasting
Operations'', for emergency expenses for activities related to
combating international terrorism, $7,400,000, to remain
available until September 30, 2003: Provided, That funds
appropriated by this paragraph shall be available
notwithstanding sections 308(c) and 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995:
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.
BROADCASTING CAPITAL IMPROVEMENTS
For an additional amount for ``Broadcasting Capital
Improvements'' for emergency expenses for activities related to
combating international terrorism, $7,700,000, to remain
available until expended: Provided, That funds appropriated by
this paragraph shall be available notwithstanding section 313
of the Foreign Relations Authorization Act, Fiscal Years 1994
and 1995.
* * * * * * *
GENERAL PROVISIONS--THIS CHAPTER
Sec. 201. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of State may
be obligated and expended notwithstanding section 15 of the
State Department Basic Authorities Act of 1956, as amended.
* * * * * * *
Sec. 207. The American Section, International Joint
Commission, United States and Canada, is authorized to receive
funds from the United States Army Corps of Engineers for the
purposes of conducting investigations, undertaking studies, and
preparing reports in connection with a reference to the
International Joint Commission on the Devils Lake project
mentioned in Public Law 106-377.
* * * * * * *
CHAPTER 3
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
* * * * * * *
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $721,975,000, to remain available for
obligation until September 30, 2003, of which $390,000,000 may
be used, notwithstanding any other provision of law, for
payments to reimburse Pakistan, Jordan, and other key
cooperating nations for logistical and military support
provided to United States military operations in connection
with the Global War on Terrorism: Provided, That such payments
may be made in such amounts as the Secretary may determine in
his discretion, based on documentation determined by the
Secretary to adequately account for the support provided, in
consultation with the Director of the Office of Management and
Budget and 15 days following notification to the appropriate
Congressional committees: Provided further, That such
determination shall be final and conclusive upon the accounting
officers of the United States: Provided further, That amounts
for such payments shall be in addition to any other funds that
may be available for such purpose: 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.
Defense Emergency Response Fund
(including transfer of funds)
For an additional amount for the ``Defense Emergency
Response Fund'', $11,901,900,000, to remain available for
obligation until September 30, 2003, of which $77,900,000 shall
be available for enhancements to North American Air Defense
Command capabilities: Provided, That the Secretary of Defense
may transfer the funds provided herein only to appropriations
for military personnel; operation and maintenance; procurement;
research, development, test and evaluation; the Defense Health
Program; Overseas Humanitarian, Disaster, and Civic Aid; and
working capital funds: Provided further, That notwithstanding
the preceding proviso, $120,000,000 of the funds provided in
this paragraph are available for transfer to any other
appropriations accounts of the Department of Defense, for
certain classified activities, and notwithstanding any other
provision of law and of this Act, such funds may be obligated
to carry out projects not otherwise authorized by law: Provided
further, That any funds transferred shall be merged with and
shall be available for the same purposes and for the same time
period as the appropriation to which transferred: Provided
further, That the transfer authority provided in this paragraph
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That during the current fiscal
year, upon a determination by the Secretary of Defense that
funds previously made available to the ``Defense Emergency
Response Fund'' are required to meet other essential
operational or readiness requirements of the military services,
the Secretary may transfer up to $275,000,000 of funds so
required to the appropriate funds or appropriations of the
Department of Defense, 15 days after notification to the
congressional defense committees: 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 $601,900,000 shall be available only to
the extent that an official budget request that includes
designation of $601,900,000 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. 302. During the current fiscal year, the restrictions
contained in subsection (d) of 22 U.S.C. 5952 and section 502
of the Freedom Support Act (Public Law 102-511) 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 restrictions is important to the
national security interests of the United States.
Sec. 303. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414): Provided, That any funds
appropriated or transferred to the Central Intelligence Agency
for agent operations or covert action programs authorized by
the President under section 503 of the National Security Act of
1947, as amended, shall remain available until September 30,
2003.
* * * * * * *
Sec. 305. (a)(1) In fiscal year 2002, funds available to
the Department of Defense for assistance to the Government of
Colombia shall be available to support a unified campaign
against narcotics trafficking, against activities by
organizations designated as terrorist organizations such as the
Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ELN), and the United Self-Defense Forces of
Colombia (AUC), and to take actions to protect human health and
welfare in emergency circumstances, including undertaking
rescue operations.
(2) The provision shall also apply to unexpired balances
and assistance previously provided from prior years' Acts
available for purposes identified in subsection (a)(1).
(3) The authority in this section is in addition to
authorities currently available to provide assistance to
Colombia.
(b) The authorities provided in subsection (a) shall not be
exercised until the Secretary of Defense certifies to the
Congress that the provisions of section 601(b) of this Act have
been complied with.
(c) Sections 556, 567, and 568 of Public Law 107-115,
section 8093 of the Department of Defense Appropriations Act,
2002, and the numerical limitations on the number of United
States military personnel and United States individual civilian
contractors in section 3204(b)(1) of Public Law 106-246, as
amended, shall be applicable to funds made available pursuant
to the authority contained in subsection (a).
(d) No United States Armed Forces personnel or United
States civilian contractor employed by the United States will
participate in any combat operation in connection with
assistance made available under this chapter, except for the
purpose of acting in self defense or rescuing any United States
citizen to include United States Armed Forces personnel, United
States civilian employees, and civilian contractors employed by
the United States.
* * * * * * *
CHAPTER 6
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
For an additional amount for ``Child Survival and Health
Programs Fund'' for emergency expenses for activities related
to combating HIV/AIDS, tuberculosis, and malaria, $200,000,000,
to remain available until June 30, 2003: Provided, That such
activities should include maternal health and related
assistance in communities heavily impacted by HIV/AIDS:
Provided further, That additional assistance should be provided
to prevent transmission of HIV/AIDS from mother to child:
Provided further, That of the funds appropriated under this
heading in this Act, not less than $100,000,000 should be made
available for a further United States contribution to the
Global Fund to Fight AIDS, Tuberculosis, and Malaria: Provided
further, That the cumulative amount of United States
contributions to the Global Fund may not exceed the total
resources provided by other donors and available for use by the
Global Fund as of December 31, 2002: Provided further, That of
the funds appropriated under this heading, up to $6,000,000 may
be transferred to and merged with funds appropriated by this
Act under the heading ``Operating Expenses of the United States
Agency for International Development'' for costs directly
related to international health: Provided further, That funds
appropriated by this paragraph shall be apportioned to the
United States Agency for International Development, and the
authority of sections 632(a) or 632(b) of the Foreign
Assistance Act of 1961, or any similar provision of law, may
not be used to transfer or allocate any part of such funds to
any agency of the United States Government: 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 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: Provided further,
That the funds appropriated under this heading shall be subject
to the regular notification procedures of the Committees on
Appropriations.
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ``International Disaster
Assistance'' for emergency expenses for activities related to
combating international terrorism, including repairing homes of
Afghan citizens that were damaged as a result of military
operations, $134,000,000, to remain available until September
30, 2003.
In addition, for an additional amount for ``International
Disaster Assistance'' for assistance for the West Bank and
Gaza, $50,000,000, to remain available until September 30,
2003: Provided, That none of the funds appropriated by this Act
may be obligated or expended with respect to providing funds to
the Palestinian Authority: Provided further, That the entire
amount provided under this heading in this Act 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
$144,000,000 shall be available only to the extent an official
budget request, that includes designation of $144,000,000,
including $50,000,000 for the West Bank and Gaza, 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 UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
For an additional amount for ``Operating Expenses of the
United States Agency for International Development'' for
emergency expenses for activities related to combating
international terrorism, $7,000,000, to remain available until
September 30, 2003: 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.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
For an additional amount for ``Economic Support Fund'' for
emergency expenses for activities related to combating
international terrorism, $665,000,000, to remain available
until June 30, 2003: Provided, That of the funds appropriated
by this paragraph that are made available for assistance for
Pakistan, $1,000,000 should be made available for programs and
activities which support the development of independent media
in Pakistan: Provided further, That of the funds appropriated
by this paragraph, $10,000,000 should be made available for the
establishment of a pilot academic year international youth
exchange program for secondary school students from countries
with significant Muslim populations: Provided further, That
funds made available pursuant to the previous proviso shall not
be available for a country in which a similar academic year
youth exchange program is currently funded by the United
States: Provided further, That of the funds appropriated by
this paragraph, $200,000,000 shall be made available for
assistance for Israel, all or a portion of which may be
transferred to, and merged with, funds appropriated by this Act
under the heading ``nonproliferation, anti-terrorism, demining
and related programs'' for defensive, non-lethal anti-terrorism
assistance in accordance with the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961: 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 $200,000,000 shall be
available only to the extent an official budget request, that
includes designation of $200,000,000 for Israel 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: Provided further, That funds
appropriated under this heading, and funds appropriated under
this heading in prior Acts that are made available for the
purposes of this paragraph, may be made available
notwithstanding section 512 of Public Law 107-115 or any
similar provision of law: Provided further, That the Secretary
of State shall inform the Committees on Appropriations at least
15 days prior to the obligation of funds appropriated by this
paragraph.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
For an additional amount for ``Assistance for the
Independent States of the Former Soviet Union'' for emergency
expenses for activities related to combating international
terrorism, $110,000,000, to remain available until June 30,
2003: 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
Secretary of State shall inform the Committees on
Appropriations at least 15 days prior to the obligation of
funds appropriated by this paragraph.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ``International Narcotics
Control and Law Enforcement'' for emergency expenses for
activities related to combating international terrorism,
$117,000,000, to remain available until September 30, 2003:
Provided, That funds appropriated under this heading should be
made available to train and equip a Colombian Armed Forces unit
dedicated to apprehending the leaders of paramilitary
organizations: Provided further, That of the funds appropriated
by this paragraph, not to exceed $6,000,000 may be made
available for assistance for the Colombian Armed Forces for
purposes of protecting the Cano Limon pipeline: Provided
further, That prior to the obligation of funds under the
previous proviso, the Secretary of State shall submit a report
to the Committees on Appropriations describing: (1) the
estimated oil revenues collected by the Government of Colombia
from the Cano Limon pipeline for the preceding 12 months; (2)
the amounts expended during such period by the Government of
Colombia and private companies owning a financial interest in
the pipeline for primary health care, basic education, micro-
enterprise and other programs and activities to improve the
lives of the people of Arauca department; (3) steps that are
being taken to increase and expand support for these programs
and activities; and (4) mechanisms that are being established
to adequately monitor such funds: Provided further, That of the
funds appropriated by this paragraph, not to exceed $4,000,000
should be made available for law enforcement training for
Indonesian police forces: Provided further, That the Secretary
of State shall inform the Committees on Appropriations at least
15 days prior to the obligation of funds appropriated by this
paragraph: 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
$3,000,000 shall be available only to the extent an official
budget request, that includes designation of $3,000,000 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.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ``Migration and Refugee
Assistance'' for emergency expenses for activities related to
combating international terrorism, $40,000,000, to remain
available until June 30, 2003: 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 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 of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended, is transmitted by the President to the
Congress.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'' for emergency
expenses for activities related to combating international
terrorism, $88,000,000, to remain available until September 30,
2003: Provided, That of the funds appropriated by this
paragraph, not to exceed $12,000,000 should be made available
for assistance for Indonesia: Provided further, That of the
funds appropriated by this paragraph, up to $1,000,000 may be
made available for small arms and light weapons destruction in
Afghanistan: Provided further, That of the funds appropriated
by this paragraph, up to $1,000,000 may be made available for
the Nonproliferation and Disarmament Fund: 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 $5,000,000 shall be available
only to the extent an official budget request, that includes
designation of $5,000,000 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: Provided further, That funds appropriated by this
paragraph shall be subject to the regular notification
procedures of the Committees on Appropriations.
MILITARY ASSISTANCE
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ``Foreign Military Financing
Program'' for emergency expenses for activities related to
combating international terrorism, $387,000,000, to remain
available until June 30, 2003: Provided, That funds made
available by this Act for assistance for the Government of
Uzbekistan may be made available if the Secretary of State
determines and reports to the Committees on Appropriations that
the Government of Uzbekistan is making substantial and
continuing progress in meeting its commitments under the
``Declaration on the Strategic Partnership and Cooperation
Framework Between the Republic of Uzbekistan and the United
States of America'': 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 $30,000,000 shall be available only to the extent
an official budget request, that includes designation of
$30,000,000 for the Philippines 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: Provided further, That the Secretary of State shall
inform the Committees on Appropriations at least 15 days prior
to the obligation of funds appropriated by this paragraph:
Provided further, That funds appropriated under this heading,
and funds appropriated under this heading in prior Acts that
are made available for the purposes of this paragraph, may be
made available notwithstanding section 512 of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2002 or any similar provision of law:
Provided further, That not to exceed $2,000,000 of the funds
appropriated in this paragraph may be obligated for necessary
expenses, including the purchase of passenger motor vehicles
for use outside of the United States, for the general cost of
administering military assistance and sales.
PEACEKEEPING OPERATIONS
For an additional amount for ``Peacekeeping Operations''
for emergency expenses for activities related to combating
international terrorism, $20,000,000, to remain available until
June 30, 2003: 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 funds
appropriated by this paragraph shall be available only for
Afghanistan, and may be made available notwithstanding section
512 of Public Law 107-115 or any similar provision of law.
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
(rescission)
Of the funds appropriated under the heading ``Export-Import
Bank of the United States'' that are available for tied-aid
grants in title I of Public Law 107-115 and under such heading
in prior Acts making appropriations for foreign operations,
export financing, and related programs, $50,000,000 are
rescinded.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
(rescission)
Of the funds appropriated to carry out the provisions of
parts I and II of the Foreign Assistance Act of 1961, the
Support for East European Democracy (SEED) Act of 1989, and the
FREEDOM Support Act, in title II of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2000
(as contained in Public Law 106-113) and in prior Acts making
appropriations for foreign operations, export financing, and
related programs, $60,000,000 are rescinded: Provided, That not
more than a total of $25,000,000 may be rescinded from funds
appropriated under the heading ``Development Assistance'' in
said Acts: Provided further, That no rescission may be made
from funds appropriated to carry out the provisions of section
104(c) of the Foreign Assistance Act of 1961.
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL FINANCIAL INSTITUTIONS
(rescission)
The unobligated balances of funds provided in Public Law
92-301 and Public Law 93-142 for maintenance of value payments
to international financial institutions are rescinded.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 601. (a) Counter-Terrorism Authority.--
(1) In fiscal year 2002, funds available to the
Department of State for assistance to the Government of
Colombia shall be available to support a unified
campaign against narcotics trafficking, against
activities by organizations designated as terrorist
organizations such as the Revolutionary Armed Forces of
Colombia (FARC), the National Liberation Army (ELN),
and the United Self-Defense Forces of Colombia (AUC),
and to take actions to protect human health and welfare
in emergency circumstances, including undertaking
rescue operations.
(2) This provision shall also apply to unexpired
balances and assistance previously provided from prior
years' Acts available for the purposes identified in
paragraph (1).
(3) The authority in this section is in addition to
authorities currently available to provide assistance
to Colombia.
(b) In order to ensure effectiveness of United States
support for such a unified campaign, prior to the exercise of
the authority contained in subsection (a), the Secretary of
State shall report to the Committees on Appropriations that--
(1) the newly elected President of Colombia has--
(A) committed, in writing, to establish
comprehensive policies to combat illicit drug
cultivation, manufacturing, and trafficking
(particularly with respect to providing
economic opportunities that offer viable
alternatives to illicit crops) and to restore
government authority and respect for human
rights in areas under the effective control of
paramilitary and guerrilla organizations;
(B) committed, in writing, to implement
significant budgetary and personnel reforms of
the Colombian Armed Forces; and
(C) committed, in writing, to support
substantial additional Colombian financial and
other resources to implement such policies and
reforms, particularly to meet the country's
previous commitments under ``Plan Colombia'';
and
(2) no United States Armed Forces personnel or United
States civilian contractor employed by the United
States will participate in any combat operation in
connection with assistance made available for Colombia
under this chapter.
(c) The authority provided in subsection (a) shall cease to
be effective if the Secretary of State has credible evidence
that the Colombian Armed Forces are not conducting vigorous
operations to restore government authority and respect for
human rights in areas under the effective control of
paramilitary and guerrilla organizations.
(d) Sections 556, 567, and 568 of Public Law 107-115,
section 8093 of the Department of Defense Appropriations Act,
2002, and the numerical limitations on the number of United
States military personnel and United States individual civilian
contractors in section 3204(b)(1) of Public Law 106-246, as
amended, shall be applicable to funds made available pursuant
to the authority contained in subsection (a).
DONATED SHIPMENT OF HUMANITARIAN ASSISTANCE OVERSEAS
Sec. 602. During fiscal year 2002, of the amounts made
available by the United States Agency for International
Development to carry out the provisions of section 123(b) of
the Foreign Assistance Act of 1961, funds may be made available
to non-governmental organizations for administrative costs
necessary to implement a program to obtain available donated
space on commercial ships for the shipment of humanitarian
assistance overseas.
REPORTS ON AFGHANISTAN SECURITY AND DELIVERY OF ASSISTANCE
Sec. 603. The President shall transmit to the Committee on
Appropriations and the Committee on International Relations of
the House of Representatives and the Committee on
Appropriations and the Committee on Foreign Relations of the
Senate two reports setting forth a strategy for meeting the
security needs of Afghanistan in order to promote safe and
effective delivery of humanitarian and other assistance
throughout Afghanistan, further the rule of law and civil
order, and support the formation of a functioning,
representative Afghan national government. The first report,
which should be transmitted no later than 30 days after
enactment of this Act, should report on the strategy for
meeting the immediate security needs of Afghanistan. The second
report, which should be transmitted no later than 90 days after
enactment of this Act, should report on a long term strategy
for meeting the security needs of Afghanistan and should
include a reassessment of the strategy to meet the immediate
security needs if they have changed substantially.
* * * * * * *
CHAPTER 14
GENERAL PROVISIONS
Sec. 1401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 1402. Notwithstanding any other provision of law, all
adjustments made pursuant to section 251(b)(1)(B) of the
Balanced Budget and Emergency Deficit Control Act of 1985 to
the highway category and to section 8103(a)(5) of the
Transportation Equity Act for the 21st Century for fiscal year
2003 shall be deemed to be zero. This section shall apply
immediately to all reports issued pursuant to section 254 of
the Balanced Budget and Emergency Deficit Control Act of 1985
for fiscal year 2003, including the discretionary sequester
preview report.
Sec. 1403. (a) Of the funds available to the agencies of
the Federal Government from prior Appropriations Acts,
$350,000,000 are hereby rescinded: Provided, That rescissions
pursuant to this subsection shall be taken only from
administrative and travel accounts: Provided further, That
rescissions shall be taken on a pro rata basis from funds
available to every Federal agency, department, and office in
the executive branch, including the Office of the President.
(b) Within 30 days after the date of the enactment of this
Act, the Director of the Office of Management and Budget shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a listing of the amounts by
account of the reductions made pursuant to the provisions of
subsection (a) of this section: Provided, That the Office of
Management and Budget shall also include with such listing an
explanation of the methodology used to identify the offices,
accounts, and amounts to be reduced.
Sec. 1404. Any amount appropriated in this Act for which
availability is made contingent by a provision of this Act on
designation by the President as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 shall not be available for obligation unless all
such contingent amounts are designated by the President, within
30 days of enactment of this Act, as such emergency
requirements.
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\1\ For text of the American Service-Members' Protection Act, see
Legislation on Foreign Relations Through 2002, vol. II.
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TITLE II--AMERICAN SERVICE-MEMBERS' PROTECTION ACT \1\
* * * * * * *
TITLE III--OTHER MATTERS
SEC. 3001. AMENDMENTS TO THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT. * *
* \2\
* * * * * * *
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\2\ For text, see Legislation on Foreign Relations Through 2002,
vol. III.
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This Act may be cited as the ``2002 Supplemental
Appropriations Act for Further Recovery From and Response To
Terrorist Attacks on the United States''.
e. Kenneth M. Ludden Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002
Public Law 107-115 [H.R. 2506], 115 Stat. 2118, approved January 10,
2002
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2002, 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, 2002, and for other purposes, namely:
* * * * * * *
TITLE II--BILATERAL ECONOMIC ASSISTANCE
* * * * * * *
Other Bilateral Economic Assistance
assistance for the independent states of the former soviet union
(a)-(f) * * *
(g)(1) Section 907 of the FREEDOM Support Act shall not
apply to--
(A) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 \1\ or non-proliferation
assistance;
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\1\ 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 2002, vol. II,
sec. F.
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(B) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(C) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(D) 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.);
(E) any financing provided under the Export-Import
Bank Act of 1945; or
(F) humanitarian assistance.
(2) \2\ The President may waive section 907 of the FREEDOM
Support Act if he determines and certifies to the Committees on
Appropriations that to do so--
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\2\ 22 U.S.C. 5812 note.
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(A) is necessary to support United States efforts to
counter international terrorism; or
(B) is necessary to support the operational readiness
of United States Armed Forces or coalition partners to
counter international terrorism; or
(C) is important to Azerbaijan's border security; and
(D) will not undermine or hamper ongoing efforts to
negotiate a peaceful settlement between Armenia and
Azerbaijan or be used for offensive purposes against
Armenia.
(3) \2\ The authority of paragraph (2) may only be
exercised through December 31, 2002.
(4) \2\ The President may extend the waiver authority
provided in paragraph (2) on an annual basis on or after
December 31, 2002 if he determines and certifies to the
Committees on Appropriations in accordance with the provisions
of paragraph (2).
(5) \2\ The Committees on Appropriations shall be consulted
prior to the provision of any assistance made available
pursuant to paragraph (2).
(6) \2\ Within 60 days of any exercise of the authority
under paragraph (2) the President shall send a report to the
appropriate congressional committees specifying in detail the
following--
(A) the nature and quantity of all training and
assistance provided to the Government of Azerbaijan
pursuant to paragraph (2);
(B) the status of the military balance between
Azerbaijan and Armenia and the impact of United States
assistance on that balance; and
(C) the status of negotiations for a peaceful
settlement between Armenia and Azerbaijan and the
impact of United States assistance on those
negotiations.
* * * * * * *
KENNETH M. LUDDEN
Sec. 592. This Act may be cited as the Kenneth M. Ludden
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 2002.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002''.
f. 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; amended by Public Law 107-115 [Kenneth M. Ludden
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002; H.R. 2506], 115 Stat. 2118, approved January
10, 2002
AN ACT Making appropriations for foreign operations, export financing,
and related programs 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 101.\1\ (a) The provisions of H.R. 5526 of the
106th Congress, as introduced on October 24, 2000, are hereby
enacted into law.
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\1\ 22 U.S.C. 2151u note.
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(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 V--GENERAL PROVISIONS
* * * * * * *
INDOCHINESE PAROLEES
Sec. 586.\2\ (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--
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\2\ 8 U.S.C. 1255 note.
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(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 \3\ 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.
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\3\ As enrolled. Should read ``notwithstanding''.
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(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.
* * * * * * *
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-- \4\
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\4\ For amended text, see Legislation on Foreign Relations Through
2000, vol. III.
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(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, $600,000,000 \5\ for purposes of
United States contributions to the Heavily Indebted
Poor Countries (HIPC) Trust Fund administered by the
Bank.
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\5\ Sec. 583 of the Kenneth M. Ludden Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2002 (Public Law
107-115; 115 Stat. 2118), struck out ``$435,000,000'' and inserted in
lieu thereof ``$600,000,000''.
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(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.\6\ 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.
---------------------------------------------------------------------------
\6\ 22 U.S.C. 262r-6.
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(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-- \7\
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\7\ For amended text, see Legislation on Foreign Relations Through
2000, vol. III.
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(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.\8\ 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:
---------------------------------------------------------------------------
\8\ 22 U.S.C. 286oo. Incorporated into the Bretton Woods Agreement
Act; see Legislation on Foreign Relations Through 2000, vol. III.
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``(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.\9\ DEFINITIONS.
In this title:
---------------------------------------------------------------------------
\9\ 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''.
g. Emergency Supplemental Act, 2000
Partial text of Public Law 106-246 [H.R. 4425], 114 Stat. 511, approved
July 13, 2000; amended by Public Law 107-115 [Kenneth M. Ludden Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2002; H.R. 2506], 115 Stat. 2118, approved January 10, 2002
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 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.\1\ Limitations on Support for Plan Colombia and
on the Assignment of United States Personnel in Colombia. (a)
Limitation on Support for Plan Colombia.--
---------------------------------------------------------------------------
\1\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public law
108-7; 117 Stat. 172), provides funding for the Andean Counterdrug
Initiative, including the following proviso:
``Provided further, That the provisions of section 3204(b) through
(d) of Public Law 106-246, as amended by Public Law 107-115, shall be
applicable to funds appropriated for fiscal year 2003:''.
---------------------------------------------------------------------------
(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 400; \2\ or
---------------------------------------------------------------------------
\2\ Title II, para. on Andean Counterdrug Inititiatve, of the
Kenneth M. Ludden Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2131)
struck out ``500'' and inserted in lieu thereof ``400''.
---------------------------------------------------------------------------
(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 400.\3\
---------------------------------------------------------------------------
\3\ Title II, para. on Andean Counterdrug Inititiatve, of the
Kenneth M. Ludden Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2131)
struck out ``300'' and inserted in lieu thereof ``400''.
---------------------------------------------------------------------------
(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).
* * * * * * *
This division may be cited as the ``Emergency Supplemental
Act, 2000''.
* * * * * * *
h. 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; Public Law 107-115 [Kenneth
M. Ludden Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002; H.R. 2506], 115 Stat. 2118, approved January
10, 2002; and by Public Law 108-7 [Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2003; H.J. Res. 2],
117 Stat. 11, approved February 20, 2003
A BILL Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2000, and
for other purposes.
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--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
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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.''.
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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--
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\1\ 5 U.S.C. 5597 note.
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(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 January
1, 2003; \2\
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\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''. Sec. 575 of the Kenneth M.
Ludden Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2168), struck
out ``December 31, 2001'' and inserted in lieu thereof ``December 31,
2002''. Sec. 571 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2003 (division E of Public Law
108-7; 117 Stat. 208), struck out ``December 31, 2002'' and inserted in
lieu thereof ``January 1, 2003''.
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(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:
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\3\ 22 U.S.C. 290f note.
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(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.
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\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''.
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(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).
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\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''.
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(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).
* * * * * * *
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2000''.
i. 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 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).
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\1\ 22 U.S.C. 2395a note.
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(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\
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\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.
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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\
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\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.
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(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.
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\7\ 22 U.S.C. 286nn note.
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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.
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\8\ 22 U.S.C. 262o-2 note.
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(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.
* * * * * * *
j. 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 III--SUPPLEMENTAL APPROPRIATIONS
* * * * * * *
CHAPTER 6
CONGRESSIONAL OPERATIONS
* * * * * * *
ADMINISTRATIVE PROVISIONS--THIS CHAPTER
* * * * * * *
Sec. 3011.\1\ Russian Leadership Program.--(a) Purpose.--It
is the purpose of this section to establish, in accordance with
the provisions of this section--
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\1\ 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 2002, vol. II.
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(1) a pilot program within the Library of Congress
for fiscal years 2000 and 2001; \2\ and
---------------------------------------------------------------------------
\2\ 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.
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(2) a permanent program within the Executive agency
designated by the President of the United States for
fiscal years 2002 \3\ and thereafter,
---------------------------------------------------------------------------
\3\ 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.
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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 \2\ 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.\2\
(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
\3\ 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) \4\ Fiscal year 2000 and subsequent fiscal
years.--
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\4\ 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.)''.
Title II of the Legislative Branch Appropriations Act, 2002 (Public
Law 107-68; 115 Stat. 591), provided:
---------------------------------------------------------------------------
``PAYMENT TO THE RUSSIAN LEADERSHIP DEVELOPMENT CENTER TRUST FUND
---------------------------------------------------------------------------
``For a payment to the Russian Leadership Development Center Trust
Fund for financing activities of the Center for Russian Leadership
Development, $8,000,000.''.
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(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,\2\ the
Library of Congress; and
(B) for fiscal year 2002,\3\ 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''.
k. 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; and by Public Law 107-228 [Foreign Relations
Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
approved September 30, 2002
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.--
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\1\ Sec. 306 of the Intelligence Authorization Act, Fiscal Year
2002 (Public Law 107-108; 115 Stat. 1399) provided the following:
---------------------------------------------------------------------------
``SEC. 306. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF THE NATIONAL
COMMISSION ON TERRORISM AND OTHER ENTITIES.
---------------------------------------------------------------------------
``(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of Central Intelligence shall
submit to the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate a report concerning whether, and to what extent, the
Intelligence Community has implemented recommendations relevant to the
Intelligence Community as set forth in the following:
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``(1) The report prepared by the National Commission on
Terrorism established by section 591 of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act,
1999 (Public Law 105-277).
``(2) The report prepared by the United States Commission on
National Security for the 21st Century, Phase III, dated
February 15, 2001.
``(3) The second annual report of the advisory panel to
assess domestic response capabilities for terrorism involving
weapons of mass destruction established pursuant to section
1405 of the National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 50 U.S.C. 2301 note).
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``(b) Recommendations Determined Not To Be Adopted.--In a case in
which the Director determines that a recommendation described in
subsection (a) has not been implemented, the report under that
subsection shall include a detailed explanation of the reasons for not
implementing that recommendation.''.
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(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''.
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* * * * * * *
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999''.
l. 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 2002,
vol. I-B.
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(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.
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\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 2002, vol. I-B.
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* * * * * * *
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:
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\4\ See related sanctions materials in Legislation on Foreign
Relations Through 2000, vol. III.
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(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.
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\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); a Notice of May 18, 1999 (64 F.R. 27443); a Notice of May 18,
2000 (65 F.R. 32005); a notice of May 15, 2001 (66 F.R. 27443); a
notice of May 16, 2002 (67 F.R. 35423); and a Notice of May 16, 2003
(68 F.R. 27425).
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(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:
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\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); a memorandum of April 12, 2001 (66
F.R. 20725); a memorandum of February 1, 2002 (67 F.R. 5923); a
memorandum of November 6, 2002 (67 F.R. 75799); Presidential
Determination No. 03-07 of December 11, 2002 (67 F.R. 77645); and a
memorandum of March 28, 2003 (68 F.R. 17529).
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(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.''.
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(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. 10005(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. 10005(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. 10005(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--
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``(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.\14\ 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:
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\14\ Sec. 1308(g)(1)(D) and (2) of the Security Assistance Act of
2002 (division B of Public Law 107-228; 116 Stat. 1441) struck out
subsec. (d); inserted ``and'' at the end of subsec. (b); and replaced
``; and'' at the end of subsec. (c) with a period. Subsec. (d) formerly
provided as follows:
``(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.''.
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(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; and
(c) steps taken to reduce the DPRK level of forces.
* * * * * * *
CIVIL LIABILITY FOR ACTS OF STATE SPONSORED TERRORISM
Sec. 589. (a) an \15\ 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).
---------------------------------------------------------------------------
\15\ As enrolled.
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(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''.\16\
---------------------------------------------------------------------------
\16\ 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 2002, 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.
m. 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\
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\2\ For text of H.Res. 80 as adopted by the House on March 1, 1995,
see Congressional Record, p. H2444-5.
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(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''.
n. 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''.
o. 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''.
p. 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 989.
---------------------------------------------------------------------------
(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 2002, 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\
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\11\ The Department of State established criteria for benefits for
hostages in Iraq, Kuwait, or Lebanon in Public Notice 1308, November
30, 1990 (55 F.R. 52837-8, 52928; 22 CFR Part 193), and amended those
criteria in Public Notice 1565, effective January 16, 1992 (57 F.R.
3282; January 29, 1992).
\12\ Sec. 302(a)(1) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 707), added
``during fiscal year 1991 and hereafter'', effective November 5, 1990.
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(b) Payments for Duration of Hostage Status, Life Insurance,
and Health Insurance.--(1) Not later than 30 days after the
date of enactment of this Act, the Office of Personnel
Management, after consultation with the Department of State,
shall prescribe regulations, consistent with this section, for
the application of the provisions of chapter 87 (relating to
life insurance) and chapter 89 (relating to health insurance)
of title 5, United States Code, to the United States hostages
in Iraq or Kuwait, and United States hostages captured in
Lebanon, and their family members for the period that such
hostages remain in hostage status.
(2) United States hostages in Iraq or Kuwait, and United
States hostages captured in Lebanon, shall, subject to the
availability of funds under subsection (e), be paid at the rate
of pay for a position at GS-9 of the General Schedule for the
period in which such hostages remained in a hostage status
without the hostages (or their family members on their behalf)
receiving salaries or wages from their employers. For purposes
of this paragraph, any United States hostage captured in
Lebanon who was paid a salary or wage in Lebanese pounds in
amounts that were not adjusted to compensate for any
devaluation of the Lebanese pound that occurred during such
hostage's period of captivity shall not be considered to have
received a salary or wage from an employer.\13\
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\13\ Sec. 5(a) of Public Law 102-499 (106 Stat. 3266) added the
last sentence to par. (2). Sec. 5(b) of that Act further provided that
``the amendment made by subsection (a) shall be deemed to have become
effective as of the date of enactment of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991.''.
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(3) Except as provided in paragraph (5), during \14\ the
period of an individual's hostage status and during the 12-
month period after the hostage status of that individual
ceases, such individual and his family members shall, subject
to the availability of funds under subsection (e), be entitled
to health benefits covered by paragraph (1) if such benefits
were not provided by any other insurance coverage.
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\14\ Sec. 302(a)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 707), struck
out ``During'' in pars. (3) and (4), and inserted in lieu thereof
``Except as provided in paragraph (5), during'', effective November 5,
1990.
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(4) Except as provided in paragraph (5), during \14\ the
period of an individual's hostage status and during the 12-
month period after the hostage status of that individual
ceases, that individual shall, subject to the availability of
funds under subsection (e), be entitled to life insurance
benefits covered by paragraph (1) if such benefits were not
provided by any other insurance coverage.
(5) \15\ For purposes of the application of paragraphs (3)
and (4) to United States hostages captured in Lebanon, the
period of entitlement of benefits, subject to the availability
of funds, shall be the period of an individual's hostage
status, plus a 60-month period following the termination of the
hostage status of that individual.
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\15\ Sec. 302(a)(3) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), added
par. (5), effective November 5, 1990.
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(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.
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\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.''.
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(5) the term ``United States national'' means any
individual who is a citizen of the United States or
who, though not a citizen of the United States, owes
permanent allegiance to the United States.
(e) Allocation of Funds.--(1) Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', up to
$10,000,000 shall be available to carry out this section.
(2) \17\ Notwithstanding any other provision of law, funds
allocated under paragraph (1) are authorized to remain
available until expended.
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\17\ Sec. 302(a)(5) of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), amended
and restated par. (2), effective November 5, 1990. It formerly read as
follows:
``(2) The authority to obligate funds under the authority provided
by this section shall expire six months after the date of enactment of
this Act.''.
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* * * * * * *
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991''.
q. 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; 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; and by Public Law 107-116
[Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2002; H.R. 3061], 115 Stat. 2177,
approved January 10, 2002
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1990, and
for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for foreign operations,
export financing, and related programs for the fiscal year
ending September 30, 1990, and for other purposes, namely:
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
UNITED NATIONS VOTING RECORD
Sec. 527.\1\ (a) In General.--Not later than March 31 of
each year, the Secretary of State shall transmit to the Speaker
of the House of Representatives and the President of the Senate
a full and complete annual report which assesses for the prior
calendar year, with respect to each foreign country member of
the United Nations, the voting practices of the governments of
such countries at the United Nations, and evaluates General
Assembly and Security Council actions and the responsiveness of
those governments to United States policy on issues of special
importance to the United States.
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\1\ 22 U.S.C. 2414a.
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(b) Information on Voting Practices in the United
Nations.--Such report shall include, with respect to voting
practices and plenary actions in the United Nations during the
preceding year, information to be compiled and supplied by the
Permanent Representative of the United States to the United
Nations, consisting of--
(1) an analysis and discussion, prepared in
consultation with the Secretary of State, of the extent
to which member countries supported United States
policy objectives at the United Nations;
(2) an analysis and discussion, prepared in
consultation with the Secretary of State, of actions
taken by the United Nations by consensus;
(3) with respect to plenary votes of the United
Nations General Assembly--
(A) a listing of all such votes on issues
which directly affected important United States
interests and on which the United States
lobbied extensively and a brief description of
the issues involved in each such vote;
(B) a listing of the votes described in
subparagraph (A) which provides a comparison of
the vote cast by each member country with the
vote cast by the United States;
(C) a country-by-country listing of votes
described in subparagraph (A); and
(D) a listing of votes described in
subparagraph (A) displayed in terms of United
Nations regional caucus groups;
(4) a listing of all plenary votes cast by member
countries of the United Nations in the General Assembly
which provides a comparison of the vote cast by each
member country with the vote cast by the United States;
(5) an analysis and discussion, prepared in
consultation with the Secretary of State, of the extent
to which other members supported United States policy
objectives in the Security Council and a separate
listing of all Security Council votes of each member
country in comparison with the United States; and
(6) a side-by-side comparison of agreement on
important and overall votes for each member country and
the United States.
(c) Format.--Information required pursuant to subsection
(b)(3) shall also be submitted, together with an explanation of
the statistical methodology, in a format identical to that
contained in chapter II of the March 14, 1988, Report to
Congress on Voting Practices in the United Nations.
(d) Statement by the Secretary of State.--Each report under
subsection (a) shall contain a statement by the Secretary of
State discussing the measures which have been taken to inform
United States diplomatic missions of United Nations General
Assembly and Security Council activities.
(e) Technical and Conforming Amendments.--* * *
* * * * * * *
GLOBAL WARMING INITIATIVE
Sec. 534. (a) Tropical Forestry Assistance.--(1) In order
to achieve the maximum impact from activities relating to
tropical forestry, the Agency for International Development
shall focus tropical forestry assistance programs on the key
middle- and low-income developing countries (hereinafter ``key
countries'') which are projected to contribute large amounts of
greenhouse gases related to global warming as a result of
industrialization and the burning of fossil fuels, and
destruction of tropical forests.
(2) Funds appropriated to carry out the provisions of
sections 103 and 106 of the Foreign Assistance Act of 1961, as
amended, may be used by the Agency for International
Development, notwithstanding any other provision of law, for
the purpose of supporting tropical forestry programs aimed at
reducing emissions of greenhouse gases with regard to the key
countries in which deforestation makes a significant
contribution to global warming, except that such assistance
shall be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(3) In providing assistance relating to tropical forests,
the Administrator of that Agency shall, to the extent feasible
and appropriate, assist countries in developing a systematic
analysis of the appropriate use of their total tropical forest
resources, with the goal of developing a national program for
sustainable forestry.
(b) Energy Assistance.--(1) In order to achieve the maximum
impact from activities relating to energy, the Agency for
International Development shall focus energy assistance
activities on the key countries, where assistance would have
the greatest impact on reducing emissions from greenhouse
gases. Such assistance shall be focused on improved energy
efficiency, increased use of renewable energy resources and
national energy plans (such as least-cost energy plans) which
include investment in end-use efficiency and renewable energy
resources.
(2) Funds appropriated to carry out the provisions of
sections 103 and 106 of the Foreign Assistance Act of 1961, as
amended, may be used by the Agency for International
Development, notwithstanding any other provision of law, for
the purpose of supporting energy programs aimed at reducing
emissions of greenhouse gases related to global warming with
regard to the key countries, except that such assistance shall
be subject to sections 116, 502B, and 620A of the Foreign
Assistance Act of 1961.
(3) It is the sense of the Congress that the Agency for
International Development should increase its efforts in the
fields of energy efficiency, renewable energy, and energy
planning. Such increase should take place with respect to key
countries and countries with large Economic Support Fund
project assistance. Such efforts should include--
(A) an increase in the number of Agency for
International Development staff with energy expertise,
including staff with expertise in renewable energy
technologies and end-use efficiency;
(B) assistance to develop analyses of energy-sector
actions that could minimize emissions of greenhouse
gases at least cost, while at the same time meeting
basic economic and social development needs. Such
assistance should include country-specific analyses
which compare the economic and environmental costs of
actions to promote energy efficiency and
nonconventional renewable energy with the economic and
environmental costs of investments to provide
additional conventional energy supplies;
(C) assistance to develop energy-sector plans that
employ end-use analysis and other techniques to
identify the most cost-effective actions to minimize
increased reliance on fossil fuels, ensuring to the
maximum extent feasible that nongovernmental
organizations and academic institutions are involved in
this planning;
(D) insuring that AID energy assistance--including
support for private-sector initiatives--is consistent
with the analyses and plans described in subparagraphs
(B) and (C) above, and that environmental impacts
(including that on global warming) and alternatives
have been fully analyzed;
(E) assistance to improve efficiency in the
production, transmission, distribution, and use of
energy. Such assistance should focus on the development
of institutions to (i) promote energy efficiency in all
sectors of energy production and use, (ii) provide
training and technical assistance to help energy
producers and users identify cost-effective actions to
improve energy efficiency, (iii) finance specific
investments in energy efficiency in all sectors of
energy production and use, and (iv) improve local
capabilities in the research, development, and sale of
energy efficient technologies;
(F) assistance in exploiting nonconventional
renewable energy resources, including wind, solar,
small-hydro, geothermal, and advanced biomass systems.
This assistance should also promote efficient use of
traditional biomass fuels through improved fuelwood
management and improved methods of charcoal production;
(G) expanding efforts to meet the energy needs of the
rural poor through the methods described in
subparagraphs (E) and (F). Specifically these efforts
should promote improved efficiency in the use of
biomass fuels for household energy, improved systems of
fuelwood management, and the development of the
nonconventional renewable energy systems described in
subparagraph (F);
(H) encouraging host countries to sponsor meetings
with officials from the United States utility sector
who are leaders in energy efficiency and other United
States experts to discuss the application of least-cost
planning techniques;
(I) developing a cadre of United States experts from
industry, academia, nonprofit organizations, and
government agencies capable of providing technical
assistance to developing countries concerning energy
policy and planning, energy efficiency and renewable
energy resources;
(J) in cooperation with the Department of Energy, the
Environmental Protection Agency, the World Bank, and
the Development Assistance Committee of the OECD,
supporting research concerning the ways developing
nations can meet their energy needs while minimizing
global warming and how to meet those needs; and
(K) strengthening the Agency for International
Development's partnership with the Department of Energy
in order to ensure that the Agency's energy efforts
take full advantage of United States expertise and
technology.
(c) Reports and Authorities.--(1) The Agency for
International Development, in consultation with the
Environmental Protection Agency (EPA), the Department of State,
and other appropriate agencies, shall submit to Congress no
later than April 15, 1990, a report which (1) examines the
potential contributions of developing countries to future
global emissions of greenhouse gases under different economic
growth scenarios, (2) estimates the relative contributions of
those countries to global greenhouse gas emissions, and (3)
identifies specific key countries which stand to contribute
significantly to global greenhouse gas emissions, and in which
actions to promote energy efficiency, reliance on renewable
energy resources, and conservation of forest resources could
significantly reduce emissions of greenhouse gases. This report
should utilize existing data, including the models and
methodologies already developed by the EPA for their report to
Congress on policy options for stabilizing global climate.
(2) Of the funds appropriated to carry out the provisions
of sections 103 and 106 of the Foreign Assistance Act of 1961,
as amended, the Agency for International Development may use
such amounts as may be necessary to reimburse United States
Government agencies, agencies of State governments, and
institutions of higher learning for the full costs of employees
detailed or assigned to the Agency for International
Development for the purpose of carrying out activities relating
to forestry and energy programs aimed at reducing emissions of
greenhouse gases related to global warming. Personnel who are
detailed or assigned for the purposes of this section shall not
be included within any personnel ceiling applicable to any
United States Government agency during the period of detail or
assignment.
(d) \2\ Export-Import Bank.--(1) Of the financing provided
by the Export-Import Bank that is utilized for the support of
exports for the energy sector, the Bank shall seek to provide
not less than 5 per centum of such financing for renewable
energy projects.
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\2\ 12 U.S.C. 635g note.
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(2) The Export-Import Bank shall take all appropriate steps
to finance information exchanges and training whose purpose it
is to help link United States producers in the renewable energy
sector with assistance programs and potential foreign
customers.
(3) Beginning on April 15, 1990, the Chairman of the
Export-Import Bank shall submit an annual report to the
Committees on Appropriations on the Bank's implementation of
this subsection.
* * * * * * *
NARCOTICS CONTROL PROGRAM
Sec. 569. * * *
(d)(1) \3\ If any funds made available for any fiscal year
for security assistance are not used for assistance for the
country for which those funds were allocated because of any
provision of law requiring the withholding of assistance for
countries that have not taken adequate steps to halt illicit
drug production of trafficking, the President shall use those
funds for additional assistance for those countries which have
met their illicit drug eradication targets or have otherwise
taken significant steps to halt illicit drug production or
trafficking, as follows:
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\3\ 22 U.S.C. 2291 note.
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(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.--
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\4\ 22 U.S.C. 2321j note.
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(1) NATO southern flank countries.--The President may
transfer--
(A) to any NATO southern flank country which
is eligible for United States security
assistance and which is integrated into NATO's
military structure; and
(B) to any major non-NATO ally on the
southern and southeastern flank of NATO which
is eligible for United States security
assistance, such excess defense articles as may
be necessary to help modernize the defense
capabilities of such country.
(2) Major illicit drug producing countries.--Subject
to subsection (f), the President may transfer to any
country--
(A) which is a major illicit drug producing
country,
(B) which has a democratic government, and
(C) whose armed forces do not engage in a
consistent pattern of gross violations of
internationally recognized human rights, such
excess defense articles as may be necessary to
carry out subsection (f)(1).
(3) Terms of transfers.--Excess defense articles may
be transferred under this section without cost to the
recipient country.
(b) Limitations on Transfers.--The President may transfer
excess defense articles under this section only if--
(1) they are drawn from existing stocks of the
Department of Defense;
(2) funds available to the Department of Defense for
the procurement of defense equipment are not expended
in connection with the transfer; and
(3) the President determines that the transfer of the
excess defense articles will not have an adverse impact
on the military readiness of the United States.
(c) Notification to Congress.--
(1) Advance notice.--The President may not transfer
excess defense articles under this section until thirty
days after the President has provided notice of the
proposed transfer to the committees specified in
paragraph (2). This notification shall include--
(A) a certification of the need for the
transfer;
(B) an assessment of the impact of the
transfer on the military readiness of the
United States; and
(C) the value of the excess defense articles
to be transferred.
(2) Committees to be notified.--Notice shall be
provided pursuant to paragraph (1) to the Committee on
Foreign Affairs, and the Committee on Appropriations of
the House of Representatives and the Committee on Armed
Services, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate.
(d) Waiver of Requirement for Reimbursement of DOD
Expenses.--Section 632(d) of the Foreign Assistance Act of 1961
does not apply with respect to transfers of excess defense
articles under this section.
(e) \5\ Maintenance of Military Balance in Eastern
Mediterranean.--
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\5\ Sec. 578(b) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
Stat. 1685), provided that:
``(b) During fiscal year 1993, the provisions of section 573(e) of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1990, (as amended by subsection (a) of this
section) shall be applicable, for the period specified therein, to
excess defense articles made available under sections 516 and 519 of
the Foreign Assistance Act of 1961.''.
See paragraph (2) for subsec. (a) amendment.
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(1) United states policy.--The Congress intends that
excess defense articles be made available under this
section consistent with the United States policy,
established by section 841 of the International
Cooperation Act of 1989, of maintaining the military
balance in the Eastern Mediterranean.
(2) Maintenance of balance.--Accordingly, the
President shall ensure that, over the four-year period
beginning on October 1, 1992,\6\ the ratio of--
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\6\ Sec. 578(a) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106
Stat. 1685), struck out ``three year [sic] period beginning on October
1, 1989'' and inserted in lieu thereof ``four-year period beginning on
October 1, 1992''.
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(A) the value of excess defense articles made
available for Turkey under this section, to
(B) the value of excess defense articles made
available for Greece under this section,
closely approximates the ratio of--
(i) the amount of foreign military
financing provided for Turkey, to
(ii) the amount of foreign military
financing provided for Greece.
(3) Exception to requirement.--This subsection shall
not apply if either Greece or Turkey ceases to be
eligible to receive excess defense articles under
subsection (a).
(f) Major Illicit Drug Producing Countries in Latin America
and the Caribbean.--
(1) Purpose.--Excess defense articles shall be
transferred under subsection (a)(2) for the purpose of
encouraging the military forces of an eligible country
in Latin America and the Caribbean to participate with
local law enforcement agencies in a comprehensive
national antinarcotics program, conceived and developed
by the government of that country, by conducting
activities within that country and on the high seas to
prevent the production, processing, trafficking,
transportation, and consumption of illicit narcotic or
psychotropic drugs or other controlled substances.
(2) Uses of excess defense articles.--Excess defense
articles may be furnished to a country under subsection
(a)(2) only if that country ensures that those excess
defense articles will be used only in support of
antinarcotics activities.
(3) Role of the secretary of state.--The Secretary of
State shall determine the eligibility of countries to
receive excess defense articles under subsection (a)(2)
and insure that any transfer is coordinated with other
antinarcotics enforcement programs assisted by the
United States Government.
(4) Limitation.--The aggregate value of excess
defense articles transferred to a country under
subsection (a)(2) in any fiscal year may not exceed
$10,000,000.
(g) Definitions.--As used in this section--
(1) the term ``excess defense article'' has the
meaning given that term by section 644(g);
(2) the term ``made available'' means that a good
faith offer is made by the United States to furnish the
excess defense articles to a country;
(3) the term ``major non-NATO ally'' includes
Australia, Egypt, Israel, Japan, and New Zealand;
(4) the term ``NATO'' means the North Atlantic Treaty
Organization; and
(5) the term ``NATO southern flank countries'' means
Greece, Italy, Portugal, Spain, and Turkey.
* * * * * * *
STINGERS FOR BAHRAIN
Sec. 581. (a) Previously Transferred Stingers.--
Notwithstanding section 580,\7\ section 573(b)(4) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988,\8\ and section 566(b)(4) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989,\9\ shall cease to apply with respect
to Stingers made available to Bahrain under those sections if
the President determines, and notifies the Committees on
Appropriations and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate, that--
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\7\ Sec. 580 provided that ``Except as provided in section 581, the
United States may not sell or otherwise make available any Stingers to
any country bordering the Persian Gulf under the Arms Export Control
Act of chapter 2 of part II of the Foreign Assistance Act of 1961.''.
\8\ Sec. 573(b)(4) provided:
``(4) the recipient country has agreed to a United States buyback
of all the remaining missiles and components which have not been
destroyed or fired in order to return them to the possession and
control of the United States when another United States air defense
system which meets the military requirements can be made available or
not more than 18 months from the enactment of this legislation.''.
\9\ Sec. 566(b)(4) provided the same intent as the previous note.
---------------------------------------------------------------------------
(1) the Stingers are needed by Bahrain to counter an
immediate air threat or to contribute to the protection
of United states personnel, facilities, equipment, or
operations;
(2) no other appropriate system is available from the
United States;
(3) Bahrain has agreed, in writing, to such
safeguards to protect against diversion of the Stingers
as may be required by the United States; and
(4) Bahrain has agreed in writing to return to the
possession and control of the United States all
Stingers made available under those sections and
subsection (b) of this section, other than Stingers
which have been fired or otherwise destroyed, at any
time the United States determines, subject to
subsection (c).
(b) Replacement Stingers.--Notwithstanding section 580,
Stingers may be made available to Bahrain under the Arms Export
Control Act of the Foreign Assistance Act of 1961 after
September 30, 1989, in order to replace, on a one-for-one
basis, Stingers previously made available under this
subsection, sec. 573 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1988, or
section 566 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1989, that have been fired
or otherwise destroyed, subject to the following conditions:
(1) Determinations.--Replacement Stingers may be made
available to Bahrain pursuant to this subsection only
if the President makes the determinations specified in
paragraphs (1) through (4) of subsection (a).
(2) Notice to congress before stingers are
transferred.--At least 30 days before making any
replacement Stingers available to Bahrain pursuant to
this subsection, the President shall notify the
committees designated in subsection (a) that he has
made the determinations required by paragraph (1). Any
such notification shall include the information
required in a certification under section 36(b) of the
Arms Export Control Act. This paragraph applies without
regard to the value of the Stingers to be made
available.
(c) Return of Stingers to the United States.--All Stingers
made available to Bahrain pursuant to subsections (a) and (b),
other than those fired or otherwise destroyed, shall be
returned to the possession and control of the United states not
later than September 30, 1991, unless the President--
(1) determines that each of the conditions specified
in subsection (a) continues to apply; and
(2) notifies the committees designated in subsection
(a) not later than September 15, 1991, in accordance
with the regular reprogramming procedures of such
committees, that the United States intends to waive the
requirement that the Stingers be returned to the United
States by the date specified in the subsection.
* * * * * * *
ESTABLISHING CATEGORIES OF ALIENS FOR PURPOSES OF REFUGEE
DETERMINATIONS
Sec. 599D.\10\ (a) In General.--In the case of an alien who
is within a category of aliens established under subsection
(b), the alien may establish, for purposes of admission as a
refugee under section 207 of the Immigration and Nationality
Act, that the alien has a well-founded fear of persecution on
account of race, religion, nationality, membership in a
particular social group, or political opinion by asserting such
a fear and asserting a credible basis for concern about the
possibility of such persecution.
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\10\ 8 U.S.C. 1157 note. A subsec. (f) at the end of this section,
relating to GAO Reports on Soviet Refugee Processing, was repealed by
sec. 582(c) of Public Law 102-391 (106 Stat. 1686). Sec. 905(c) of the
FREEDOM Support Act (Public Law 102-511; 106 Stat. 3356) made the same
amendment.
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(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
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\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, 2001, and
2002 \14\ for refugees who are nationals of the
independent states of the former Soviet Union, Estonia,
Latvia, and Lithuania under such section,\15\
notwithstanding any other provision of law, the
President shall allocate one thousand of such
admissions for such fiscal year to refugees who are
within the category of aliens described in paragraph
(2)(B).
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\13\ Sec. 598(a)(1) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2063), struck out ``fiscal year 1990'' and inserted in lieu
thereof ``for each of fiscal years 1990, 1991, and 1992''.
\14\ Sec. 512(1)(A) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 466) struck
out ``1993 and 1994'' and inserted in lieu thereof ``1993, 1994, 1995,
and 1996''. Sec. 575(1)(A) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I
of the Omnibus Consolidated Appropriations Act, 1997; Public Law 104-
208; 110 Stat. 3009) further extended this to include 1997. Sec.
101(1)(A) of Public Law 104-319 (110 Stat. 3864) made the same
amendment as Public Law 104-208. Sec. 574(1)(A) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1998 (Public Law 105-118; 111 Stat. 2432), struck out ``and 1997'' and
inserted in lieu thereof ``1997, and 1998''. 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''. Sec.
213(1)(A) of the Departments of Labor, Health and Human Services,
Education, and Related Agencies Appropriations Act, 2002 (Public Law
107-116; 115 Stat. 2200), struck out ``1997, 1998, 1999, 2000, and
2001'' and inserted in lieu thereof ``1997, 1998, 1999, 1999, 2000,
2001, and 2002''.
\15\ Sec. 582(a)(1)(A) of Public Law 102-391 (106 Stat. 1686)
inserted ``and within the number of such admissions allocated for each
of fiscal years 1993 and 1994 for refugees who are nationals of the
independent states of the former Soviet Union, Estonia, Latvia, and
Lithuania under such section'' after ``Act''.
Sec. 905(a)(1) of the FREEDOM Support Act (Public Law 102-511; 106
Stat. 3356) made the same amendment.
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(c) Written Reasons for Denials of Refugee Status.--Each
decision to deny an application for refugee status of an alien
who is within a category established under this section shall
be in writing and shall state, to the maximum extent feasible,
the reason for the denial.
(d) Permitting Certain Aliens Within Categories to Reapply
for Refugee Status.--Each alien who is within a category
established under this section and who (after August 14, 1988,
and before the date of the enactment of this Act) was denied
refugee status shall be permitted to reapply for such status.
Such an application shall be determined taking into account the
application of this section.
(e) Period of Application.--
(1) Subsections (a) and (b) shall take effect on the
date of the enactment of this Act and shall only apply
to applications for refugee status submitted before
October 1, 2002.\16\
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\16\ Sec. 598(a)(2) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 2063), struck out ``October 1, 1990'' 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. Sec. 213(1)(B) of the Departments
of Labor, Health and Human Services, Education, and Related Agencies
Appropriations Act, 2002 (Public Law 107-116; 115 Stat. 2200), extended
the date to October 1, 2002.
---------------------------------------------------------------------------
(2) Subsection (c) shall apply to decisions made
after the date of the enactment of this Act and before
October 1, 2002.\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, 2002.\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, 2002,\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. Sec. 213(2) of the Departments of Labor, Health and
Human Services, Education, and Related Agencies Appropriations Act,
2002 (Public Law 107-116; 115 Stat. 2200), extended the date to
September 30, 2002.
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(c) Waiver of Certain Grounds for Inadmissibility.--The
provisions of paragraphs (4), (5), and (7)(A) \20\ of section
212(a) of the Immigration and Nationality Act shall not apply
to adjustment of status under this section and the Attorney
General may waive any other provision of such section (other
than paragraph (2)(C) or subparagraph \21\ (A), (B), (C), or
(E) of paragraph (3)) \22\ with respect to such an adjustment
for humanitarian purposes, to assure family unity, or when it
is otherwise in the public interest.
---------------------------------------------------------------------------
\20\ Sec. 603(a)(22) of Public Law 101-649 (104 Stat. 5084) struck
out ``(14), (15), (20), (21), (25), (28) (other than subparagraph (F)),
and (32)'' and inserted in lieu thereof ``(4), (5), and (7)(A)''.
\21\ Sec. 219(bb) of the Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103-416; 108 Stat. 4319) struck out
``and subparagraphs'' and inserted in lieu thereof ``or subparagraph''.
\22\ Sec. 307(l)(9) of Public Law 102-232 (105 Stat. 1757) struck
out ``(23)(B), (27), (29), or (33)'' and inserted in lieu thereof
``(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)''.
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(d) Date of Approval.--Upon the approval of such an
application for adjustment of status, the Attorney General
shall create a record of the alien's admission as a lawful
permanent resident as of the date of the alien's inspection and
parole described in subsection (b)(2).
(e) No Offset in Number of Visas Available.--When an alien
is granted the status of having been lawfully admitted for
permanent residence under this section, the Secretary of State
shall not be required to reduce the number of immigrant visas
authorized to be issued under the Immigration and Nationality
Act.
* * * * * * *
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990''.
r. Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988
Partial text of Public Law 100-202 [Sec. 101(e) of the Continuing
Appropriations for 1988, H.J. Res. 395], 101 Stat. 1329-131, approved
December 22, 1987, as amended by Public Law 100-461 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law
100-690 [International Narcotics Control Act of 1988, H.R. 5210], 102
Stat. 4181, approved November 18, 1988; Public Law 101-167 [Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990; H.R. 3743], 103 Stat. 1195, approved November 21, 1989; Public
Law 101-240 [International Development and Finance Act of 1989, H.R.
2494], 103 Stat. 2492, approved December 19, 1989; Public Law 101-513
[Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November
5, 1990; Public Law 101-649 [Immigration Act of 1990; S. 358], 104
Stat. 4978, approved November 29, 1990; H.R. 2621 as passed by the
House on June 19, 1991 [sections of which were enacted by reference by
Public Law 102-145 [Further Continuing Appropriations, Fiscal Year
1992; H.J. Res. 360]], as amended, 105 Stat. 968, approved October 28,
1991; and Public Law 102-232 [Miscellaneous and Technical Immigration
and Naturalization Amendments of 1991; H.R. 3049], 105 Stat. 1733,
approved December 12, 1991
JOINT RESOLUTION Making further continuing appropriations for the
fiscal year 1988, and for other purposes.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That--
* * * * * * *
AN ACT Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 1988, and
for other purposes.
* * * * * * *
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
* * * * * * *
FOREIGN MILITARY SALES DEBT REFORM
(a) Refinancing.--Notwithstanding any other provision of law,
the President is authorized during fiscal years 1988 through
1991 to transfer existing United States guaranties of
outstanding Foreign Military Sales (FMS) credit debt, or to
issue new guaranties, either of which would be applied to
loans, bonds, notes or other obligations made or issued (as the
case may be) by private United States financial institutions
(the private lender) to finance the prepayment at par of the
principal amounts maturing after September 30, 1989 of existing
FMS loans bearing interest rates of eight \1\ percent or
higher, and arrearages thereon. The loans, bonds, notes or
other obligations are hereinafter referred to as the ``private
loan'': Provided, That such guaranties which are transferred or
are made pursuant to paragraph (a) shall cover no more and no
less than ninety percent of the private loan or any portion or
derivative thereof plus unpaid accrued interest and arrearages,
if any, outstanding at the time of guaranty transfer or
extension: Provided further, That the total amount of the
guaranty of the private loan cannot exceed ninety percent of
the outstanding principal, unpaid accrued interest and
arrearages, if any, at any time: Provided further, That of the
total amount of the private loan, the ninety percent guaranteed
portion of the private loan cannot be separated from the
private loan at any time: Provided further, That no sums in
addition to the payment of the outstanding principal amounts
maturing after September 30, 1989 of the loan (or advance),
plus unpaid accrued interest thereon, and arrearages, if any,
shall be charged by the private lender or the Federal Financing
Bank as a result of such prepayment against the borrower, the
guarantor, or the Guaranty Reserve Fund (GRF), except that the
private lender may include, in the interest rate charged, a
standard fee to cover costs, such fee which will be set at
prevailing market rates, and no guaranty fee shall be charged
on guarantees transferred or issued pursuant to this provision:
Provided further, That the terms of guaranties transferred or
issued under this paragraph shall be exactly the same as the
existing loans or guarantees, except as modified by this
paragraph and including but not limited to the final maturity
and principal and interest payment structure of the existing
loans which shall not be altered, except that the repayments of
the private loan issued debt may be consolidated into two
payments per year: Provided further, That the private loan or
guarantees transferred or issued pursuant to this paragraph
shall be fully and freely transferable, except that any
guaranty transferred or extended shall cease to be effective if
the private loan or any derivative thereof is to be used to
provide significant support for any non- registered obligation:
Provided further, That for purposes of sections 23 and 24 of
the Arms Export Control Act (AECA), the term ``defense
services'' shall be deemed to include the refinancing of FMS
debt outstanding at the date of the enactment of this Act:
Provided further, That not later than ninety days after the
enactment of this Act, the Secretary of the Treasury
(Secretary) shall issue regulations to carry out the purposes
of this heading and that in issuing such regulations, the
Secretary shall (1) facilitate the prepayment of loans and loan
advances hereunder, (2) provide for full processing of each
application within thirty days of its submission to the
Secretary, and (3) except as provided in section 24(a) of the
AECA, impose no restriction that increases the cost to
borrowers of obtaining private financing for prepayment
hereunder or that inhibits the ability of the borrower to enter
into prepayment arrangements hereunder: Provided further, That
the Secretary of State shall transmit to the Committee on
Foreign Affairs of the House of Representatives, the Committee
on Foreign Relations of the Senate, and the Committees on
Appropriations of the House of Representatives and Senate, a
copy of the text of any agreement entered into pursuant to this
section not more than thirty days after its entry into force,
together with a description of the transaction.
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\1\ Title III of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1214) amended subsections (a) and (b) by striking all reference
to ``ten'' and inserting in lieu thereof ``eight''.
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(b) \2\ * * * [Repealed--1992]
---------------------------------------------------------------------------
\2\ The paragraph under ``Foreign Military Sales Debt Reform'' in
H.R. 2621 as passed by the House on June 19, 1991, and enacted by
reference in sec. 118 of the Further Continuing Appropriations (Public
Law 102-145, as amended by Public Law 102-266) repealed subsec. (b),
which had provided as follows:
``(b) Interest Rate Reduction.--Notwithstanding any other provision
of law, there is hereby appropriated such sums as may be necessary, but
not more than $270,000,000, to be made available after October 1, 1988
to the Secretary of Defense for the Defense Security Assistance Agency
for deposit into a new account, to remain available until expended:
Provided, That the funds shall be used solely for the purpose of
lowering the interest rate on Foreign Military Sales (FMS) credits
which were financed through the Federal Financing Bank (FFB) for
countries which do not refinance one or more FFB loans pursuant to
paragraph (a) of this heading, and which loans have interest rates
exceeding eight percent, down to an interest rate of eight percent for
the remaining life of such loans: Provided further, That these funds
shall be available only subject to a Presidential budget request:
Provided further, That it is the intent of the Congress that these
funds shall be available to all countries having FMS credits from the
FFB that carry interest rates in excess of eight percent.''.
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(c) Arrearages.--(1) None of the funds provided pursuant to
the Arms Export Control Act (relating to Foreign Military Sales
credits) or pursuant to chapter 2 of part II of the Foreign
Assistance Act (relating to the Military Assistance program)
shall be made available to any country for which one or more
loans is refinanced pursuant to paragraph (a) of this heading
and which is in default for a period in excess of ninety days
in payment of principal or interest on (A) any loan made to
such country guaranteed by the United States pursuant to
paragraph (a) of this heading, and (B) any other loan issued
pursuant to the Arms Export Control Act outstanding on the date
of enactment of this provision.
(2) In conjunction with any interest rate reduction pursuant
to the authority provided in paragraph (b) of this heading, the
President shall require the country to commit in writing that
within two years of the effective date of the interest rate
reduction it will be no more than ninety days in arrears on the
repayment of principal and interest on all loans for which the
interest rate is thus reduced and will remain no more than
ninety days in arrears for the remaining life of all such
loans. None of the funds provided pursuant to the Arms Export
Control Act or chapter 2 of part II of the Foreign Assistance
Act shall be made available to any country during any period in
which it fails to comply with such commitment.
(d) Purposes and Reports.--The authorities of paragraphs (a)
and (b) of this heading may be utilized by the President in
efforts to negotiate base rights and base access agreements,
and for other bilateral foreign policy matters: Provided
further, That the Secretaries of Defense, State, and Treasury
shall transmit to the Committee on Foreign Affairs of the House
of Representatives, the Committee on Foreign Relations of the
Senate, and the Committees on Appropriations of the House of
Representatives and Senate a joint report detailing the United
States financial and foreign policy purposes served by
implementation of this authority on a country by country basis
not later than March 1, 1989, and a second joint report not
later than August 1, 1989.
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
AMERASIAN IMMIGRATION
Sec. 584. (a)(1) Notwithstanding any numerical limitations
specified in the Immigration and Nationality Act, the Attorney
General may admit aliens described in subsection (b) to the
United States as immigrants if--
(A) they are admissible (except as otherwise provided
in paragraph (2)) as immigrants, and
(B) they are issued an immigrant visa and depart from
Vietnam on or after March 22, 1988, and ending on
September 30, 1990.\3\
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\3\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1211) struck out ``during the 2-year period beginning 90 days
after the date of the enactment of this Act'' and restated this
paragraph to read ``they are issued an immigrant visa and depart from
Vietnam during the period beginning on March 22, 1988, and ending on
September 30, 1990.''.
Subsequently, title II of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 1996), struck out ``during the period beginning on March 22,
1988'' following ``Vietnam'' and inserted in lieu thereof ``on or after
March 22, 1988''.
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(2) The provisions of paragraphs (4), (5), and (7)(A) \4\ of
section 212(a) of the Immigration and Nationality Act shall not
be applicable to any alien seeking admission to the United
States under this section, and the Attorney General on the
recommendation of a consular officer may waive any other
provision of such section (other than paragraph (2)(C) or
subparagraph (A), (B), (C), or (E) \5\ of paragraph (3)) \5\
with respect to such an alien for humanitarian purposes, to
assure family unity, or when it is otherwise in the public
interest. Any such waiver by the Attorney General shall be in
writing and shall be granted only on an individual basis
following an investigation by a consular officer.
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\4\ Sec. 603(a)(20)(A) of Public Law 101-649 (104 Stat. 5084)
struck out ``(14), (15), (20), (21), (25), and (32)'' and inserted in
lieu thereof ``(4), (5), and (7)(A)''.
\5\ Sec. 603(a)(20)(B) of Public Law 101-649 (104 Stat. 5084)
struck out ``(other than paragraph (27), (29), or (33) and other than
so much of paragraph (23) as relates to trafficking in narcotics)'' and
inserted in lieu thereof ``(other than paragraph (2)(C) or subparagraph
(A), (B), (C), or (D) of paragraph (3))''.
Subsequently, sec. 307(l)(8) of Public Law 102-232 (105 Stat. 1757)
struck out ``(D)'' and inserted in lieu thereof ``(E)'' in par. (2).
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(3) Notwithstanding section 221(c) of the Immigration and
Nationality Act, immigrant visas issued to aliens under this
section shall be valid for a period of one year.\6\
---------------------------------------------------------------------------
\6\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
Stat. 1211) struck out ``8 months'' at this point and inserted in lieu
thereof ``one year''.
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(b)(1) An alien described in this section is an alien who, as
of the date of the enactment of this Act, is residing in
Vietnam and who establishes to the satisfaction of a consular
officer or an officer of the Immigration and Naturalization
Service after a face-to-face interview, that the alien--
(A)(i) was born in Vietnam after January 1, 1962, and
before January 1, 1976, and (ii) was fathered by a
citizen of the United States (such an alien in this
section referred to as a ``principal alien'');
(B) is the spouse or child of a principal alien and
is accompanying, or following to join, the principal
alien; or
(C) subject to paragraph (2), either (i) is the
principal alien's natural mother (or is the spouse or
child of such mother), or (ii) has acted in effect as
the principal alien's mother, father, or next-of-kin
(or is the spouse or child of such an alien), and is
accompanying, or following to join, the principal
alien.
(2) An immigrant visa may not be issued to an alien under
paragraph (1)(C) unless \7\ the officer referred to in
paragraph (1) has determined, in the officer's discretion, that
(A) such an alien has a bona fide relationship with the
principal alien similar to that which exists between close
family members and (B) the admission of such an alien is
necessary for humanitarian purposes or to assure family unity.
If an alien described in paragraph (1)(C)(ii) is admitted to
the United States, the natural mother of the principal alien
involved shall not, thereafter, be accorded any right,
privilege, or status under the Immigration and Nationality Act
by virtue of such parentage.
---------------------------------------------------------------------------
\7\ Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
Stat. 1996), struck out ``the principal alien involved is unmarried
and'' at this point.
---------------------------------------------------------------------------
(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.
* * * * * * *
s. 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.''.
---------------------------------------------------------------------------
t. 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.
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(b)(1) The head of each agency shall prepare and submit to
the President each appropriation request for the agency. The
request shall be prepared and submitted in the form prescribed
by the President under this chapter and by the date established
by the President. When the head of an agency does not submit a
request by that date, the President shall prepare the request
for the agency to be included in the budget or changes in the
budget or as deficiency and supplemental appropriations. The
President may change agency appropriation requests. Agency
appropriation requests shall be developed from cost-based
budgets in the way and at times prescribed by the President.
The head of the agency shall use the cost-based budget to
administer the agency and to divide appropriations or amounts.
(2) An officer or employee of an agency in the executive
branch may submit to the President or Congress a request for
legislation authorizing deficiency or supplemental
appropriations for the agency only with the approval of the
head of the agency.
(c) The head of an agency shall include with an
appropriation request submitted to the President a report that
the statement of obligations submitted with the requests
contains obligations consistent with section 1501 of this
title. The head of the agency shall support the report with a
certification of the consistency and shall support the
certification with records showing that the amounts have been
obligated. The head of the agency shall designate officials to
make the certifications, and those officials may not delegate
the duty to make the certifications. The certifications and
records shall be kept in the agency--
(1) in a form that makes audits and reconciliations
easy; and
(2) for a period necessary to carry out audits and
reconciliations.
(d) To the extent practicable, the head of an agency
shall--
(1) provide information supporting the agency's
budget request for its missions by function and
subfunction (including the mission of each
organizational unit of the agency); and
(2) relate the agency's programs to its missions.
(e) Except as provided in subsection (f) of this section,
an officer or employee of an agency (as defined in section 1101
of this title) may submit to Congress or a committee of
Congress an appropriations estimate or request, a request for
an increase in that estimate or requests, or a recommendation
on meeting the financial needs of the Government only when
requested by either House of Congress.
(f) The Interstate Commerce Commission shall submit to
Congress copies of budget estimates, requests, and information
(including personnel needs), legislative recommendations,
prepared testimony for congressional hearings, and comments on
legislation at the same time they are sent to the President or
the Office of Management and Budget. An officer of an agency
may not impose conditions on or impair communication by the
Commission with Congress, or a committee or member of Congress,
about the information.
(g) Amounts available under law are available for field
examinations of appropriation estimates. The use of the amounts
is subject only to regulations prescribed by the appropriate
standing committees of Congress.
* * * * * * *
CHAPTER 15--APPROPRIATION ACCOUNTING
SUBCHAPTER I--GENERAL
Sec. 1501.\1\ Documentary evidence requirement for Government
obligations
(a) An amount shall be recorded as an obligation of the
United States Government only when supported by documentary
evidence of--
(1) a binding agreement between an agency and another
person (including an agency) that is--
(A) in writing, in a way and form, and for a
purpose authorized by law; and
(B) executed before the end of the period of
availability for obligation of the
appropriation or fund used for specific goods
to be delivered, real property to be bought or
leased, or work or service to be provided;
(2) a loan agreement showing the amount and terms of
repayment;
(3) an order required by law to be placed with an
agency;
(4) an order issued under a law authorizing purchases
without advertising--
(A) when necessary because of a public
exigency;
(B) for perishable subsistence supplies; or
(C) within specific monetary limits;
(5) a grant or subsidy payable--
(A) from appropriations made for payment of,
or contributions to, amounts required to be
paid in specific amounts fixed by law or under
formulas prescribed by law;
(B) under an agreement authorized by law; or
(C) under plans approved consistent with and
authorized by law;
(6) a liability that may result from pending
litigation;
(7) employment or services of persons or expenses of
travel under law;
(8) services provided by public utilities; or
(9) other legal liability of the Government against
an available appropriation or fund.
(b) A statement of obligations provided to Congress or a
committee of Congress by an agency shall include only those
amounts that are obligations consistent with subsection (a) of
this section.
Sec. 1502.\1\ Balances available
(a) The balance of an appropriation or fund limited for
obligation to a definite period is available only for payment
of expense properly incurred during the period of availability
or to compete contracts properly made with that period of
availability and obligated consistent with section 1501 of this
title. However, the appropriation or fund is not available for
expenditure for a period beyond the period otherwise authorized
by law.
(b) A provision of law requiring that the balance of an
appropriation or fund be returned to the general fund of the
Treasury at the end of a definite period does not affect the
status of lawsuits or rights of action involving the right to
an amount payable from the balance.
* * * * * * *
SUBCHAPTER IV--CLOSING ACCOUNTS \2\
Sec. 1551. Definitions; applicability of subchapter \3\
(a) In this subchapter--
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\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''.
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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.''.
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(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 2002, either
as freestanding law or in amendments, arranged by
Public Law number with corresponding short title or
popular name.
------------------------------------------------------------------------
Public Law
No. Short Title
------------------------------------------------------------------------
108-31 Microenterprise Report to Congress
108-28 Taiwan's Participation in the World Health Organization
108-25 United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003
108-19 Clean Diamond Trade Act
108-11 Emergency Wartime Supplemental Appropriations Act, 2003
108-7 Consolidated Appropriations, 2003
108-7 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2003 (division A)
108-7 Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2003 (division B)
108-7 Department of State and Related Agency Appropriations Act,
2003 (division B, title IV)
108-7 Foreign Operations, Export Financing, and Related Prograqms
Appropriations Act, 2003 (division E)
108-7 Department of the Interior and Related Agencies
Appropriations Act, 2003 (division F)
108-7 Miscellaneous Appropriations Act, 2003 (division N)
107-365 Caribbean National Forest Wild and Scenic Rivers Act of 2002
107-327 Afghanistan Freedom Support Act of 2002
107-314 Bob Stump National Defense Authorization Act for Fiscal Year
2003
107-258 Persian Gulf POW/MIA Accountability Act of 2002
107-248 Department of Defense Appropriations Act, 2003
107-246 Russian Democracy Act of 2002
107-245 Sudan Peace Act
107-243 Authorization for Use of Military Force Against Iraq
Resolution of 2002
107-229 Continuing Appropriations Resolution, Fiscal Year 2003
107-228 Foreign Relations Authorization Act, Fiscal Year 2003
107-228 Department of State Authorization Act, Fiscal Year 2003
(division A)
107-228 Security Assistance Act of 2002 (division B)
107-228 Middle East Peace Commitments Act of 2002 (division A, title
VI, subtitle A)
107-228 Tibetan Policy Act of 2002 (division A, title VI, subtitle
B)
107-228 East Timor Transition to Independence Act of 2002 (division
A, title VI, subtitle C)
107-228 Clean Water for the Americas Partnership Act of 2002
(division A, title VI, subtitle D)
107-228 Freedom Investment Act of 2002 (division A, title VI,
subtitle E)
107-228 Russian Federation Debt for Nonproliferation Act of 2002
(division B, title XIII, subtitle B)
107-228 Nonproliferation Assistance Coordination Act of 2002
(division B, title XIII, subtitle C)
107-228 Iran Nuclear Proliferation Prevention Act of 2002 (division
B, title XIII, subtitle D)
107-210 Trade Act of 2002
107-197 Terrorist Bombings Convention Implementation Act of 2002
107-189 Export-Import Bank Reauthorization Act of 2002
107-187 Gerald B.H. Solomon Freedom Consolidation Act of 2002
107-173 Ehanced Border Security and Visa Entry Reform Act of 2002
107-148 Radio Free Afghanistan Act
107-141 Asian Elephant Conservation Reauthorization Act of 2002
107-117 Department of Defense and Emergency Supplemental
Appropriations for Recovery From and Response To Terrorist
Attacks on the United States Act, 2002
107-115 Kenneth M. Ludden Foreign Operations, Export Financing and
Related Programs Appropriations Act, 2002
107-112 Rhinoceros and Tiger Conservation Reauthorization Act of
2001
107-111 African Elephant Conservation Reauthorization Act of 2001
107-107 National Defense Authorization Act for Fiscal Year 2002
107-99 Zimbabwe Democracy and Economic Recovery Act of 2001
107-81 Afghan Women and Children Relief Act of 2001
107-77 Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2002
107-77 Department of State and Related Agenciy Appropriations Act,
2002 (title IV)
107-76 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2002
107-63 Department of the Interior and Related Agencies
Appropriations Act, 2002
107-56 Uniting and Strengthening America By Providing Appropriate
Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001
107-56 International Money Laundering Abatement and Financial Anti-
Terrorism Act of 2001 (title III)
107-44 Continuing Appropriations, 2002
107-43 United States-Jordan Free Trade Area Implementation Act
107-40 Authorization for Use of Military Force [international
terrorism]
107-39 Condemnation of Terrorist Attacks
107-24 ILSA [Iran and Libya Sanctions Act] Extension Act of 2001
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)
106-567 Intelligence Authorization Act for Fiscal Year 2001
106-567 Japanese Imperial Government Disclosure Act of 2000 (title
VIII)
106-557 Shark Finning Prohibition Act
106-555 Striped Bass Conservation, Atlantic Coastal Fisheries
Management and Marine Mammal Rescue Assistance Act of 2000
106-554 Consolidated Appropriations Act, 2001
106-554 Vietnam Education Foundation Act of 2000 (title II)
106-553 Department of State and Related Agency Appropriations Act,
2001
106-531 Reports Consolidation Act of 2000
106-484 Bring Them Home Alive Act of 2000
106-476 Tariff Suspension and Trade Act of 2000
106-450 Yukon River Salmon Act of 2000
106-429 Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2001
106-411 Great Ape Conservation Act of 2000
106-398 Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001
106-387 Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2001
106-387 Trade Sanctions Reform and Export Enhancement Act of 2000
(title IX)
106-386 Victims of Trafficking and Violence Protection Act of 2000
106-386 Trafficking Victims Protection Act of 2000 (division A)
106-373 Famine Prevention and Freedom From Hunger Improvement Act of
2000
106-346 National Terrorist Asset Trading Center
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)
106-286 U.S.-China Relations Act of 2000
106-280 Security Assistance Act of 2000
106-279 Intercountry Adoption Act of 2000
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)
106-256 Oceans Act of 2000
106-247 Neotropical Migratory Bird Conservation Act
106-212 American Institute in Taiwan Facilities Enhancement Act
106-200 Trade and Development Act of 2000
106-200 African Growth and Opportunity Act (title I)
106-200 U.S.-Caribbean Basin Trade Partnership Act (title II)
106-178 Iran Nonproliferation Act of 2000
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 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
106-65 National Defense Authorization Act for Fiscal Year 2000
106-65 Panama Canal Commission Authorization Act for Fiscal Year
2000 (title XXXV)
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 Department of State and Related Agencies Appropriations Act,
1999 (sec. 101(b))
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
105-42 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
104-106 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 Dante B. Fascell 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-Stevens 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
93-153 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 2002, 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)......................................
Afghan Women and Children Relief Act of 2001................ 107-81
Afghanistan Freedom Support Act of 2002..................... 107-327
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 Act (title II)................ 100-478
African Elephant Conservation Reauthorization Act of 1998... 105-217
African Elephant Conservation Reauthorization Act of 2001... 107-111
African Famine Relief and Recovery Act of 1985.............. 99-8
African Growth and Opportunity Act (title I)................ 106-200
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 108-7
Administration, and Related Agencies Appropriations Act,
2003 (division A)..........................................
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
American Institute in Taiwan Facilities Enhancement Act..... 106-212
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 Elephant Conservation Reauthorization Act of 2002..... 107-141
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 Military Force [international 107-40
terrorism].................................................
Authorization for Use of Military Force Against Iraq 107-243
Resolution of 2002.........................................
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, 97-241
Fiscal Years 1982 and 1983 (title IV)......................
Board for International Broadcasting Authorization Act, 98-164
Fiscal Years 1984 and 1985 (title III).....................
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).......................
Bob Stump National Defense Authorization Act for Fiscal Year 107-314
2003.......................................................
Bretton Woods Agreements Act................................ 79-171
Bretton Woods Agreements Act Amendments, 1978............... 95-435
Bretton Woods Agreements Act Amendments, 1980............... 96-389
Bring Them Home Alive Act of 2000........................... 106-484
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).................................................
Caribbean National Forest Wild and Scenic Rivers Act of 2002 107-365
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
Clean Diamond Trade Act..................................... 108-19
Clean Water for the Americas Partnership Act of 2002 107-228
(division A, title VI, subtitle D).........................
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, 2003........................... 108-7
Consolidated Appropriations Act, 2001....................... 106-554
Consolidated Appropriations, Fiscal Year 2000............... 106-113
Continuing Appropriations, 1985............................. 98-473
Continuing Appropriations, Fiscal Year 1988................. 100-202
Continuing Appropriations, 2002............................. 107-44
Continuing Appropriations, 2003............................. 107-229
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 East-West Ventures in Space..................... 98-562
Cooperative Threat Reduction Act of 1993 (title XII)........ 103-160
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
Dante B. Fascell North-South Center Act of 1991 (sec. 208).. 102-138
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 and Emergency Supplemental 107-117
Appropriations for Recovery From and Response To Terrorist
Attacks on the United States Act, 2002.....................
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, 2003.............. 107-248
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 Agencies Appropriations Act, 105-277
1999 (sec. 101(b)).........................................
Department of State and Related Agency Appropriations Act, 106-553
2001.......................................................
Department of State and Related Agenciy Appropriations Act, 107-77
2002 (title IV)............................................
Department of State and Related Agenciy Appropriations Act, 108-7
2003 (division B, title IV)................................
Department of State Appropriations Act, 1988 (sec. 101(a), 100-202
title III).................................................
Department of State Appropriations Authorization Act of 1973 93-126
Department of State Authorization Act, Fiscal Year 2003 107-228
(division A)...............................................
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 Authorization Act, Fiscal Years 1984 and 98-164
1985 (titles I, X).........................................
Department of State Special Agents Retirement Act of 1998... 105-382
Department of the Interior and Related Agencies 108-7
Appropriations Act, 2003 (division F)......................
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 Commerce, Justice, and State, the Judiciary, 107-77
and Related Agencies Appropriations Act, 2002..............
Departments of Commerce, Justice, and State, the Judiciary, 108-7
and Related Agencies Appropriations Act, 2003 (division B).
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)............................................
East Timor Transition to Independence Act of 2002 (division 107-228
A, title VI, subtitle C)...................................
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
Enhanced Border Security and Visa Entry Reform Act of 2002.. 107-173
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))....................................................
European Security Act of 1998 (division G, title XXVII)..... 105-277
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 Amendments of 1986................... 99-472
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-Import Bank Reauthorization Act of 2002.............. 107-189
Export Loans--Assistance.................................... 90-390
Export Trading Company Act of 1982 (title I)................ 97-290
Extending Certain Privileges to Representatives of 82-486
Organization of American States............................
Extradition Treaties Implementation Act of 1998............. 105-323
Fair Trade in Auto Parts Act of 1988 (title II, subtitle A, 100-418
part II)...................................................
Famine Prevention and Freedom From Hunger Improvement Act of 106-373
2000.......................................................
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
Floyd D. Spence National Defense Authorization Act for 106-398
Fiscal Year 2001...........................................
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 104-208
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 Operations, Export Financing, and Related Programs 106-429
Appropriations Act, 2001...................................
[Kenneth M. Ludden] Foreign Operations, Export Financing and 107-115
Related Programs Appropriations Act, 2002..................
Foreign Operations, Export Financing and Related Programs 108-7
Appropriations Act, 2003 (division E)......................
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 Year 2003....... 107-228
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).....
Freedom Investment Act of 2002 (division A, title VI, 107-228
subtitle E)................................................
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).........................................................
Gerald B.H. Solomon Freedom Consolidation Act of 2002....... 107-187
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 Iceland and 98-623
the European Economic Community (title I)..................
Governing International Fishery Agreements With Japan and 97-389
Spain (title IV)...........................................
Great Ape Conservation Act of 2000.......................... 106-411
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
ILSA [Iran and Libya Sanctions Act] Extension Act of 2001... 107-24
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)................................
Intercountry Adoption Act of 2000........................... 106-279
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 Money Laundering Abatement and Financial Anti- 107-56
Terrorism Act of 2001 (title III)..........................
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
Iran Nonproliferation Act of 2000........................... 106-178
Iran Nuclear Proliferation Prevention Act of 2002 (division 107-228
B, title XIII, subtitle D).................................
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
Japanese Imperial Government Disclosure Act of 2000 (title 106-567
VIII)......................................................
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)............................................
Kenneth M. Ludden Foreign Operations, Export Financing and 107-115
Related Programs Appropriations Act, 2002..................
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-Stevens Fishery Conservation and Management Act of 94-265
1976.......................................................
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 Act of 2000 (title I)..... 106-309
Microenterprise for Self-Reliance and International Anti- 106-309
Corruption Act of 2000.....................................
Microenterprise Report to Congress.......................... 108-31
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
Middle East Peace Commitments Act of 2002 (division A, title 107-228
VI, subtitle A)............................................
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 Appropriations Act, 2003 (division N)......... 108-7
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
[Floyd D. Spence] National Defense Authorization Act for 106-398
Fiscal Year 2001...........................................
National Defense Authorization Act for Fiscal Year 2002..... 107-107
[Bob Stump' National Defense Authorization Act for Fiscal 107-314
Year 2003..................................................
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
National Terrorist Asset Trading Center..................... 106-346
NATO Participation Act of 1994 (title II)................... 103-447
Nazi War Crimes Disclosure Act.............................. 105-246
Neotropical Migratory Bird Conservation Act................. 106-247
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
Nonproliferation Assistance Coordinationa Act of 2002....... 107-228
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)...............................................
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
Oceans Act of 2000.......................................... 106-256
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.............................
Persian Gulf POW/MIA Accountability Act of 2002............. 107-258
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 Afghanistan...................................... 107-148
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
Rhinoceros and Tiger Conservation Reauthorization Act of 107-112
2001.......................................................
Rio Grande American Canal Extension Act of 1990............. 101-438
Rio Grande Pollution Correction Act of 1987................. 100-465
Russian Democracy Act of 2002............................... 107-246
Russian Federation Debt for Nonproliferation Act of 2002 107-228
(division B, title XIII, subtitle B).......................
Ryukyu Islands Claims Settlement Act........................ 89-296
Sales of Arms to Jordan..................................... 99-162
Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V).. 104-43
Secure Embassy Construction and Counterterrorism Act of 1999 106-113
(title VI, division A, H.R. 3427, enacted by reference)....
Security Assistance Act of 1999 (title XII, H.R. 3427, 106-113
enacted by reference)......................................
Security Assistance Act of 2000............................. 106-280
Security Assistance Act of 2002 (division B)................ 107-228
Shark Finning Prohibition Act............................... 106-557
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 Nuclear Threat Reduction Act of 1991 (title II)...... 102-228
Soviet Scientists Immigration Act of 1992................... 102-509
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................................................
Striped Bass Conservation, Atlantic Coastal Fisheries 106-555
Management and Marine Mammal Rescue Assistance Act of 2000.
Strom Thurmond National Defense Authorization Act for Fiscal 105-261
Year 1999..................................................
Sudan Peace Act............................................. 107-245
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's Particpation in the World Health Organization...... 108-28
Taiwan Relations Act........................................ 96-8
Tariff Act of 1930.......................................... 71-361
Tariff Suspension and Trade Act of 2000..................... 106-476
Telecommunications Trade Act of 1988 (title I, subtitle C, 100-418
part 4)....................................................
Termination of Trade Restrictions to Czechoslovakia and 102-182
Hungary....................................................
Terrorist Bombings Covnention Implementation Act of 2002.... 107-197
Tibetan Policy Act 2002 (division A, title VI, subtitle B).. 107-228
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 Act of 2002........................................... 107-210
Trade Agreements Act of 1979................................ 96-39
Trade and Development Act of 2000........................... 106-200
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
Trade Sanctions Reform and Export Enhancement Act of 2000 106-387
(title IX).................................................
Trading With the Enemy Act.................................. 65-91
Trafficking Victims Protection Act of 2000 (division A)..... 106-386
Trans-Alaska Pipeline Authorization Act..................... 93-153
Tropical Forest Conservation Act of 1998 (part V)........... 87-195
Trust Territory of the Pacific Islands Act.................. 92-257
Tuna Conventions Act of 1950................................ 81-764
U.S.-China Relations Act of 2000............................ 106-286
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 97-241
Years 1982 and 1983 (title III)............................
United States Information Agency Authorization Act, Fiscal 98-164
Years 1984 and 1985 (title II).............................
United States Information Agency Authorization Act, Fiscal 99-93
Years 1986 and 1987 (title II).............................
United States Information Agency Authorization Act, Fiscal 100-204
Years 1988 and 1989 (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-Jordan Free Trade Area Implementation Act..... 107-43
United States-Korea Fishery Agreement....................... 100-66
United States Leadership Against HIV/AIDS, Tuberculosis, and 108-25
Malaria Act of 2003........................................
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).........
Uniting and Strengthening America By Providing Appropriate 107-56
Tools Required To Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001...................................
Urgent Assistance for Democracy in Panama Act of 1990....... 101-243
Uruguay Rounds Agreements Act............................... 103-465
Victims of Terrorism Compensation Act (title VIII).......... 99-399
Victims of Trafficking and Violence Protection Act of 2000.. 106-386
Vietnam Education Foundation Act of 2000 (title II)......... 106-554
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
Yukon River Salmon Act of 2000.............................. 106-450
Zimbabwe Democracy and Economic Recovery Act of 2001........ 107-99
------------------------------------------------------------------------
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-U.S. relations
Confidence building measures
Appropriations, 2003........... PL 108-7 Title II..... 823
Abortions
Foreign aid funding prohibition.. PL 87-195 Sec 104(f).. 40
PL 108-7 Title II..... 814
PL 108-7 Sec 518...... 843
Lobbying for
Foreign aid funding prohibition PL 108-7 Sec 518...... 843
Peace Corps
Foreign aid funding prohibition PL 108-7 Title II..... 825
Acquired Immune Deficiency Syndrome
(AIDS)
(see HIV/AIDS)
Act of state doctrine
Courts to decline
Recognition of................. PL 87-195 Sec 301
620(e)(2).
Afghanistan Freedom Support Act of PL 107-327............ 536
2002.
Drawdown support
Supplemental appropriations, PL 108-11 Sec 1307.... 891
2003.
Afghanistan-U.S. relations
Assistance prohibition........... PL 87-195 Sec 620D.... 313
Economic Support Fund............ PL 99-83 Sec 904...... 693
Foreign aid.................... PL 108-11 Ch 5........ 888
Enterprise fund
Appropriations authorization... PL 107-327 Sec 103(c). 544
Foreign aid
Assistance authorization....... PL 107-327 Sec 103.... 537
Assistance coordination........ PL 107-327 Sec 104.... 544
Assistance determination....... PL 107-327 Sec 543
103(b)(1).
Assistance waiver.............. PL 107-327 Sec 543
103(b)(2).
Counternarcotics efforts....... PL 107-327 Sec 539
103(a)(3).
Donor contributions............ PL 107-327 Sec 303.... 552
Establishing a market economy.. PL 107-327 Sec 542
103(a)(6).
Purposes of.................... PL 107-327 Sec 102.... 536
Rebuilding infrastructure...... PL 107-327 Sec 540
103(a)(4).
Rebuilding viable government... PL 107-327 Sec 541
103(a)(5).
Refugee repatriation and PL 107-327 Sec 539
resettlement. 103(a)(2).
U.S. policies.................. PL 107-327 Sec 101.... 536
Women and girls assistance..... PL 107-327 Sec 542
103(a)(7).
PL 108-7 Sec 523...... 845
Humanitarian aid
Appropriations, 2003........... PL 108-7 Sec 523...... 845
PL 108-7 Title II..... 816
International security assistance
force
Expansion of................... PL 107-327 Sec 206(d). 550
Findings of Congress........... PL 107-327 Sec 206.... 548
Light weapons destruction
Supplemental appropriations, PL 107-206 Title I.... 908
2002.
Military aid
Assistance authorization....... PL 107-327 Sec 202.... 546
Afghanistan-U.S. relations--
Continued
Military aid--Continued
Security during transition..... PL 107-327 Sec 201.... 546
Opium producing areas
U.S. opposition to assistance.. PL 107-327 Sec 105.... 544
Promoting security
Findings of Congress........... PL 107-327 Sec 206.... 548
Report to Congress............. PL 107-327 Sec 206(c). 549
Protection of its President
Sense of Congress.............. PL 107-327 Sec 302.... 551
Security needs strategy
Report to Congress............. PL 107-206 Sec 603.... 912
Women
Programs supporting............ PL 108-7 Sec 523...... 845
Africa-U.S. relations
Economic Support Fund
Commodity import programs...... PL 99-83 Sec 801...... 685
Foreign aid...................... PL 87-195 Sec 206..... 94
Famine relief assistance....... PL 87-195 Sec 495K.... 202
Locust plagues................. PL 95-424 Sec 120..... 751
Refugees....................... PL 87-195 Sec 495F.... 199
Trade
United States Commercial PL 102-549 Sec 401.... 629
Centers.
Africa, sub-Saharan-U.S. relations
Arms sales
Limited........................ PL 90-629 Sec 33...... 430
Debt-for-nature exchanges........ PL 87-195 Ch 7........ 172
Developmental activities
Women.......................... PL 87-195 Sec 496(g).. 205
Developmental aid
Agriculture and natural PL 87-195 Sec 496(i).. 206
resources.
Critical sectors............... PL 87-195 Sec 496(j).. 207
Findings of Congress........... PL 87-195 Sec 496..... 203
Private and voluntary PL 87-195 Sec 496(e).. 205
organizations.
SADCC projects................. PL 87-195 Sec 496(o).. 208
Human rights
Promoting adherence to......... PL 87-195 Sec 116(e).. 60
African Development Bank
Appropriations, 2003............. PL 108-7 Title IV..... 834
Foreign aid...................... PL 87-195 Sec 206..... 94
African Development Foundation..... PL 95-424 Sec 122..... 751
Activities
Authorities for................ PL 108-7 Sec 532...... 851
Appropriations authorization..... PL 96-533 Sec 510..... 731
Appropriations authorization, PL 98-151 Sec 701
1984. 101(b)(2).
Appropriations, 2003............. PL 108-7 Title II..... 825
Established...................... PL 96-533 Sec 503..... 728
Functions........................ PL 96-533 Sec 505..... 728
Management of.................... PL 96-533 Sec 507..... 730
Powers........................... PL 96-533 Sec 506..... 729
Purposes......................... PL 96-533 Sec 504..... 728
African Development Foundation Act. PL 96-533 Sec 501..... 727
African Development Fund
Appropriations, 2003............. PL 108-7 Title IV..... 834
Agency for International
Development
Abortions
Foreign aid funding prohibition PL 108-7 Title II..... 814
Budget submission
Report to Congress............. PL 102-391 Sec 599E... 975
Capital investments
Appropriations, 2003........... PL 108-7 Title II..... 818
Capital projects
Credit guarantees.............. PL 102-549 Sec 307.... 629
Report to Congress............. PL 102-549 Sec 302(c). 627
Capital projects office
Established.................... PL 102-549 Sec 302.... 627
Child survival and health
programs
Appropriations, 2003........... PL 108-7 Title II..... 812
Agency for International
Development--Continued
Developing countries
Biological diversity........... PL 87-195 Sec 119(g).. 70
Tropical forests............... PL 87-195 Sec 118(e).. 69
Development assistance
Appropriations, 2003........... PL 108-7 Title II..... 814
Employees
Volunteer separation incentives PL 106-113 Sec 579.... 934
Family planning/reproductive PL 108-7 Title II..... 813
health.
Foreign aid
Using nongovernmental PL 99-83 Sec 311...... 653
organizations.
Global Fund to Fight AIDS, PL 108-7 Title II..... 813
Tuberculosis and Malaria.
PL 107-206 Title I.... 905
HIV/AIDS
Appropriations, 2003........... PL 108-7 Title II..... 813
Global fund to combat.......... PL 108-7 Title II..... 813
Information technology
procurement
Appropriations, 2003........... PL 108-7 Title II..... 818
Inspector General
Overseas Private Investment PL 87-195 Sec 239(e).. 136
Corporation.
International Mother and Child PL 108-7 Title II..... 813
HIV Prevention Initiative.
Office of Inspector General
Appropriations, 2003........... PL 108-7 Title II..... 818
Operating expenses
Appropriations, 2003........... PL 108-7 Title II..... 818
Supplemental appropriations, PL 107-206 Title I.... 906
2002.
Supplemental appropriations, PL 108-11 Ch 5........ 886
2003.
Overseas construction
Appropriations, 2003........... PL 108-7 Title II..... 818
Overseas Private Investment PL 87-195 Sec 233(b).. 117
Corporation management.
Personnel
Unified system................. PL 95-424 Sec 401..... 752
Private Investment Advisory PL 87-195 Sec 601(c).. 281
Council on Foreign Aid.
Program for intellectual property PL 103-392 Sec 501.... 624
protection.
Property Management Fund
Use of......................... PL 101-513 Sec 585.... 983
Report to Congress
Democracy transition PL 108-7 Title II..... 816
initiatives.
Microenterprise Act, 2000...... PL 108-31 Sec 4....... 503
Social and economic programs
Appropriations, 2003........... PL 108-7 Title II..... 827
Supporting childhood immunization PL 99-529 Sec 102..... 638
UNICEF
Appropriations, 2003........... PL 108-7 Title II..... 813
Vaccine Fund, The
Appropriations, 2003........... PL 108-7 Title II..... 813
Voluntary family planning
projects
Funding availability........... PL 108-7 Title II..... 814
Aging
United Nations
World Assembly on.............. PL 95-424 Sec 117(e).. 751
Agricultural commodities
(see also Agricultural commodity
sales)
Of U.S. origin
Purchasing..................... PL 99-83 Sec 205...... 652
Tied aid credits program......... PL 99-83 Sec 206...... 652
Agricultural commodity sales
(see also Food aid)
Appropriations authorization..... PL 92-226 Sec 2....... 787
Agricultural commodity sales--
Continued
Foreign currencies
Release prohibited............. PL 87-195 Sec 612..... 292
Agriculture
Food production
Research....................... PL 87-195 Sec 296..... 143
International Fertilizer
Development Center
U.S. participation............. PL 87-195 Sec 301(f).. 156
Less-developed countries
Foreign aid.................... PL 87-195 Sec 222A.... 700
Plant biotechnology research and
development
Appropriations, 2003........... PL 108-7 Title II..... 815
Research......................... PL 87-195 Sec 103A.... 32
International cooperation...... PL 87-195 Sec 297..... 148
Agriculture, Secretary of
(see Agricultural commodity
sales)
Aid, Trade, and Competitiveness Act PL 102-549 Sec 301.... 627
of 1992.
Aircraft
AWACS
Foreign military sales......... PL 99-83 Sec 131...... 647
Airports (foreign)
Airport security................. PL 99-83 Sec 551...... 657
Explosive detection techniques. PL 99-83 Sec 557...... 658
Albert Schweitzer Hospital
U.S. grants to................... PL 93-189 Sec 33...... 782
Algeria-U.S. relations
International military education
and training
Restrictions on................ PL 108-7 Title III.... 830
Alien employees
Foreign aid program.............. PL 87-195 Sec 635(f).. 338
Aliens
Status
Adjustment by Attorney General. PL 101-167 Sec 599E... 999
Amerasians
Vietnamese
Admission to United States..... PL 100-202 Sec 584.... 1004
American National Red Cross
Assisting in development and
relief
Foreign aid funds.............. PL 87-195 Sec 123(b).. 74
American Schools and Hospitals
Abroad
Appropriations, 2003............. PL 108-7 Title II..... 815
Andean Counterdrug Initiative
Appropriations, 2003............. PL 108-7 Title II..... 826
Department of State
Appropriations for PL 108-7 Title II..... 828
administrative expenses.
Supplemental appropriations, PL 108-11 Ch 5........ 828
2003.
Andean region-U.S. relations
Drug control
Social and economic programs... PL 108-7 Title II..... 827
Andrei Sakharov Archives and Human
Rights Center
Grant
Appropriations authorization... PL 107-246 Sec 7...... 557
Anti-terrorism assistance programs
Appropriations authorization..... PL 87-195 Sec 574..... 275
Apartheid
U.S. policy toward............... PL 99-83 Sec 803...... 687
Appropriations
Obligations (U.S.)
Availability and closing....... 31 USC 1552-1555...... 1010
Availability following 31 USC 1558........... 1014
resolution of protest.
Appropriations--Continued
Remaining balances
Availability................... 31 USC 1502........... 1010
Requests for
Submission to President........ 31 USC 1108........... 1008
Appropriations, fiscal year 1984
Foreign aid programs............. PL 98-151............. 701
Appropriations, fiscal year 1988
Foreign aid programs............. PL 100-202............ 1001
Appropriations, fiscal year 1990
Foreign aid programs............. PL 101-167............ 987
Appropriations, fiscal year 1991
Foreign aid programs............. PL 101-513............ 976
Appropriations, fiscal year 1993
Foreign aid programs............. PL 102-391............ 972
Appropriations, fiscal year 1994
Foreign aid programs............. PL 103-306............ 970
Appropriations, fiscal year 1997
Foreign aid programs............. PL 104-208............ 959
Appropriations, fiscal year 1999
Emergency supplemental........... PL 106-31............. 946
Foreign aid programs............. PL 105-277............ 951
Appropriations, fiscal year 2000
Foreign aid programs............. PL 106-113............ 932
Rescissions...................... PL 106-113 Note....... 932
Appropriations, fiscal year 2001
Foreign aid programs............. PL 106-429............ 916
Appropriations, fiscal year 2002
Foreign aid programs............. PL 107-115............ 914
Supplemental..................... PL 107-206............ 900
General provisions............. PL 107-206 Ch 14...... 912
Appropriations, fiscal year 2003
Continuing....................... PL 107-229............ 895
Emergency Wartime Supplemental... PL 108-11............. 879
Foreign aid programs............. PL 108-7.............. 809
PL 108-11............. 879
Arab League-U.S. relations
Boycott of Israel
Sense of Congress.............. PL 108-7 Sec 535...... 854
Arab-Israeli conflict
(see Middle East)
Arbitration
Nationalizations
Foreign aid cut-off............ PL 87-195 Sec 300
620(e)(1).
Armed Forces
(see Military)
Armenia-U.S. relations
Foreign aid, 2003................ PL 108-7 Title II..... 823
Arms control
Conventional arms transfers
Negotiations to limit.......... PL 99-83 Sec 129...... 641
Report to Congress............. PL 99-83 Sec 129...... 641
Conventional weapons
Developing nations............. PL 93-559 Sec 51...... 778
Foreign military budgets
Foreign aid considerations..... PL 87-195 Sec 620(s).. 305
Former Soviet Union
Foreign aid eligibility waiver. PL 107-206 Sec 302.... 912
International strategy
Report to Congress............. PL 107-228 Sec 1309... 576
Key Verification Assets Fund
Appropriations authorization... PL 107-228 Sec 1102... 566
Less-developed countries
Limiting conventional arms..... PL 99-83 Sec 129...... 641
Lethal products
Review of...................... PL 95-92 Sec 27....... 764
Military aid considerations...... PL 87-195 Sec 511..... 246
Arms control--Continued
South Asia
Findings of Congress........... PL 87-195 Sec 620F.... 318
Sense of Congress.............. PL 87-195 Sec 620F.... 318
U.S. foreign policy goals........ PL 90-629 Sec 1....... 389
Verification and compliance
Appropriations authorization... PL 107-228 Sec 1101... 565
Arms Export Control Act............ PL 90-629............. 385
Foreign aid...................... PL 87-195 Sec 636(g).. 334
Arms sales
Foreign persons
Economic sanctions against..... PL 90-629 Sec 81...... 488
International controls on........ PL 90-629 Sec 1....... 389
Training and related support
Exchange of.................... PL 90-629 Sec 30A..... 426
Report to Congress............. PL 90-629 Sec 30A(d).. 427
Arms sales (U.S.)
Administration of
Expenses....................... PL 90-629 Sec 43...... 470
Appropriations authorization..... PL 90-629 Sec 31...... 427
Cash sales....................... PL 90-629 Sec 22...... 411
Civilian contract personnel
Use of......................... PL 90-629 Sec 42(f)... 470
Commercial exports
Agent fees..................... PL 90-629 Sec 39...... 456
Illegal payments............... PL 94-329 Sec 607..... 771
Items manufactured by U.S. PL 90-629 Sec 30...... 425
Government.
Presidential certification..... PL 90-629 Sec 36(c)... 440
Suspension..................... PL 90-629 Sec 42(e)... 469
Coproduction outside United PL 90-629 Sec 42(b)... 468
States.
Countries not supporting U.S.
anti-terrorism efforts
Prohibited transactions........ PL 90-629 Sec 40A..... 466
Countries supporting
international terrorism
Prohibited transactions........ PL 90-629 Sec 40...... 459
Country exemptions
Bilateral agreements........... PL 90-629 Sec 38(j)... 454
Credit sales..................... PL 90-629 Sec 23...... 413
Appropriations authorization, PL 107-228 Sec 1201... 566
2003.
Audits on private firms........ PL 90-629 Sec 23(f)... 416
Available for countries other PL 90-629 Sec 23(h)... 417
than Israel and Egypt.
Interest rates................. PL 90-629 Sec 23(c)... 416
Report to Congress............. PL 90-629 Sec 23(g)... 416
Credits
Repayment...................... PL 96-92 Sec 17(b).... 736
Defense Trade Application System
Automation of.................. PL 107-228 Sec 1403... 588
Egypt............................ PL 99-83 Sec 101(d)... 644
Eligibility of foreign countries. PL 90-629 Sec 3....... 392
End-use monitoring............... PL 90-629 Sec 40A..... 466
Foreign governments
Authorized uses of............. PL 90-629 Sec 4....... 400
Foreign intimidation and PL 90-629 Sec 6....... 402
harassment.
Grants
Appropriations, 2003........... PL 108-7 Title III.... 831
Supplemental appropriations, PL 108-11 Ch 5........ 831
2003.
Greece........................... PL 99-83 Sec 101(e)... 644
Guarantees to U.S. entities...... PL 90-629 Sec 24...... 417
Haiti
Eligibility for................ PL 108-7 Sec 551...... 860
Implementation of................ PL 91-672............. 791
Incentive payments
Prohibition on................. PL 90-629 Sec 39A..... 457
Israel........................... PL 99-83 Sec 101(c)... 644
Arms sales (U.S.)--Continued
Israel--Continued
PL 91-672 Sec 5....... 791
Policy on...................... PL 95-92 Sec 26....... 764
Javits reports................... PL 90-629 Sec 25...... 418
Jordan........................... PL 99-83 Sec 130...... 646
Presidential certification..... PL 99-83 Sec 130(c)... 647
Leasing
Authority...................... PL 90-629 Sec 61...... 475
Congressional review........... PL 90-629 Sec 63...... 478
Less-developed countries......... PL 90-629 Sec 1....... 389
Licensed production outside PL 90-629 Sec 42(b)... 468
United States.
Licensing requirements
Country exemptions............. PL 90-629 Sec 38(j)... 454
Military construction services... PL 90-629 Sec 29...... 425
Missiles and missile technology
Export controls................ PL 90-629 Sec 71...... 480
Transfer of.................... PL 90-629 Sec 71...... 480
NATO/CFE countries
Definitions.................... PL 90-629 Sec 95...... 494
Report to Congress............. PL 90-629 Sec 94...... 493
Transfers...................... PL 90-629 Sec 93...... 492
North Atlantic Treaty
Organization
Cooperative projects........... PL 90-629 Sec 27...... 421
Presidential certification....... PL 90-629 Sec 36(b)... 431
Published in Federal Register.. PL 90-629 Sec 36(f)... 444
Presidential waiver.............. PL 90-629 Sec 40(g)... 464
Procurement contracts
Competitive pricing............ PL 90-629 Sec 22(d)... 412
Procurement outside United States PL 90-629 Sec 42(c)... 469
Presidential determination..... PL 90-629 Sec 42(c)... 469
Prohibited countries............. PL 90-629 Sec 40(d)... 461
Regulations...................... PL 90-629 Sec 38...... 445
Reimbursements................... PL 87-195 Sec 524..... 256
Report to Congress............... PL 90-629 Sec 25...... 418
PL 90-629 Sec 36...... 431
PL 90-629 Sec 36(b)... 434
PL 99-83 Sec 106...... 645
Sales from stocks................ PL 90-629 Sec 21...... 402
Saudi Arabia..................... PL 99-83 Sec 131...... 647
Secretary of State's authority... PL 90-629 Sec 2....... 391
Security assistance surveys...... PL 90-629 Sec 26...... 421
Sophisticated weapons
Presidential determination..... PL 90-629 Sec 4....... 400
Restrictions on................ PL 90-629 Sec 4....... 400
Special Defense Acquisition
Established.................... PL 90-629 Sec 51...... 473
Taiwan
Non-NATO ally designation...... PL 107-228 Sec 1206... 567
Transfers
Presidential certification..... PL 90-629 Sec 3(d).... 395
Report to Congress............. PL 90-629 Sec 3(d)(3). 397
Turkey........................... PL 99-83 Sec 101(f)... 645
U.S. persons
Prohibited activities.......... PL 90-629 Sec 72...... 480
Prohibited transactions........ PL 90-629 Sec 40(b)... 460
Unauthorized use of.............. PL 90-629 Sec 3(c).... 392
United Nations obligations....... PL 90-629 Sec 4....... 400
United States Munitions List
Exports and imports............ PL 90-629 Sec 38...... 445
Waivers
Report to Congress............. PL 90-629 Sec 40(g)(2) 464
Worldwide........................ PL 91-672 Sec 6....... 791
Asia-U.S. relations
Amerasian children
Report to Congress............. PL 99-83 Sec 903(b)... 692
Asia-U.S. relations--Continued
Foreign aid
Disadvantaged children......... PL 87-195 Sec 241..... 142
Trade
United States Commercial PL 102-549 Sec 401.... 629
Centers.
Asian Development Bank
Appropriations authorization..... PL 93-189 Sec 28...... 781
Program review, evaluation, and PL 87-195 Sec 156
audit. 301(e)(2).
Asian Development Fund
Appropriations, 2003............. PL 108-7 Title IV..... 834
Australia-U.S. relations
Standardization agreements....... PL 90-629 Sec 21(g)... 407
AWACS
Saudi Arabia
Presidential certification..... PL 99-83 Sec 131...... 647
B
Bahrain-U.S. relations
Establishing categories for PL 101-167 Sec 581.... 995
refugee determinations.
Stinger missiles
Restrictions on................ PL 101-167 Sec 581.... 995
Balance of payments
Foreign aid
Procurement abroad............. PL 87-195 Sec 604..... 283
Baltic States-U.S. relations
Economic Support Fund
Foreign aid, 2003.............. PL 108-7 Title II..... 821
Banks (foreign)
Developing countries
U.S. technical assistance...... PL 87-195 Sec 129..... 79
Banks (international)
(see individual institutions)
(see International financial
institutions)
(see Multilateral development
banks (MDBs))
(see World Bank)
Berlin
(see Germany-U.S. relations)
Bill Emerson Humanitarian Trust
Administration of
Supplemental appropriations, PL 108-11 Title I..... 893
2003.
Biological diversity
Agency for International
Development
Country analysis requirements.. PL 87-195 Sec 119(d).. 70
Protection of
Agency for International PL 87-195 Sec 119(g).. 70
Development.
Foreign aid.................... PL 87-195 Sec 119..... 69
Private and voluntary PL 87-195 Sec 119(f).. 70
organizations.
Blue Lantern Program
Export and import controls....... PL 90-629 Sec 38(g)(7) 453
Bolivia-U.S. relations
Drug control
Supplemental appropriations, PL 106-246 Title III.. 923
2000.
Foreign aid
Conditions for................. PL 99-83 Sec 611...... 659
Bosnia and Herzegovina-U.S.
relations
Economic revitalization
Foreign aid restrictions....... PL 108-7 Title II..... 822
Economic Support Fund
Foreign aid, 2003.............. PL 108-7 Title II..... 822
Restrictions on foreign aid.... PL 108-7 Title II..... 822
Bosnia and Herzegovina-U.S.
relations--Continued
Loan guarantees
Foreign aid, 2003.............. PL 108-7 Title II..... 822
Broadcasting capital improvements
Supplemental appropriations, 2002 PL 107-206 Title I.... 902
Broadcasting, international
Middle East
Supplemental appropriations, PL 108-11 Title I..... 880
2003.
Middle East Television Network
Supplemental appropriations, PL 108-11 Title I..... 880
2003.
Supplemental appropriations, 2002 PL 107-206 Title I.... 901
Brooke-Alexander Amendment
Foreign aid restrictions
Exceptions..................... PL 108-7 Sec 512...... 839
Bulgaria-U.S. relations
Economic Support Fund
Foreign aid, 2003.............. PL 108-7 Title II..... 822
Burma-U.S. relations
Democratization
Report to Congress............. PL 104-208 Sec 570(d). 961
Foreign aid programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Foreign aid restrictions......... PL 104-208 Sec 570.... 960
Supporting democracy
Economic Support Fund PL 108-7 Sec 558...... 863
appropriations.
C
Cambodia-U.S. relations
(see also Indochina War)
Aid prohibition.................. PL 95-424 Sec 602..... 753
Aliens in the United States
Status of...................... PL 106-429 Sec 586.... 916
Defense commitment of United PL 91-652 Sec 7....... 790
States.
Disaster assistance.............. PL 87-195 Sec 495H.... 200
Foreign aid...................... PL 99-83 Sec 905...... 693
Prohibited..................... PL 96-533 Sec 717..... 734
Khmer Rouge
Foreign aid prohibition........ PL 99-83 Sec 906...... 693
Opposing loans to................ PL 108-7 Sec 560...... 864
Canada-U.S. relations
Airports......................... PL 94-329 Sec 608..... 772
Livestock imports................ PL 99-83 Sec 721...... 675
Timber imports................... PL 99-83 Sec 721...... 675
Capital
Social Progress Trust Fund
Transfers from................. PL 93-189 Sec 36...... 783
Capital projects
Agency for International
Development
Credit guarantees.............. PL 102-549 Sec 307.... 629
Developing countries
Report to Congress............. PL 102-549 Sec 305.... 628
Financing of..................... PL 102-549 Sec 306.... 629
Capital stock
African Development Bank
U.S. subscription limitation... PL 108-7 Title IV..... 834
European Bank for Reconstruction
and Development
U.S. subscription limitation... PL 108-7 Title IV..... 834
Increase in
Enterprise for the Americas PL 108-7 Title IV..... 833
Multilateral Investment Fund.
Inter-American Investment PL 108-7 Title IV..... 833
Corporation.
Capital stock--Continued
Increase in--Continued
Multilateral Investment PL 108-7 Title IV..... 833
Guarantee Agency.
Caribbean (eastern)-U.S. relations
Foreign aid
Report to Congress............. PL 96-533 Sec 313..... 725
Caribbean area
International Advisory Commission PL 99-83 Sec 714...... 672
for the Caribbean Region.
Rural electrification program
Sense of Congress.............. PL 99-83 Sec 716...... 672
Caribbean Basin-U.S. relations
Foreign aid
Appropriations, 2003........... PL 108-7 Sec 551...... 860
Caribbean Development Bank......... PL 96-533 Sec 315..... 725
Puerto Rican membership.......... PL 93-559 Sec 52...... 778
Caribbean-U.S. relations
Drug control
Supplemental appropriations, PL 106-246 Title III.. 923
2000.
Hurricane relief assistance...... PL 87-195 Sec 495G.... 200
Central America Democracy, Peace,
and Development Initiative.
Appropriations authorization..... PL 87-195 Sec 465..... 169
Peace in Central America......... PL 87-195 Sec 463..... 167
Policy statement................. PL 87-195 Sec 461..... 166
Central America-U.S. relations
Countries
Defined........................ PL 87-195 Sec 466..... 169
Foreign aid
Central American Development PL 87-195 Sec 464..... 167
Organization.
Conditions for................. PL 87-195 Sec 462..... 167
Coordination of................ PL 87-195 Sec 464..... 167
Peace process
Requests for additional aid.... PL 99-83 Sec 722(k)... 682
Refugee assistance............... PL 87-195 Sec 495I.... 201
Trade Credit Insurance Program... PL 87-195 Sec 224..... 105
Central American Development
Organization
Establishment of................. PL 87-195 Sec 464..... 167
Central Asia-U.S. relations
Foreign aid
Report to Congress............. PL 108-7 Sec 574...... 871
Chemical or biological weapons
Export controls.................. PL 90-629 Sec 81...... 488
Proliferation control............ PL 87-195 Sec 581..... 277
Chemical warfare
Condemnation of.................. PL 97-113 Sec 716..... 711
Chemical Weapons Convention
United States National Authority
Securing OPCW designation...... PL 107-228 Sec 1605(b) 593
U.S. compliance with
Findings of Congress........... PL 107-228 Sec 1605... 593
OPCW designated laboratories... PL 107-228 Sec 1605... 593
Chiefs of diplomatic missions
Authority........................ PL 90-629 Sec 2....... 391
Foreign aid.................... PL 87-195 Sec 622..... 323
PL 87-195 Sec 631..... 330
Child survival activities
Agency for International
Development
Reimbursement of expenses...... PL 108-7 Sec 522...... 844
Child Survival and Health Programs
Fund
Appropriations, 2003............. PL 108-7 Title II..... 812
Supplemental appropriations, 2002 PL 107-206 Title I.... 905
Supplemental appropriations, 2003 PL 108-11 Ch 5........ 885
Children
Asia
Foreign aid.................... PL 87-195 Sec 241..... 142
Children--Continued
Health care
Promoting immunization and oral PL 99-529 Sec 101..... 637
rehydration.
HIV/AIDS assistance
Findings of Congress........... PL 108-25 Sec 311..... 526
Trafficking victims
Findings of Congress........... PL 106-386 Sec 102(b). 600
Children's Medical Relief
International
Foreign aid...................... PL 87-195 Sec 214(d).. 96
Chile-U.S. relations
Foreign aid
Restrictions on................ PL 94-161 Sec 320..... 773
Human rights..................... PL 93-189 Sec 35...... 783
U.S. aid and sales
Conditions on.................. PL 97-113 Sec 726..... 716
China (Republic of)
(see Taiwan)
China-U.S. relations
Nongovernmental organizations
Promoting democracy in......... PL 108-7 Sec 526...... 846
Overseas Private Investment
Corporation
Presidential determination..... PL 87-195 Sec 239(f).. 137
Workers rights................. PL 87-195 Sec 231A(4). 116
Promoting democracy, human PL 108-7 Sec 526...... 846
rights, and the rule of law in.
United Nations Population Fund
Funding prohibition............ PL 108-7 Sec 572...... 870
Claims
(see also Foreign claims)
Foreign aid
Fraudulent..................... PL 87-195 Sec 640A.... 346
Investment disputes.............. PL 87-195 Sec 635(i).. 339
Claims (against United States)
Patents
Foreign aid.................... PL 87-195 Sec 606..... 286
Coal
Federal Coal Export Commission... PL 99-83 Sec 1304..... 699
Collective security
(see Mutual defense)
Colombia-U.S. relations
Andean Counterdrug Initiative
Appropriations, 2003........... PL 108-7 Title III.... 831
Supplemental appropriations, PL 108-11 Ch 5........ 891
2003.
Armed Forces
Certification to Congress...... PL 106-246 Sec 3201... 924
Determination and certification PL 108-7 Sec 564...... 866
for foreign aid.
Report to Congress............. PL 108-7 Sec 564(a)(3) 866
Assisting refugees
Supplemental appropriations, PL 108-11 Ch 5........ 828
2003.
Cano Limon pipeline protection
Supplemental appropriations, PL 107-206 Title I.... 907
2002.
Child soldiers demobilization
Supplemental appropriations, PL 106-246 Title III.. 924
2000.
Cocoa and poppy fumigation
Foreign aid, 2003.............. PL 108-7 Title II..... 827
Colombian Armed Forces training
Supplemental appropriations, PL 107-206 Title I.... 907
2002.
Colombian National Park Service
Foreign aid, 2003.............. PL 108-7 Title II..... 827
Colombian National Police
Training assistance............ PL 108-7 Title II..... 827
Counter-terrorist campaign
Appropriations authorization... PL 107-206 Sec 601.... 910
Drug control
Appropriations authorization... PL 107-206 Sec 601.... 910
Colombia-U.S. relations--Continued
Drug control--Continued
Supplemental appropriations, PL 107-206 Sec 305.... 904
2002.
Supplemental appropriations, PL 108-11 Ch 5........ 890
2003.
Drug control strategy
Report to Congress............. PL 106-246 Sec 3202... 926
Foreign aid
Certification to Congress...... PL 106-246 Sec 3201... 924
PL 106-246 Sec 3207... 930
Notification requirements...... PL 108-7 Sec 520...... 844
Helicopters for Army and Police
Supplemental appropriations, PL 106-246 Title III.. 924
2000.
Human rights
Certification to Congress...... PL 106-246 Sec 3201... 924
Illegal armed groups
Visa denial.................... PL 108-7 Sec 565...... 867
Narcotics control................ PL 96-533 Sec 402(c).. 726
Persons aiding paramilitary
groups
Visa denial.................... PL 106-246 Sec 3205... 930
Plan Colombia
Limitations on support for..... PL 106-246 Sec 3204... 929
Population planning
Funding limitation............. PL 106-246 Sec 3206... 930
U.S. military personnel
Assignment limitation.......... PL 106-246 Sec 3204(b) 928
Assignment limitation waiver... PL 106-246 Sec 3204(c) 928
Visas
Waivers........................ PL 108-7 Sec 565(b)... 868
Commission for the Preservation of PL 99-83 Sec 1303..... 697
America's Heritage Abroad.
Commodities
Surplus
Opposing production of......... PL 108-7 Sec 514...... 840
Commodity Credit Corporation
Bill Emerson Humanitarian Trust
Supplemental appropriations, PL 108-11 Title I..... 893
2003.
Commodity Import Program
Egypt
Appropriations, 2003........... PL 108-7 Title II..... 819
Communist countries
Foreign aid
Countries specified............ PL 87-195 Sec 620(f).. 302
U.S. relations with
Foreign aid.................... PL 87-195 Sec 620(f).. 302
Competition
(see Private enterprise)
Comprehensive Nuclear Test Ban
Treaty Preparatory Commission
U.S. contribution to............. PL 108-7 Title II..... 830
Comptroller General of the United
States
(see General Accounting Office)
Conciliators
(see Arbitration)
Congo, Democratic Republic of-U.S.
relations
Foreign aid
Notification requirements...... PL 108-7 Sec 520...... 844
Congress
(see also Reports to Congress)
Foreign aid
Termination of assistance...... PL 87-195 Sec 617..... 296
Requests for information
Foreign aid.................... PL 87-195 Sec 633A.... 333
Senate procedure................. PL 94-329 Sec 601..... 769
State Department
Oversight of................... PL 92-226 Sec 407..... 788
Contingency fund
Appropriations authorization..... PL 87-195 Sec 451..... 165
Report to Congress............. PL 87-195 Sec 165
451(a)(2).
Contracts repudiated by foreign
governments
Foreign aid cut-off.............. PL 87-195 Sec 300
620(e)(1)(B).
Convention on International Trade PL 108-7 Title II..... 815
in Endangered Species of Wild
Fauna and Flora (CITES)
Activities contrary to
Foreign aid funding prohibited. PL 108-7 Title II..... 815
Cooperative research and
development programs
Non-NATO allies
Lending equipment and supplies. PL 90-629 Sec 65...... 479
Countries (foreign)-U.S. relations
Agricultural commodities
Competing with United States... PL 108-7 Sec 513(b)... 840
Biodiversity in
Protection of.................. PL 108-7 Sec 554...... 862
Commodities
Competing with United States... PL 108-7 Sec 513...... 839
Community-based police assistance PL 108-7 Sec 582...... 876
Report to Congress............. PL 108-7 Sec 582(b)... 876
Destabilizing Sierra Leone
Assistance restrictions........ PL 108-7 Sec 566...... 869
Energy conservation programs
Appropriations, 2003........... PL 108-7 Sec 555...... 862
Foreign aid
Contingent on parking fines PL 108-7 Sec 544...... 858
payment.
High income
Military aid prohibitions...... PL 87-195 Sec 546..... 268
Human rights violations
Assistance limitations......... PL 108-7 Sec 553...... 861
Intellectual property
International protection of.... PL 103-392 Sec 501.... 624
International military education PL 107-228 Sec 1223(b) 568
and training.
Loans from IFIs
Auditing funds and receipts.... PL 104-208 Sec 576.... 962
Major drug transit
Determination.................. PL 87-195 Sec 490(h).. 194
Major illicit drug producing
Determination.................. PL 87-195 Sec 490(h).. 194
Military aid
Eligibility.................... PL 107-327 Sec 203.... 547
Foreign military financing PL 107-228 Sec 1223(c) 568
grants.
PL 107-228 Sec 1223(a) 568
Prohibitions................... PL 87-195 Sec 546..... 268
Military training
Record keeping................. PL 87-195 Sec 548..... 268
Muslim populations
International youth exchange PL 107-206 Title I.... 905
program.
Naval vessels
Grant and sales transfers...... PL 107-228 Sec 1701... 594
Non-proliferation control
capabilities
Foreign aid, fiscal year 2003.. PL 107-228 Sec 1302... 571
Nuclear enrichment transfers
Aid prohibition................ PL 90-629 Sec 101..... 494
Nuclear reprocessing transfers
Assistance prohibition......... PL 90-629 Sec 102..... 496
Promoting good governance
Combating corruption........... PL 87-195 Sec 133..... 91
Foreign aid.................... PL 87-195 Sec 133..... 91
Projects and activities........ PL 87-195 Sec 133(b).. 92
Transparency and accountability PL 87-195 Sec 133..... 91
Promoting good governance
projects
Report to Congress............. PL 87-195 Sec 133(d).. 92
Countries (foreign)-U.S. relations--
Continued
Providing military training
Report to Congress............. PL 108-7 Sec 561...... 864
Restricting U.S. humanitarian
assistance
Foreign aid prohibition........ PL 87-195 Sec 620I.... 320
Security forces
Assistance limitations......... PL 108-7 Sec 553...... 861
Trafficking Victims Protection
Act of 2000
Foreign aid.................... PL 87-195 Sec 134..... 93
Courts
Act of state doctrine............ PL 87-195 Sec 301
620(e)(2).
Venue
Overseas Private Investment PL 87-195 Sec 239(a).. 135
Corporation.
Cuba-Russia relations
Intelligence
Collection of.................. PL 87-195 Sec 498A(d). 217
Cuba-U.S. relations
Drug control..................... PL 99-83 Sec 617...... 661
Drug trafficking
Findings of Congress........... PL 99-83 Sec 617...... 661
Foreign aid
Direct funding prohibition..... PL 108-7 Sec 507...... 837
Prohibited..................... PL 96-533 Sec 717..... 734
PL 95-424 Sec 602..... 753
Foreign aid programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Foreign aid prohibition.......... PL 87-195 Sec 620(a).. 298
Human rights
Sense of Congress.............. PL 99-83 Sec 718...... 674
Intelligence facilities
Support by former Soviet Union. PL 87-195 Sec 498A(d). 217
Refugees......................... PL 96-533 Sec 715..... 733
Deportation of................. PL 96-533 Sec 712..... 733
Currencies (foreign)
(see also Agricultural commodity
sales)
Counterpart funds
Military activities............ PL 93-189 Sec 40...... 785
Educational and cultural exchange PL 87-195 Sec 612..... 292
programs.
Foreign aid...................... PL 87-195 Sec 636..... 341
Accounting..................... PL 87-195 Sec 613..... 294
Military activities............ PL 93-189 Sec 40...... 785
Presidential discretion........ PL 87-195 Sec 614..... 294
Special authority.............. PL 87-195 Sec 648..... 353
Inconvertibility
Overseas Private Investment PL 87-195 Sec 119
Corporation insurance. 234(a)(1)(A).
Maximum use of................... PL 87-195 Sec 612..... 292
Social Progress Trust Fund....... PL 93-189 Sec 36...... 783
Cyprus-Turkey relations
Settlement of conflict........... PL 99-83 Sec 101(f)... 645
Cyprus-U.S. relations
Eastern Mediterranean policy..... PL 95-384 Sec 13...... 754
Economic Support Fund............ PL 99-83 Sec 203...... 651
Foreign aid, 2003.............. PL 108-7 Title II..... 820
Foreign aid...................... PL 87-195 Sec 495..... 197
Negotiations with Turkey......... PL 87-195 Sec 620(x).. 306
Report to Congress............. PL 87-195 Sec 308
620(x)(2).
Settlement in.................... PL 87-195 Sec 620C.... 311
D
Debt-for-development
Nongovernmental
Interest bearing accounts...... PL 108-7 Sec 528...... 848
Local currency investing....... PL 108-7 Sec 528...... 847
Debts (foreign)
Agricultural Trade Development
and Assistance Act of 1954
Reduction of................... PL 87-195 Sec 807..... 378
Commodity credits
Reduction of................... PL 87-195 Sec 807..... 378
Concessional loans
Reduction of................... PL 87-195 Sec 806..... 377
Debt reduction
Cancellation of................ PL 106-113 Sec 501.... 941
Eligible countries............. PL 106-113 Sec 501(d). 941
Exceptions..................... PL 106-113 Sec 501(f). 942
Implementation of.............. PL 87-195 Sec 704(a).. 369
Multilateral debt relief....... PL 106-113 Sec 503.... 943
Payment of principal........... PL 87-195 Sec 705..... 370
Presidential authority......... PL 87-195 Sec 704(a).. 369
Debt-for-nature exchanges........ PL 87-195 Ch 7........ 169
PL 87-195 Sec 802..... 374
Assistance from the Agency for PL 87-195 Ch 7........ 170
International Development.
Authority for.................. PL 87-195 Sec 808..... 379
Eligible countries............. PL 87-195 Ch 7........ 171
Eligible loans and credits..... PL 87-195 Sec 808(a).. 379
Eligible projects.............. PL 87-195 Ch 7........ 170
Sub-Saharan Africa............. PL 87-195 Ch 7........ 172
Terms and conditions........... PL 87-195 Ch 7........ 171
Debt-for-nonproliferation
exchange
Russian Federation............. PL 107-228 Sec 578
1312(a)(9).
Egypt
Report to Congress............. PL 99-83 Sec 1205..... 691
Enhanced HIPC Initiative
Appropriations authorization... PL 108-25 Sec 503..... 535
HIV/AIDS related programs PL 108-25 Sec 501..... 534
requirements.
Inclusion of non-eligible poor PL 108-25 Sec 502..... 535
countries.
Modification of................ PL 108-25 Sec 501..... 533
Foreign Assistance Act of 1961
Reduction of................... PL 87-195 Sec 806..... 377
Forgiveness
Enhanced HIPC Initiative....... PL 108-25 Sec 501..... 533
HIPC Initiative................ PL 106-429 Sec 801.... 917
Israel
Report to Congress............. PL 99-83 Sec 1205..... 691
Latin America
Report to Congress............. PL 99-83 Sec 719...... 674
Portugal
Report to Congress............. PL 99-83 Sec 1205..... 691
Reduction of
Authority to reduce............ PL 87-195 Sec 806..... 377
PL 87-195 Sec 806..... 377
Russian Federation
Annual determination and PL 107-228 Sec 1317(b) 582
certification.
Presidential waiver............ PL 107-228 Sec 1317(c) 582
Reducing obligations to United PL 107-228 Sec 1314... 578
States.
Settlement of.................... PL 94-161 Sec 321..... 773
Turkey
Report to Congress............. PL 99-83 Sec 1205..... 691
Defense articles
Commercial leasing of
Presidential determination..... PL 108-7 Sec 575...... 872
Defense Emergency Response Fund
Supplemental appropriations, 2002 PL 107-206 Title I.... 903
Defense, Department of
Drawdown support
Supplemental appropriations, PL 108-11 Sec 1309.... 884
2003.
PL 108-11 Sec 1307.... 891
Iraq Liberation Act of 1998
Supplemental appropriations, PL 108-11 Sec 1309.... 884
2003.
Operation and maintenance
Supplemental appropriations, PL 107-206 Title I.... 902
2002.
Defense, Secretary of
Military aid administration...... PL 87-195 Sec 623..... 324
Democracy
Countries with significant Muslim
populations
Supporting programs............ PL 108-7 Sec 526...... 847
Programs
Supporting..................... PL 108-7 Sec 526...... 846
Transition initiatives
Appropriations, 2003........... PL 108-7 Title II..... 816
Department of Defense
(see Defense, Department of)
Desalting plant
Development of................... PL 87-195 Sec 219..... 97
Developing countries
Agency for International
Development
Capital projects............... PL 102-549 Sec 302.... 627
Arms sales to
U.S. foreign policy objectives. PL 90-629 Sec 1....... 389
Central banks
U.S. technical assistance PL 87-195 Sec 129..... 79
program.
Cooperatives
Foreign aid.................... PL 87-195 Sec 111..... 57
Foreign aid
Infant feeding practices....... PL 97-113 Sec 301(b).. 706
Foreign governments and banks
U.S. technical assistance PL 87-195 Sec 129..... 79
program.
Health care
Promoting immunization and oral PL 99-529 Sec 101..... 637
rehydration.
Loan guarantees
Appropriations, 2003........... PL 108-7 Title II..... 817
Microenterprises
Foreign aid.................... PL 108-7 Title II..... 817
Natural resources
Foreign aid.................... PL 87-195 Sec 118(c).. 66
Private and voluntary
organizations
Participation.................. PL 87-195 Sec 123..... 73
Private enterprise
Loan guarantees................ PL 87-195 Sec 108..... 54
Secretary of Treasury
Technical assistance program... PL 87-195 Sec 129..... 79
Tropical forests
Conservation of................ PL 87-195 Sec 802..... 374
Eligibility for benefits....... PL 87-195 Sec 805..... 376
Development
(see also Foreign aid)
(see also Less-developed
countries)
(see also United Nations)
Employee stock ownership plans
Expanded use of................ PL 99-83 Sec 713...... 671
International Advisory Commission PL 99-83 Sec 714...... 672
for the Caribbean Region.
Israel
Desalting plant................ PL 87-195 Sec 219..... 97
Development--Continued
Presidential Task Force on PL 99-83 Sec 713...... 671
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.... 347
Development Fund for Africa
Appropriations authorization..... PL 87-195 Sec 497..... 209
Development Loan Committee
Establishment of................. PL 87-195 Sec 122(e).. 73
Diego Garcia
(see Indian Ocean)
Disaster assistance
(see also Foreign aid)
(see also Humanitarian aid)
Africa........................... PL 87-195 Sec 495K.... 202
Foreign aid...................... PL 87-195 Sec 491-495H 194
Appropriations authorization... PL 87-195 Sec 492(a).. 195
Borrowing authority............ PL 87-195 Sec 492(b).. 196
International
Appropriations, 2003........... PL 108-7 Title II..... 815
Supplemental appropriations, PL 108-11 Ch 5........ 885
2003.
Lebanon.......................... PL 87-195 Sec 495J.... 202
Nicaragua........................ PL 87-195 Sec 494..... 196
Pakistan......................... PL 87-195 Sec 494..... 196
Discrimination
Against U.S. personnel
Foreign aid restrictions....... PL 87-195 Sec 666..... 365
Military aid restrictions...... PL 87-195 Sec 505(g).. 241
Military sales restrictions.... PL 90-629 Sec 5....... 401
Report to Congress............. PL 87-195 Sec 505(g).. 241
PL 90-629 Sec 5....... 401
Drug control
Aerial eradication
Herbicides..................... PL 87-195 Sec 481(d).. 175
Afghanistan
Counternarcotics efforts....... PL 107-327 Sec 539
103(a)(3).
Opium producing areas.......... PL 107-327 Sec 105.... 544
Aircraft records retention....... PL 87-195 Sec 485..... 183
Andean Counterdrug Initiative
Appropriations, 2003........... PL 108-7 Title II..... 826
Appropriations authorization..... PL 87-195 Sec 482..... 178
Colombia
Anti-narcotics program......... PL 96-533 Sec 402(c).. 726
U.S. personnel involved........ PL 106-246 Sec 3204(f) 929
Contribution by recipient country PL 87-195 Sec 482(c).. 180
Countries failing to control
Reallocation of assistance PL 87-195 Sec 486..... 183
funds.
Crop eradications
Reimbursement prohibition...... PL 87-195 Sec 483..... 181
Cuba
Findings of Congress........... PL 99-83 Sec 617...... 661
Decertified countries
Foreign aid denial............. PL 87-195 Sec 490(e).. 193
Drug traffickers
Aid prohibition................ PL 87-195 Sec 487..... 184
Expenses to combat terrorism
Supplemental appropriations, PL 107-206 Title I.... 907
2002.
Foreign aid
Certification procedures....... PL 87-195 Sec 490..... 189
Prohibition on using to acquire PL 87-195 Sec 488..... 184
real property.
Report to Congress............. PL 87-195 Sec 489..... 185
Drug control--Continued
Foreign aid--Continued
Report to Congress--Continued
PL 87-195 Sec 489(b).. 188
Weapons and ammunition PL 87-195 Sec 482(b).. 180
procurement restrictions.
Withholding of................. PL 87-195 Sec 490..... 189
Foreign countries
Coordinating U.S. assistance PL 87-195 Sec 481(b).. 174
activities.
Major drug transit PL 87-195 Sec 490(h).. 194
determination.
Foreign governments use of U.S.
aircraft
Control of..................... PL 87-195 Sec 484(b).. 182
Leasing requirement............ PL 87-195 Sec 484..... 182
Report to Congress............. PL 87-195 Sec 484(c).. 183
Foreign policing activities
U.S. participation............. PL 87-195 Sec 481(c).. 174
Illicit narcotics
Alternative economic PL 87-195 Sec 126..... 77
development programs.
Interdictions
Supplemental appropriations, PL 108-11 Ch 5........ 890
2003.
International illicit narcotics
Reobligation of funds.......... PL 97-113 Sec 502..... 707
Sense of Congress.............. PL 87-195 Sec 481..... 172
International narcotics
Definitions.................... PL 87-195 Sec 481(e).. 176
International Narcotics Control PL 87-195 Sec 489(a).. 185
Strategy Report.
Jamaica
Economic Support Fund.......... PL 99-83 Sec 610...... 659
Latin America
Establishing a regional PL 99-83 Sec 615...... 661
organization.
Military equipment transfers... PL 101-167 Sec 573(f). 994
Transfer of funds appropriated. PL 101-167 Sec 569(d). 992
Narcotics interdictions
Appropriations, 2003........... PL 108-7 Title II..... 826
Narcotics traffickers extradition
Report to Congress............. PL 106-246 Sec 3203... 927
Peru............................. PL 99-83 Sec 612...... 660
Plan Colombia
Definition..................... PL 106-246 Sec 3204(h) 930
Limitations on assignment of PL 106-246 Sec 3204(b) 928
U.S. military personnel.
Limitations on support for..... PL 106-246 Sec 3204... 929
Report to Congress on costs.... PL 106-246 Sec 3203(e) 929
Traffickers
Accessing foreign bank accounts PL 99-83 Sec 619...... 663
U.S. military and civilian
personnel in Colombia
Report to Congress............. PL 106-246 Sec 3203(f) 929
Using aircraft
Providing defensive weapons.... PL 99-83 Sec 607...... 658
E
East Timor-U.S. relations
Relief for
Sense of Congress.............. PL 96-533 Sec 408..... 727
Economic aid
(see Foreign aid)
Economic Support Fund.............. PL 87-195 Ch 4 Note... 257
Administration of justice
Assistance in support of....... PL 87-195 Sec 534..... 264
PL 108-7 Sec 536...... 855
Afghanistan...................... PL 99-83 Sec 904...... 693
Appropriations authorization..... PL 87-195 Sec 532..... 259
Economic Support Fund--Continued
Appropriations, 2003............. PL 108-7 Title II..... 819
Authority........................ PL 87-195 Sec 531..... 258
Burma
Supporting democracy in........ PL 108-7 Sec 558...... 863
Commodity Import Program
Minimum allowance for.......... PL 97-113 Sec 203..... 706
Commodity import programs
Africa......................... PL 99-83 Sec 801...... 685
Cyprus........................... PL 99-83 Sec 203...... 651
Appropriations, 2003........... PL 108-7 Title II..... 820
Egypt............................ PL 99-83 Sec 202(b)... 651
PL 95-92 Sec 9........ 762
Appropriations, 2003........... PL 108-7 Title II..... 819
Supplemental appropriations, PL 108-11 Ch 5........ 887
2003.
Emergency assistance............. PL 87-195 Sec 533..... 264
Expenses to combat terrorism
Supplemental appropriations, PL 107-206 Title I.... 905
2002.
Funds available for minority PL 99-83 Sec 315...... 654
enterprises.
Indonesia
Appropriations, 2003........... PL 108-7 Title II..... 820
International youth exchange
program
Appropriations, 2003........... PL 108-7 Title II..... 820
Israel........................... PL 99-83 Sec 202...... 650
Appropriations, 2003........... PL 108-7 Title II..... 819
Loan guarantees................ PL 108-11 Ch 5........ 889
Supplemental appropriations, PL 107-206 Title I.... 906
2002.
Jordan
Appropriations, 2003........... PL 108-7 Title II..... 820
Modifying direct loans and PL 108-7 Title II..... 820
guarantees.
Supplemental appropriations, PL 108-11 Ch 5........ 887
2003.
Kimberley Process Certification
Scheme
Appropriations, 2003........... PL 108-7 Title II..... 820
Lebanon
Appropriations, 2003........... PL 108-7 Title II..... 820
Nuclear facilities
Restrictions on funding........ PL 99-83 Sec 207...... 653
Pakistan
Appropriations, 2003........... PL 108-7 Title II..... 820
Modifying direct loans and PL 108-7 Title II..... 820
guarantees.
Supplemental appropriations, PL 107-206 Title I.... 905
2002.
Portugal......................... PL 99-83 Sec 204...... 652
Southern Africa.................. PL 99-83 Sec 802...... 686
Sudan, National Democratic
Alliance of
Foreign aid, 2003.............. PL 108-7 Title II..... 821
Timor-Leste
Appropriations, 2003........... PL 108-7 Title II..... 820
Tunisia.......................... PL 99-83 Sec 805...... 688
Turkey
Supplemental appropriations, PL 108-11 Ch 5........ 887
2003.
Supplemental authorization, PL 96-92 Sec 27....... 738
1979.
West Bank and Gaza
Appropriations, 2003........... PL 108-7 Title II..... 820
Zaire............................ PL 99-83 Sec 804...... 688
Ecuador-U.S. relations
Drug control
Supplemental appropriations, PL 106-246 Title III.. 923
2000.
Education
Foreign aid
Appropriations authorization... PL 87-195 Sec 105..... 49
International University for the
Americas
Report to Congress............. PL 102-549 Sec 604.... 632
Schools (abroad)
Sponsored by U.S. citizens..... PL 87-195 Sec 214..... 96
Education and human resources
Developmental assistance
Appropriations authorization... PL 87-195 Sec 105..... 49
Educational and cultural exchange
Foreign currencies............... PL 87-195 Sec 612..... 292
Foreign currencies from arms PL 87-195 Sec 505(f).. 240
sales.
Supplemental appropriations, 2002 PL 107-206 Title I.... 912
Egypt-Israel relations
Peace process.................... PL 99-83 Sec 1206..... 696
Egypt-U.S. relations
Arms sales....................... PL 99-83 Sec 101(d)... 644
Grants......................... PL 108-7 Title III.... 831
Commodity Import Program
assistance
Appropriations, 2003........... PL 108-7 Title II..... 819
Economic conditions
Impact on foreign debt......... PL 99-83 Sec 1205..... 691
Economic Support Fund............ PL 99-83 Sec 202(b)... 651
Foreign aid, 2003.............. PL 108-7 Title II..... 819
Supplemental appropriations, PL 108-11 Ch 5........ 887
2003.
Peace negotiations............... PL 95-384 Sec 28...... 757
El Salvador-U.S. relations
Assistance restrictions.......... PL 97-113 Sec 730..... 721
Community-based police
Foreign aid.................... PL 108-7 Sec 582...... 876
Foreign aid...................... PL 97-113 Sec 728..... 718
Findings of Congress........... PL 99-83 Sec 702...... 663
Suspension of.................. PL 99-83 Sec 702(g)... 666
Military aid..................... PL 101-513 Sec 531.... 976
Conditions for................. PL 98-151 Sec 701
101(b)(2).
Murders of American churchwomen
Releasing information on....... PL 108-7 Sec 586...... 878
Police training
Foreign aid for................ PL 87-195 Sec 660(d).. 360
Program for strengthening PL 101-513 Sec 531(h). 979
democracy.
Refugee assistance............... PL 87-195 Sec 495I.... 201
PL 97-113 Sec 731..... 721
Report to Congress............... PL 97-113 Sec 729..... 720
U.S. aid
Conditions on.................. PL 97-113 Sec 727-730. 717
Emergency Supplemental Act, 2000... PL 106-246............ 923
Emergency Wartime Supplemental PL 108-11............. 879
Appropriations Act, 2003.
Emigration
(see Immigration (foreign))
Employees (U.S.)
Exporting production
Restrictions under this Act.... PL 102-549 Sec 801.... 634
Endangered species
Foreign aid...................... PL 87-195 Sec 119..... 69
Protection of
Foreign aid.................... PL 87-195 Sec 119..... 69
Report to Congress............. PL 87-195 Sec 119(h).. 71
Energy, Department of
Foreign aid programs............. PL 87-195 Sec 106(c).. 52
Enterprise for the Americas
Americas Framework Agreement..... PL 87-195 Sec 708..... 371
Report to Congress............. PL 87-195 Sec 710..... 373
Enterprise for the Americas Act of PL 102-549 Sec 601.... 632
1992.
Enterprise for the Americas Board
Functions........................ PL 87-195 Sec 709..... 372
Tropical Forest Agreements
Advice on...................... PL 87-195 Sec 811(b).. 382
Enterprise for the Americas
Facility
Country eligibility
Presidential determination..... PL 87-195 Sec 703(b).. 369
Debt reduction................... PL 87-195 Sec 703..... 368
Enterprise for the Americas
Facility--Continued
Foreign aid
Country eligibility............ PL 87-195 Sec 703(a).. 368
Enterprise for the Americas Fund
Establishment of................. PL 87-195 Sec 707..... 370
Enterprise for the Americas PL 87-195 Sec 701..... 367
Initiative.
Definitions...................... PL 87-195 Sec 702..... 367
Enterprise for the Americas
Multilateral Investment Fund
Capital stock increase........... PL 108-7 Title IV..... 833
Environment
Biodiversity
Protection of.................. PL 108-7 Sec 554...... 862
Developing countries
Findings of Congress........... PL 87-195 Sec 117..... 65
Developmental programs
U.S. policies toward........... PL 101-513 Sec 533.... 980
Global Warming Initiative........ PL 101-513 Sec 533.... 980
U.S. policies toward........... PL 101-167 Sec 534.... 989
Greenhouse gases
Report on costs to reduce...... PL 108-7 Sec 555...... 862
Multilateral development banks
Report to Congress............. PL 102-391 Sec 532(c). 973
Natural resources
Foreign aid.................... PL 87-195 Sec 117..... 65
Tropical forests
Protection of.................. PL 108-7 Sec 554...... 862
Equatorial Guinea-U.S. relations
Foreign aid...................... PL 96-533 Sec 314..... 725
Europe (Eastern)-U.S. relations
Economic Support Fund
Foreign aid, 2003.............. PL 108-7 Title II..... 821
Overseas Private Investment
Corporation
Presidential determinatio...... PL 87-195 Sec 239(f).. 137
SEED Act of 1989
Foreign aid, 2003.............. PL 108-7 Title II..... 821
European Bank for Reconstruction
and Development
Appropriations, 2003............. PL 108-7 Title IV..... 834
European Bank for Reconstruction PL 101-513 Sec 562(c). 982
and Development Act.
European Security Act of 1998
Findings of Congress............. PL 107-187 Sec 2...... 596
Excess defense articles
Arms sales
Defined........................ PL 90-629 Sec 47(1)... 471
Defined.......................... PL 87-195 Sec 644(g).. 351
Leasing to foreign countries..... PL 90-629 Sec 61...... 475
To certain countries
Using fiscal year 2003 funds... PL 107-228 Sec 1231... 569
Transfer of
Drug enforcement activities.... PL 101-167 Sec 573(f). 994
Notification requirements...... PL 108-7 Sec 524...... 845
U.S. transfer
Congressional notification..... PL 87-195 Sec 516(f).. 254
U.S. transfer to NATO's southern PL 87-195 Sec 253
flank. 516(c)(2).
Excess property
Required use of.................. PL 87-195 Sec 608..... 288
Transfer to voluntary agencies... PL 87-195 Sec 607..... 286
Executive agreements
(see Executive-legislative
relations)
Executive-legislative relations
(see also War powers)
Arms sales....................... PL 90-629 Sec 36(b)... 434
Export controls
Arms sales....................... PL 90-629............. 385
Export controls--Continued
Chemical or biological weapons
Economic sanctions............. PL 90-629 Sec 81...... 488
Missiles and missile technology
Secretary of Defense........... PL 90-629 Sec 71...... 480
Secretary of State............. PL 90-629 Sec 71...... 480
Export-Import Bank
Appropriations
Rescission of funds............ PL 107-206 Title I.... 910
Conflict diamonds
Funding limitations............ PL 108-7 Sec 583...... 877
Financing by
Limitations on................. PL 87-195 Sec 632(f).. 332
Nuclear equipment exports
Funds restrictions............. PL 108-7 Title I...... 809
Overseas Private Investment
Corporation
Appropriations, 2003........... PL 108-7 Title I...... 811
Noncredit account.............. PL 108-7 Title I...... 811
Program account................ PL 108-7 Title I...... 811
PL 106-113 Title I.... 933
Program limitation, 2003......... PL 108-7 Title I...... 809
Subsidy costs
Appropriations, 2000........... PL 106-113 Title I.... 933
Appropriations, 2003........... PL 108-7 Title I...... 810
Tied-aid credits
Appropriations, 2000........... PL 106-113 Title I.... 933
Appropriations, 2003........... PL 108-7 Title I...... 810
Exports
(see also Trade)
Federal Coal Export Commission... PL 99-83 Sec 1304..... 699
Multilateral development banks
Additional procurement officers PL 102-549 Sec 501.... 632
Munitions List license
applications
Electronic system.............. PL 107-228 Sec 1403... 588
United States Commercial Centers. PL 102-549 Sec 401.... 629
Weapons
Control capabilities........... PL 107-228 Sec 1302... 571
Expropriation
Defined.......................... PL 87-195 Sec 238(b).. 134
F
Family planning
(see Population planning)
Federal Coal Export Commission..... PL 99-83 Sec 1304..... 699
Report to Congress............... PL 99-83 Sec 1304(f).. 700
Federal Reports Elimination and
Sunset Act of 1995
Foreign aid
Report to Congress............. PL 87-195 Note........ 31
Female genital mutilation
International financial
institutions
U.S. opposition to............. PL 104-208 Sec 579.... 963
Financial Institution Advisory
Commission, International
Establishment of................. PL 105-277 Sec 603.... 955
Fisheries
Seizure of U.S. vessels
Foreign aid cut-off............ PL 87-195 Sec 620(o).. 305
Food
(see also Agricultural commodity
sales)
(see also Agriculture)
(see also Food aid program)
(see also Food and Agricultural
Organization)
World hunger
Findings of Congress........... PL 97-113 Sec 712..... 710
World security reserves.......... PL 97-113 Sec 711..... 709
Food aid
Agricultural research............ PL 87-195 Sec 103A.... 32
PL 87-195 Sec 296..... 143
Definition of terms............ PL 87-195 Sec 296(d)- 147
(h).
International cooperation...... PL 87-195 Sec 297..... 148
Board for International Food and PL 87-195 Sec 298..... 151
Agricultural Development.
Harvest losses................... PL 96-533 Sec 317..... 726
International Fertilizer
Development Center
U.S. participation............. PL 87-195 Sec 301(f).. 156
International Food Policy
Research Institute
U.S. participation............. PL 87-195 Sec 301(h).. 156
Long-term agricultural commodity
agreements
Report to Congress............. PL 99-83 Sec 1008..... 695
Portugal......................... PL 94-329 Sec 409..... 767
Private voluntary organizations.. PL 96-533 Sec 316..... 725
Report to Congress............... PL 87-195 Sec 300..... 154
Food and agricultural development
International
Board for...................... PL 87-195 Sec 298..... 151
Food and Agricultural Organization
Food reserves.................... PL 93-189 Sec 39...... 785
Food for Peace Program
Sense of Congress................ PL 92-226 Sec 2....... 787
Food production
Foreign aid...................... PL 93-559 Sec 55...... 779
Food sales
(see Agricultural commodity
sales)
Food supplies
(see also Food aid)
Domestic production levels....... PL 93-189 Sec 39...... 785
U.N. conference on............... PL 93-189 Sec 39...... 785
Foreign aid
(see also Agency for
International Development)
(see also Food aid)
(see also Humanitarian aid)
(see also Overseas Private
Investment Corporation)
Administration of................ PL 87-195 Sec 621-640C 322
Personnel...................... PL 87-195 Sec 624-631. 324
African Development Foundation... PL 96-533 Sec 502..... 727
Agreements or grants
Restrictions on................ PL 87-195 Sec 611..... 291
Agreements prohibiting taxation
of
Report to Congress............. PL 108-7 Sec 579(f)... 875
Agricultural commodities
(foreign)
Assistance restrictions........ PL 108-7 Sec 513(b)... 840
Agriculture program.............. PL 87-195 Sec 103..... 32
Alien employees
Participation in programs...... PL 87-195 Sec 635(f).. 338
Allocation changes............... PL 87-195 Sec 653..... 354
American resources, products, and
services
Use of......................... PL 108-7 Sec 541...... 857
Anti-terrorism assistance PL 87-195 Sec 571-574. 273
programs.
Foreign aid--Continued
Anti-terrorism programs
Appropriations, 2002........... PL 107-206 Title I.... 908
Appropriations, 2003........... PL 108-7 Title II..... 829
Appropriated funds
Special authorities............ PL 108-7 Sec 534...... 851
Appropriations
Ceilings and earmarks.......... PL 108-7 Sec 539...... 856
Obligation restrictions........ PL 108-7 Sec 501...... 809
Reprogramming of funds......... PL 108-7 Sec 538...... 856
Appropriations authorization, PL 98-151 Sec 701
1984. 101(b)(2).
Appropriations, 2003............. PL 108-7 Title I...... 809
Program, project, and activity PL 108-7 Sec 521...... 844
defined.
Arms Export Control Act.......... PL 87-195 Sec 636(g).. 334
Audits........................... PL 87-195 Sec 339
635(g)(5).
Authority to authorize........... PL 87-195 Sec 295
614(a)(4).
Presidential waivers........... PL 87-195 Sec 614(b).. 296
Authorization reduction
Fiscal year 1979............... PL 95-424 Sec 601..... 753
Availability of funds............ PL 108-7 Sec 511...... 838
Bilateral
Rescission of funds............ PL 107-206 Title I.... 910
Bilateral assistance to terrorist
countries
Funding prohibition............ PL 108-7 Sec 527...... 847
Budgets of developing countries
Transparency and accountability PL 108-7 Sec 585...... 877
Burma programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Cash transfers
Separate accounts.............. PL 108-7 Sec 529(b)... 849
Children
Asia........................... PL 87-195 Sec 241..... 142
Chile
Restrictions on................ PL 94-161 Sec 320..... 773
Commodities (foreign)
Assistance restrictions........ PL 108-7 Sec 513...... 839
Communist countries
Countries specified............ PL 87-195 Sec 620(f).. 302
Consolidation of accounts........ PL 87-195 Sec 610..... 290
Cost-sharing with foreign PL 87-195 Sec 110..... 56
countries.
Countries in default
Assistance limitations......... PL 108-7 Sec 512...... 839
Countries restricting U.S.
humanitarian assistance
Aid prohibition................ PL 87-195 Sec 620I.... 320
Country programs
State Department authority..... PL 108-7 Title II..... 821
Cuba programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Cyprus
Humanitarian assistance........ PL 87-195 Sec 495..... 197
Debt burdens
Selected countries............. PL 97-113 Sec 723..... 715
Democratic institutions.......... PL 87-195 Sec 281..... 142
Deobligation/reobligation PL 108-7 Sec 510...... 838
authority.
Destruction of surplus weapons
stockpiles
Appropriations authorization, PL 107-228 Sec 1241... 570
2003.
Developing countries
Technology development......... PL 87-195 Sec 107..... 53
Development assistance
Loan guarantees................ PL 108-7 Title II..... 817
Development Coordination PL 87-195 Sec 640B.... 347
Committee.
Development Credit Program PL 108-7 Title II..... 817
Account.
Disaster assistance.............. PL 87-195 Sec 491..... 194
Foreign aid--Continued
Disaster assistance--Continued
Africa......................... PL 87-195 Sec 495K.... 202
Appropriations authorization... PL 87-195 Sec 492(a).. 195
Borrowing authority............ PL 87-195 Sec 492(b).. 196
Coordination for............... PL 87-195 Sec 493..... 196
Discrimination against U.S. PL 87-195 Sec 666..... 365
personnel.
Drinking water supply projects... PL 108-7 Title II..... 815
Drug control
Illicit narcotics production... PL 87-195 Sec 126..... 77
Earmarked funds
Reprogramming.................. PL 108-7 Sec 538...... 856
Economic Support Fund
Appropriations authorization... PL 87-195 Sec 532..... 259
Education
Appropriations authorization... PL 87-195 Sec 105..... 49
Elimination of trafficking
Assistance for................. PL 87-195 Sec 134..... 93
Endangered species............... PL 87-195 Sec 119..... 69
Energy programs.................. PL 87-195 Sec 106(a).. 49
Evaluation of programs and PL 87-195 Sec 125..... 76
projects.
Excess defense articles
Defined........................ PL 87-195 Sec 644(g).. 351
Excess property
Required use of................ PL 87-195 Sec 608..... 288
Transfer to voluntary agencies. PL 87-195 Sec 607..... 286
Fiscal year appropriations....... PL 87-195 Note........ 24
Fiscal year availability of funds PL 87-195 Note........ 25
Foreign Assistance Act of 1961... PL 87-195............. 15
Definition of terms............ PL 87-195 Sec 644..... 350
Foreign Assistance Act of 1962... PL 87-565............. 808
Foreign Assistance Act of 1963... PL 88-205............. 807
Foreign Assistance Act of 1964... PL 88-633............. 806
Foreign Assistance Act of 1965... PL 89-171............. 805
Foreign Assistance Act of 1966... PL 89-583............. 804
Foreign Assistance Act of 1967... PL 90-137............. 803
Foreign Assistance Act of 1968... PL 90-554............. 801
Foreign Assistance Act of 1969... PL 91-175............. 794
Foreign Assistance Act of 1971... PL 92-226............. 787
Foreign Assistance Act of 1973... PL 93-189............. 781
Foreign Assistance Act of 1974... PL 93-559............. 775
Foreign currencies............... PL 87-195 Sec 636..... 341
U.S. security.................. PL 87-195 Sec 295
614(a)(2).
Foreign Military Financing
Program
Funds use restrictions......... PL 108-7 Sec 549...... 860
Funding prohibitions............. PL 87-195 Sec 620..... 298
Funds
Limit on obligations........... PL 87-195 Note........ 25
Transfer between programs...... PL 87-195 Sec 109..... 56
PL 87-195 Sec 610..... 290
PL 87-195 Sec 632..... 331
Health services.................. PL 87-195 Sec 104(c).. 35
Appropriations authorization... PL 87-195 Sec 104(g).. 41
HIV/AIDS....................... PL 87-195 Sec 104A.... 42
Malaria........................ PL 87-195 Sec 104C.... 49
Tuberculosis................... PL 87-195 Sec 104B.... 47
HIV/AIDS
Assistance authorization....... PL 87-195 Sec 104A(c). 42
Report to Congress............. PL 87-195 Sec 104A(e). 46
Human rights..................... PL 96-533 Sec 710..... 732
Inter-American Commission...... PL 87-195 Sec 158
302(a)(2).
Human rights conditions.......... PL 87-195 Sec 116..... 59
Human rights repression
Funding prohibition............ PL 102-391 Sec 511.... 972
Impact on jobs in United States.. PL 108-7 Sec 533...... 851
Incidental expenses.............. PL 87-195 Sec 636..... 341
Independent states of the former PL 87-195 Sec 498..... 211
Soviet Union.
Foreign aid--Continued
Independent states of the former
Soviet Union--Continued
PL 87-195 Ch 11....... 211
Appropriations authorization... PL 87-195 Sec 498C.... 221
Criteria for assistance........ PL 87-195 Sec 498A.... 214
Cuban intelligence facilities.. PL 87-195 Sec 498A(d). 217
Report to Congress............. PL 87-195 Sec 498A(c). 216
Infant feeding practices......... PL 97-113 Sec 301(b).. 706
International financial
institutions
Opposing loans to certain PL 104-208 Sec 579.... 963
countries.
International military education
and training
Funds use restrictions......... PL 108-7 Sec 549...... 860
International organizations
Appropriations authorization... PL 87-195 Sec 302..... 157
Integration of women........... PL 87-195 Sec 305..... 161
Report to Congress............. PL 87-195 Sec 306..... 161
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
International organizations and PL 87-195 Sec 301..... 154
programs.
Audit of....................... PL 87-195 Sec 301(d).. 155
International Private Investment PL 87-195 Sec 601(c).. 281
Advisory Council on Foreign Aid.
Iran programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Iraq programs
Withholding of funds........... PL 87-195 Sec 307..... 162
Iraq Relief and Reconstruction
Fund
Appropriations, 2003........... PL 108-11 Ch 5........ 886
Italy
Disaster assistance............ PL 87-195 Sec 495B.... 197
Land mine removal
Agency for International PL 108-7 Sec 547...... 859
Development grants.
Latin America and the Caribbean
Report to Congress............. PL 99-83 Sec 709...... 670
Least developed countries
Emphasis on.................... PL 87-195 Sec 124..... 76
Lebanon
Certification on troop PL 107-228 Sec 1224... 569
deployment.
Disaster assistance............ PL 87-195 Sec 495C.... 198
Less-developed countries
Agricultural programs.......... PL 87-195 Sec 222A.... 700
Libya programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Loans
Accelerated repayments......... PL 87-195 Sec 127..... 78
Defaults on.................... PL 93-559 Sec 56...... 780
General authorities............ PL 87-195 Sec 122..... 72
Reducing bilateral............. PL 87-195 Sec 209..... 94
Local currencies
Separate accounts.............. PL 108-7 Sec 529...... 848
Malaria
Assistance authorization....... PL 87-195 Sec 104C(c). 49
Management innovations
Systems analysis............... PL 87-195 Sec 621A.... 323
Micro- and small enterprise
development credits
Findings of Congress........... PL 87-195 Sec 108..... 54
Microenterprise development
Loan guarantees................ PL 108-7 Title II..... 817
Middle East
International contributions.... PL 94-161 Sec 322..... 774
Minority business participation.. PL 95-88 Sec 133...... 759
Minority Resource Center......... PL 98-151 Sec 703
101(b)(2).
Minority set-aside............... PL 99-83 Sec 315...... 654
Foreign aid--Continued
Minority set-aside--Continued
PL 98-151 Sec 701
101(b)(2).
Multilateral
Rescission of funds............ PL 107-206 Title I.... 910
Natural resources
Tropical forests............... PL 87-195 Sec 118..... 66
Nongovernmental organizations
Donated space on commercial PL 107-206 Sec 602.... 911
ships.
Nonproliferation and export PL 87-195 Sec 581..... 277
control assistance.
North Korea programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Nutrition........................ PL 87-195 Sec 103..... 32
Olympic games boycott............ PL 96-533 Sec 718..... 734
Palestine Liberation Organization
programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Personnel
(see also Peace Corps)
Assignments.................... PL 87-195 Sec 627-630. 328
Consultants.................... PL 87-195 Sec 626..... 327
Officers....................... PL 87-195 Sec 624..... 324
Official expenses.............. PL 87-195 Sec 636..... 341
Police training prohibited....... PL 87-195 Sec 660..... 358
Policy
Findings and sense of Congress. PL 87-195 Sec 101-102. 19
Political repression abroad...... PL 93-189 Sec 32...... 782
Poor
Determining target populations. PL 87-195 Sec 128..... 78
Population Development Assistance
Appropriations................. PL 87-195 Note........ 24
Population planning.............. PL 87-195 Sec 104(b).. 35
Appropriations authorization... PL 87-195 Sec 104(g).. 41
Findings of Congress........... PL 87-195 Sec 104..... 35
President
Discretionary assistance PL 87-195 Sec 106(d).. 52
activities.
Private and voluntary
organizations
Assisting in development....... PL 87-195 Sec 123..... 73
Encouraging involvement in..... PL 87-195 Sec 601..... 279
Procurement abroad............... PL 87-195 Sec 604..... 283
Procurement from small businesses PL 94-329 Sec 602..... 771
Program changes
Congressional notification..... PL 87-195 Sec 634A.... 336
Programs
Notification requirements...... PL 108-7 Sec 515...... 840
Prohibited circumstances
Presidential certification..... PL 90-629 Sec 101(b).. 495
Provided through private and PL 99-83 Sec 710...... 671
voluntary organizations.
Public Law 480
Report to Congress............. PL 108-7 Sec 537(b)... 855
Supplemental appropriations, PL 108-11 Title I..... 893
2003.
Reappraisal of................... PL 90-554 Part V...... 801
Refugees
Africa......................... PL 87-195 Sec 495F.... 199
Report to Congress............... PL 87-195 Note........ 30
PL 87-195 Sec 634..... 333
PL 97-113 Sec 722..... 714
Human rights violations in PL 87-195 Sec 502B(b). 231
assistance recipient countries.
Sunset Act..................... PL 87-195 Note........ 31
Reprogramming of funds........... PL 87-195 Sec 634A.... 336
Restrictions
Other eligibilities............ PL 108-7 Sec 537...... 855
Romania
Disaster assistance............ PL 87-195 Sec 495D.... 198
Rural development................ PL 87-195 Sec 103..... 32
Foreign aid--Continued
Sahel Development Program........ PL 87-195 Sec 120..... 71
Secretary of State
Responsibilities............... PL 87-195 Sec 622..... 323
Self-help development aid........ PL 95-88 Sec 131...... 759
Services and commodities......... PL 87-195 Sec 607..... 286
Small and micro-enterprise PL 87-195 Sec 108..... 54
development.
South Caucasus and Central Asia
Administrative authorities..... PL 87-195 Sec 499E.... 236
Authorization for assistance... PL 87-195 Sec 499(b).. 224
PL 87-195 Sec 499A(b). 224
PL 87-195 Sec 499C(b). 225
PL 87-195 Sec 499D(b). 236
Authorization for programs..... PL 87-195 Sec 499B(b). 225
Border control assistance...... PL 87-195 Sec 499C.... 225
Development of infrastructure.. PL 87-195 Sec 499B.... 225
Promoting democracy and PL 87-195 Sec 499D.... 236
tolerance.
Promoting economic growth and PL 87-195 Sec 499A.... 224
development.
Promoting reconciliation and PL 87-195 Sec 499..... 224
recovery.
Soviet Union (former),
independent states of
Authorities for assistance..... PL 87-195 Sec 498B.... 218
Special authorities.............. PL 87-195 Note........ 29
Special Foreign Assistance Act of PL 91-652............. 789
1971.
Special Foreign Assistance Act of PL 99-529............. 637
1986.
Special missions abroad.......... PL 87-195 Sec 631..... 330
Sub-Saharan Africa
Report to Congress............. PL 101-513 Sec 562(c). 982
Supplemental appropriations, 2003
Transfers between accounts..... PL 108-11 Sec 1501.... 884
Syria programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Targeting for poor............... PL 87-195 Sec 128..... 78
Termination of
Countries involved in nuclear PL 90-629 Sec 102(b).. 497
transfers.
Termination of programs
Expenses assistance............ PL 87-195 Sec 617(c).. 297
Terrorism
Prohibited to countries PL 87-195 Sec 620A.... 308
supporting.
Trade and Development Agency
Appropriations authorization... PL 87-195 Sec 661(f).. 363
Development programs........... PL 87-195 Sec 661..... 361
Transfer of funds
Congressional notification..... PL 108-11 Sec 1501.... 884
Inspector General audit of..... PL 108-7 Sec 50(d).... 809
Limitations on................. PL 108-11 Sec 1501.... 884
Presidential justification..... PL 108-7 Sec 509(c)... 838
Restrictions on................ PL 108-7 Sec 509...... 838
Transportation expenses.......... PL 87-195 Sec 636..... 341
Tuberculosis
Assistance authorization....... PL 87-195 Sec 104B(c). 47
Turkey
Disaster assistance............ PL 87-195 Sec 495E.... 199
U.S. assistance
Prohibition on taxation of..... PL 108-7 Sec 579...... 874
U.S. private and voluntary
organizations
Funding restrictions........... PL 108-7 Sec 502...... 809
U.S. small business participation PL 87-195 Sec 602..... 282
Unexpended balances
Disposition of................. PL 87-195 Sec 645..... 353
Utilizing nongovernmental
organizations
Study on....................... PL 99-83 Sec 311...... 653
Victims of torture............... PL 87-195 Sec 130..... 84
Foreign aid--Continued
Volunteer organizations
Approved by Agency for PL 87-195 Sec 635(c).. 338
International Development.
Withholding of
Presidential determination..... PL 106-386 Sec 110(d). 615
Women in development process..... PL 87-195 Sec 113..... 58
World Food Program
Allocation of funds............ PL 87-195 Note........ 29
Foreign aid, fiscal year 1991
General provisions............... PL 101-513 Title V.... 976
Foreign aid, fiscal year 1993
General provisions............... PL 102-391 Title V.... 972
Foreign aid, fiscal year 1994
Supplemental appropriations...... PL 103-306 Title VI... 970
Foreign aid, fiscal year 1996
General provisions............... PL 104-208 Title V.... 959
Foreign aid, fiscal year 1999
General provisions............... PL 105-277 Title V.... 951
Foreign aid, fiscal year 2003
Continuing appropriations........ PL 107-229 Sec 101.... 895
Limited funding................ PL 107-229 Sec 111.... 897
General provisions............... PL 108-7 Title V...... 835
Foreign assistance
(see Foreign aid)
Foreign Assistance and Related PL 98-151 Sec 701
Programs Appropriations Act, 1984. 101(b)(1).
Foreign Claims Settlement
Commission
Foreign aid cut-off.............. PL 87-195 Sec 300
620(e)(1).
Foreign currencies
(see Currencies (foreign))
Foreign gifts and decorations
(see Gifts (foreign))
Foreign governments
(see Governments (foreign))
Foreign Military Financing Program
Colombian Armed Forces
Assistance appropriations, 2003 PL 108-7 Title III.... 831
Supplemental appropriations, PL 108-11 Ch 5........ 891
2003.
Support for.................... PL 108-7 Title II..... 827
Foreign aid funds restrictions... PL 108-7 Sec 549...... 860
Grants
Appropriations authorization, PL 107-228 Sec 1223(a) 568
2003.
NATO Participation Act of 1994
Assistance authorization....... PL 107-187 Sec 5...... 598
Procurement of defense articles PL 108-11 Ch 5........ 831
and services.
PL 108-7 Title III.... 831
Supplemental appropriations, 2002 PL 107-206 Title I.... 909
Foreign military sales
Refinancing program.............. PL 100-202 Title III.. 1001
Foreign Military Sales Act
(see Arms Export Control Act)
Foreign Military Sales Act PL 91-672............. 791
Amendments of 1971.
Foreign ministers
(see Ambassadors)
Foreign Operations, Export PL 100-202 Sec 101(e). 1001
Financing, and Related Programs
Appropriations Act, 1988.
Foreign Operations, Export PL 101-167............ 987
Financing, and Related Programs
Appropriations Act, 1990.
Foreign Operations, Export PL 101-513............ 976
Financing, and Related Programs
Appropriations Act, 1991.
Foreign Operations, Export PL 102-391............ 972
Financing, and Related Programs
Appropriations Act, 1993.
Foreign Operations, Export PL 104-208............ 959
Financing, and Related Programs
Appropriations Act, 1997.
Foreign Operations, Export PL 105-277............ 951
Financing, and Related Programs
Appropriations Act, 1999.
Foreign Operations, Export PL 106-113............ 932
Financing, and Related Programs
Appropriations Act, 2000.
Foreign Operations, Export PL 106-429............ 916
Financing, and Related Programs
Appropriations Act, 2001.
Foreign Operations, Export PL 107-115............ 914
Financing, and Related Programs
Appropriations Act, 2002.
Foreign Operations, Export PL 108-7.............. 809
Financing, and Related Programs
Appropriations Act, 2003.
Foreign Operations, Export PL 103-306 Title VI... 970
Financing, and Related Programs
Supplemental Appropriations Act,
1994.
Foreign Service Reserve Officers
Assignments
Foreign aid program............ PL 87-195 Sec 625..... 325
Language and experience related PL 87-195 Sec 625(i).. 327
Foreign trade
(see Trade)
France-U.S. relations
Arms control
Limiting conventional arms PL 99-83 Sec 129...... 641
transfers.
Fuel supplies
Use in foreign aid program....... PL 87-195 Sec 647..... 353
Fugitives
(see Refugees)
G
Gabon-U.S. relations
Albert Schweitzer Hospital
Foreign aid.................... PL 93-189 Sec 33...... 782
General Accounting Office
Foreign aid
Account auditing............... PL 87-195 Sec 339
635(g)(5).
General Framework Agreement for
Peace in Bosnia and Herzegovina
Foreign aid certification, 2003.. PL 108-7 Title II..... 822
Gerald B.H. Solomon Freedom PL 107-187............ 596
Consolidation Act of 2002.
Germany-U.S. relations
Air defense agreements........... PL 99-83 Sec 132...... 648
West Berlin
Foreign aid.................... PL 87-195 Sec 614(b).. 296
Gifts (U.S.)
Foreign aid appropriations
Prohibition.................... PL 87-195 Sec 451(c).. 165
Glenn Amendment
Countries involved in nuclear
reprocessing transfers
Assistance prohibition......... PL 90-629 Sec 102..... 496
Global Environment Facility (GEF)
Appropriations, 2003............. PL 108-7 Title IV..... 833
Global security.................... PL 97-113 Sec 710..... 709
Gorgas Memorial Institute
Appropriations authorization..... PL 93-559 Sec 47...... 776
Governments (foreign)-U.S.
relations
Airport security................. PL 99-83 Sec 551...... 657
Central banks
U.S. technical assistance PL 87-195 Sec 129..... 79
program.
Chemical or biological weapons
exports
Economic sanctions............. PL 90-629 Sec 81...... 488
Debt relief arrangements
Report to Congress............. PL 102-391 Sec 548.... 974
Developing countries
U.S. technical assistance PL 87-195 Sec 129..... 79
program.
Foreign aid personnel assigned to PL 87-195 Sec 627..... 328
Lethal weapons exports
Foreign aid funding prohibition PL 108-7 Sec 543...... 857
Military aid
Defense articles............... PL 90-629 Sec 21(l)... 409
Defense articles returned...... PL 90-629 Sec 21(m)... 410
Military coups
Certification for foreign aid.. PL 108-7 Sec 508...... 837
Foreign aid funding prohibition PL 108-7 Sec 508...... 837
Greece-U.S. relations
Arms sales....................... PL 99-83 Sec 101(e)... 644
Arms sales credits
Repayment...................... PL 96-92 Sec 17(b).... 736
Resolution in Cyprus............. PL 87-195 Sec 620C.... 311
Guatemala-U.S. relations
Belize independence
Recognition of................. PL 99-83 Sec 703(g)... 667
Foreign aid
Conditions for................. PL 99-83 Sec 703...... 666
Suspension of.................. PL 99-83 Sec 703(d)... 667
International military education
and training
Restriction on................. PL 108-7 Title III.... 830
Murders of American citizens
Releasing information on....... PL 108-7 Sec 586...... 878
H
Haiti-U.S. relations
Arms sales
Eligibility for................ PL 108-7 Sec 551...... 860
Assistance in recovering stolen PL 99-529 Sec 204..... 641
assets.
Defense articles purchase
Notification requirements...... PL 108-7 Sec 551...... 860
Democracy in
Findings of Congress........... PL 99-529 Sec 201..... 638
Foreign aid
Conditions for................. PL 99-83 Sec 705...... 668
Notification requirements...... PL 108-7 Sec 520...... 844
Prohibitions on................ S 2757 Sec 111........ 635
Provided through private and PL 99-83 Sec 705...... 668
voluntary organizations.
Foreign aid, 1984
Conditions for................. PL 98-151 Sec 703
101(b)(2).
Foreign aid, 1987................ PL 99-529 Sec 202..... 639
Immigration (illegal) to United
States
Halting........................ PL 99-83 Sec 705(d)... 669
Military aid, 1987
Authorization.................. PL 99-529 Sec 203..... 649
Conditions on.................. PL 99-529 Sec 203..... 649
Refugees......................... PL 98-151 Sec 703
101(b)(2).
Haiti-U.S. relations--Continued
Refugees--Continued
PL 97-113 Sec 721..... 714
Health care
Children
Promoting immunization and oral PL 99-529 Sec 101..... 637
rehydration.
Heavily Indebted Poor Countries
(HIPC) Trust Fund
U.S. contributions to
Appropriations authorization... PL 106-429 Sec 801(b). 918
Herbicides
Drug control uses................ PL 87-195 Sec 481(d).. 175
Hickenlooper Amendment............. PL 87-195 Sec 300
620(e)(1).
Hijackings
TWA Flight 847
Sense of Congress.............. PL 99-83 Sec 558...... 658
HIV/AIDS
Antiretroviral treatment
Distribution increase.......... PL 108-25 Sec 402..... 531
Assistance for children and
families
Findings of Congress........... PL 108-25 Sec 311..... 526
Pilot program.................. PL 108-25 Sec 314..... 528
Public-private programs........ PL 108-25 Sec 315..... 529
Combating
Activities supported........... PL 87-195 Sec 104A(d). 43
Findings of Congress........... PL 87-195 Sec 104A(a). 42
U.S. policy on................. PL 87-195 Sec 104A(b). 42
Developing countries
Improving injection safety..... PL 108-25 Sec 306..... 525
Research, treatment, and PL 108-7 Sec 522...... 844
control of.
Epidemic
Findings of Congress........... PL 108-25 Sec 2....... 505
U.S. policies on............... PL 108-25 Sec 2....... 510
Findings of Congress............. PL 108-25 Sec 2....... 505
Global fight against
U.S. response to............... PL 108-25 Sec 4....... 511
Global Fund
Private contributions to....... PL 108-25 Sec 202(h).. 519
Report to Congress............. PL 108-25 Sec 202(c).. 516
U.S. contribution to........... PL 108-7 Title II..... 813
U.S. participation............. PL 108-25 Sec 202..... 516
Global treatment of individuals
infected
Report to Congress............. PL 108-25 Sec 305..... 524
Integrated strategy to combat
Established by the President... PL 108-25 Sec 101..... 511
Promoting public-private PL 108-25 Sec 201..... 516
partnerships.
International AIDS Vaccine
Initiative
U.S. contribution to........... PL 87-195 Sec 302(l).. 160
Latin America and the Caribbean
Findings of Congress........... PL 108-25 Sec 2....... 505
Mother-to-child transmission
Report to Congress............. PL 108-25 Sec 313..... 527
Overseas areas
Placing U.S. health care PL 108-25 Sec 304..... 523
professionals.
Prescription drugs
Illegal diversion of........... PL 108-25 Sec 307..... 525
Sub-Saharan Africa
Findings of Congress........... PL 108-25 Sec 2....... 505
Private sector assistance...... PL 108-25 Sec 404..... 532
U.S. activities to combat
Coordinator of................. PL 108-25 Sec 202(e).. 519
World global impact
Findings of Congress........... PL 108-25 Sec 2....... 505
HIV/AIDS, tuberculosis, and malaria
Combating
Allocation of appropriations... PL 108-25 Sec 403..... 532
Appropriations authorization... PL 108-25 Sec 401..... 531
Integrated strategy to combat
Report to Congress............. PL 108-25 Sec 101(b).. 512
Honduras-U.S. relations
Foreign aid
Appropriations, 2003........... PL 108-7 Sec 551...... 860
Police training
Foreign aid for................ PL 87-195 Sec 660(d).. 360
Refugees......................... PL 99-83 Sec 704...... 668
Hong Kong-U.S. relations
Promoting democracy, human PL 108-7 Sec 526...... 846
rights, and the rule of law in.
Hospitals (abroad)
Sponsored by U.S. citizens
Foreign aid.................... PL 87-195 Sec 214..... 96
Hostages (U.S.)
Iraq and Kuwait
Benefits to.................... PL 101-513 Sec 599C... 984
Lebanon
Benefits to.................... PL 101-513 Sec 599C... 984
Housing
Less-developed countries......... PL 87-195 Sec 221-223. 98
Housing guaranties
Less-developed countries
Appropriations authorization... PL 87-195 Sec 222..... 98
Human rights
Chile
Inter-American Commission on... PL 93-189 Sec 35...... 783
Cuba
Sense of Congress.............. PL 99-83 Sec 718...... 674
Female genital mutilation
U.S. opposition to............. PL 104-208 Sec 579.... 963
Foreign aid...................... PL 87-195 Sec 502B.... 229
Foreign aid conditioned on....... PL 87-195 Sec 116..... 59
Guatemala
Findings of Congress........... PL 99-83 Sec 703(h)... 667
Indonesia
Military aid................... PL 108-7 Sec 569...... 869
Inter-American Commission on..... PL 87-195 Sec 158
302(a)(2).
Korea
Erosion of..................... PL 94-329 Sec 412..... 768
Mexico
Prisoners (U.S.)............... PL 94-329 Sec 408..... 767
Overseas Private Investment PL 87-195 Sec 239(i).. 138
Corporation.
Reaffirmation of congressional PL 97-113 Sec 713..... 710
support.
Report to Congress............... PL 87-195 Sec 502B(b). 231
Severe forms of trafficking.... PL 87-195 Sec 502B(h). 234
Security assistance conditioned PL 87-195 Sec 502B(b). 231
on.
Status of
Report to Congress............. PL 87-195 Sec 116(d).. 60
Human Rights and Democracy Fund of PL 108-7 Sec 526...... 847
the Bureau of Democracy.
Human Rights and Foreign Assistance
Interagency Group on............. PL 96-533 Sec 710..... 732
Hungary-U.S. relations
Overseas Private Investment
Corporation
Presidential determination..... PL 87-195 Sec 239(f).. 137
Hunger
Findings of Congress............. PL 97-113 Sec 712..... 710
Hunger prevention
(see Food aid)
I
Immigration (U.S.)
Alien employees of U.S. PL 87-195 Sec 635(f).. 338
Government.
Amerasians
Admission to United States..... PL 100-202 Sec 584.... 1004
Imports
Educational and cultural
materials
(see Educational and cultural
exchange)
Indian Ocean
Military forces deployed......... PL 94-329 Sec 407..... 767
Indochina War
International Commission of PL 93-559 Sec 48...... 776
Control and Supervision.
Laotian Agreement and Protocol PL 93-189 Sec 34...... 782
(1973).
Limitation on funds for.......... PL 93-189 Sec 31...... 781
Termination of................... PL 93-189 Sec 30...... 781
Tonkin Gulf Resolution
Repealed....................... PL 91-672 Sec 12...... 793
Vietnam Agreement (1973)......... PL 93-189 Sec 34...... 782
Indonesia-U.S. relations
Activities to combat terrorism
Supplemental appropriations, PL 107-206 Title I.... 908
2002.
Economic Support Fund
Foreign aid, 2003.............. PL 108-7 Title II..... 820
International military education
and training
Restrictions on................ PL 108-7 Title III.... 830
Military aid
Presidential certification..... PL 108-7 Sec 569...... 869
Training police forces
Supplemental appropriations, PL 107-206 Title I.... 907
2002.
Indus Basin Development
Grants
Appropriations authorization... PL 87-195 Sec 158
302(b)(2).
Loans
Appropriations authorization... PL 87-195 Sec 158
302(b)(1).
U.S. contributions............... PL 87-195 Sec 303..... 160
Infant feeding practices
Developing countries
Report to Congress............. PL 97-113 Sec 301(b).. 706
Institute for Scientific and PL 96-53 Sec 401-414.. 740
Technological Cooperation.
Intellectual property
Protection of.................... PL 103-392 Sec 501.... 624
Intelligence (foreign)
Cuba-Russia relations............ PL 87-195 Sec 498A(d). 217
Russia-U.S. relations............ PL 87-195 Sec 498A(d). 217
Inter-American Commission on Human
Rights
Chile............................ PL 93-189 Sec 35...... 783
Support of....................... PL 87-195 Sec 158
302(a)(2).
Inter-American Development Bank
Social Progress Trust Fund PL 93-189 Sec 36...... 783
Agreement (1961).
Inter-American Foundation
Abolition of..................... PL 106-113 Sec 586.... 937
Report to Congress............. PL 106-113 Sec 586(e). 937
Activities
Authorities for................ PL 108-7 Sec 532...... 851
Appropriations, 2003............. PL 108-7 Title II..... 825
Social Progress Trust Fund....... PL 93-189 Sec 36...... 783
Inter-American Foundation Act...... PL 91-175 Part IV..... 795
Inter-American Investment
Corporation
Capital stock increase
Appropriations, 2003........... PL 108-7 Title IV..... 833
Inter-American Social Development
Institute
(see Inter-American Foundation)
Interagency Group on Human Rights PL 96-533 Sec 710..... 732
and Foreign Assistance.
Interagency Task Force to Monitor PL 106-386 Sec 105.... 606
and Combat Trafficking.
International Advisory Commission PL 99-83 Sec 714...... 672
for the Caribbean Region.
International agreements
(see Executive-legislative
relations)
International AIDS Vaccine
Initiative
Appropriations, 2003............. PL 108-7 Title II..... 813
U.S. contribution to............. PL 87-195 Sec 302(l).. 160
International Anti-Terrorism
Committee
Establishment of................. PL 99-83 Sec 506...... 656
International Atomic Energy Agency-
U.S. relations
Appropriations, 2003
Restrictions on................ PL 108-7 Title II..... 829
Assistance to Iran
Report to Congress............. PL 107-228 Sec 1344... 587
Budget assessment increase....... PL 107-228 Sec 1305... 572
Country specific programs
Report to Congress............. PL 107-228 Sec 1344... 587
Findings of Congress............. PL 107-228 Sec 1305... 572
Foreign aid funding prohibitions. PL 108-7 Title IV..... 834
Israel participation
Report to Congress............. PL 108-7 Title II..... 830
Programs and projects review
Report to Congress............. PL 107-228 Sec 1343... 587
Voluntary contributions.......... PL 107-228 Sec 1305... 572
International Bank for
Reconstruction and Development
(see World Bank)
International Civil Aviation
Organization
Enforcement of standards......... PL 99-83 Sec 554...... 657
International Coffee Organization
Appropriations, 2003............. PL 108-7 Title IV..... 834
United States rejoining in 2003.. PL 108-7 Title IV..... 834
International Committee of the Red
Cross
Appropriations, 2003............. PL 108-7 Title II..... 828
Magen David Adom Society of PL 108-7 Title II..... 829
Israel.
International Development and Food PL 94-161............. 773
Assistance Act of 1975.
International Development and Food PL 95-88 Sec 1........ 758
Assistance Act of 1977.
International Development and Food PL 95-424............. 750
Assistance Act of 1978.
International Development
Association
Appropriations, 2003............. PL 108-7 Title IV..... 833
International Development PL 96-53 Sec 1........ 739
Cooperation Act of 1979.
International Disaster Assistance
Appropriations, 2003............. PL 108-7 Title II..... 815
Supplemental appropriations, 2002 PL 107-206 Title I.... 905
Supplemental appropriations, 2003 PL 108-11 Ch 5........ 885
International Fertilizer PL 108-7 Title II..... 815
Development Center.
International Financial Institution
Advisory Commission
Establishment of................. PL 105-277 Sec 603.... 955
Report to Congress............... PL 105-277 Sec 603(g), 956
(i).
International financial
institutions (IFIs)
(see also Multilateral
development banks)
Countries (foreign)
Auditing funds and receipts.... PL 104-208 Sec 576.... 962
Female genital mutilation
U.S. opposition to............. PL 104-208 Sec 579.... 963
Financial management reform...... PL 108-7 Sec 573...... 870
Opposing loans to Cambodia....... PL 108-7 Sec 560...... 864
International financial programs PL 105-277 Title VI... 955
and reform.
International Food and Agricultural
Development
Board for........................ PL 87-195 Sec 298..... 151
International Food Policy Research
Institute
U.S. participation............... PL 87-195 Sec 301(h).. 156
International Fund for Agricultural
Development
Resources increase
Appropriations, 2003........... PL 108-7 Title IV..... 834
U.S. participation............... PL 87-195 Sec 103(g).. 32
International law
(see Arbitration)
(see Organization of American
States)
(see United Nations)
International Monetary Fund
Policy implementation
Certification of............... PL 106-429 Sec 918
801(c)(1)(B).
Practices consistent with U.S.
policies
Report to Congress............. PL 106-113 Sec 504(e). 945
Principles for lending
U.S. goals..................... PL 106-429 Sec 805.... 921
Structural reform efforts
Report to Congress............. PL 105-277 Sec 606.... 957
International Narcotics Control PL 87-195 Sec 489(a).. 185
Strategy Report.
International Organization for
Migration
Appropriations, 2003............. PL 108-7 Title II..... 828
International organizations
(see also respective
institutions)
Foreign aid personnel assigned to PL 87-195 Sec 628..... 328
Funding contributed by the United
States
Report to Congress............. PL 87-195 Sec 307(b).. 163
International Atomic Energy
Agency
Foreign aid funding prohibition PL 108-7 Title IV..... 834
International Coffee Organization
Appropriations, 2003........... PL 108-7 Title IV..... 834
U.S. voluntary contributions..... PL 99-83 Sec 402...... 654
Report to Congress............. PL 87-195 Sec 306..... 161
International Organizations and
Conferences
Supplemental appropriations, 2002 PL 107-206 Title I.... 901
International organizations and
programs
Appropriations, 2003............. PL 108-7 Title IV..... 834
Limitation of funds appropriated. PL 108-7 Sec 516...... 841
International organizations-U.S.
relations
Military aid
Eligibility.................... PL 107-327 Sec 203.... 547
International Private Investment PL 87-195 Sec 601(c).. 281
Advisory Council on Foreign Aid.
International Scientific and PL 96-53 Sec 407...... 744
Technological Cooperation, Council
on.
International Security and PL 98-151 Sec 701
Development Assistance 101(b)(2).
Authorizations Act of 1983.
International Security and PL 96-533............. 723
Development Cooperation Act of
1980.
International Security and PL 97-113............. 705
Development Cooperation Act of
1981.
International Security and PL 99-83.............. 643
Development Cooperation Act of
1985.
International Security Assistance PL 95-92.............. 762
Act of 1977.
International Security Assistance PL 95-384............. 754
Act of 1978.
International Security Assistance PL 96-92.............. 736
Act of 1979.
International Security Assistance PL 94-329............. 765
and Arms Export Control Act of
1976.
International University for the
Americas
Progress toward establishing
Report to Congress............. PL 102-549 Sec 604.... 632
Report to Congress............... PL 102-549 Sec 604.... 633
Investment
Defined.......................... PL 87-195 Sec 238(a).. 134
Foreign resistance to
Foreign aid cut-off............ PL 87-195 Sec 620(l).. 304
Guaranties
Disputes....................... PL 87-195 Sec 635(i).. 339
Investment abroad (private)
Advisory council on.............. PL 87-195 Sec 601(c).. 281
Iran Nuclear Proliferation PL 107-228 Sec 1341... 586
Prevention Act of 2002.
Iran-Russia relations
Foreign aid, 2003
Technical assistance PL 108-7 Title II..... 824
prohibitions.
Iran-U.S. relations
Democracy and human rights
Support for.................... PL 108-7 Sec 526...... 847
Foreign aid
Direct funding prohibition..... PL 108-7 Sec 507...... 837
Foreign aid programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
International Atomic Energy
Agency assistance
Report to Congress............. PL 107-228 Sec 1344... 587
Iraq
U.N. sanctions against
Countries not in compliance.... PL 108-7 Sec 531...... 850
Iraq Freedom Fund
Supplemental appropriations, 2003 PL 108-11 Title I..... 881
PL 108-11 Title I..... 882
Pakistan reimbursement......... PL 108-11 Sec 1310.... 884
Iraq Liberation Act of 1998
Drawdown support
Supplemental appropriations, PL 108-11 Sec 1309.... 884
2003.
Iraq Relief and Reconstruction Fund
Appropriations, 2003............. PL 108-11 Ch 5........ 886
Congressional notification....... PL 108-11 Ch 5........ 886
Iraq Sanctions Act of 1990......... PL 101-513 Sec 586.... 983
Iraq Sanctions Act of 1992
Provisions of
Suspension by President........ PL 108-11 Sec 1503.... 892
Iraq-U.S. relations
Economic Support Fund
Supporting Iraqi opposition PL 108-7 Sec 567...... 869
groups.
Supporting political transition PL 108-7 Sec 567...... 869
Foreign aid
Direct funding prohibition..... PL 108-7 Sec 507...... 837
Funds subject to reprogramming PL 108-11 Sec 1502.... 884
procedures.
Foreign aid programs
Withholding of U.S. PL 87-195 Sec 307..... 162
proportionate funds.
Humanitarian aid
Report to Congress............. PL 108-7 Sec 507...... 837
U.S. security interests........ PL 108-7 Sec 507...... 837
Iraq-U.S. relations--Continued
Iraq Relief and Reconstruction
Fund
Appropriations, 2003........... PL 108-11 Ch 5........ 886
Military aid
Nonlethal military equipment... PL 108-11 Sec 1504.... 892
Military operations
Supplemental appropriations, PL 108-11 Title I..... 881
2003.
Natural Resources Risk
Remediation Fund
Supplemental appropriations, PL 108-11 Title I..... 882
2003.
Post conflict strategy
Report to Congress............. PL 108-11 Sec 1506.... 893
Radio broadcasting to
Supplemental appropriations, PL 108-11 Title I..... 880
2003.
Ireland, International Fund for
Economic Support Fund
Foreign aid, 2003.............. PL 108-7 Title II..... 821
Israel-Egypt relations
Peace process.................... PL 99-83 Sec 1206..... 696
Israel-U.S. relations
Air base construction............ PL 87-195 Sec 561..... 272
Arab League boycott
Sense of Congress.............. PL 108-7 Sec 535...... 854
Arms sales....................... PL 99-83 Sec 101(c)... 644
PL 91-672 Sec 5....... 791
Advanced weapons systems....... PL 108-7 Title III.... 831
PL 108-11 Ch 5........ 891
Grants......................... PL 108-7 Title III.... 831
Desalting plant.................. PL 87-195 Sec 219..... 97
Economic conditions
Impact on foreign debt......... PL 99-83 Sec 1205..... 691
Economic Support Fund............ PL 99-83 Sec 202...... 650
Appropriations, 2003........... PL 108-7 Title II..... 819
Loan guarantees................ PL 108-11 Ch 5........ 889
Supplemental appropriations, PL 107-206 Title I.... 906
2002.
International Atomic Energy
Agency
Participation in............... PL 108-7 Title II..... 829
Loan guarantees.................. PL 87-195 Sec 226..... 108
Fiscal year allocations........ PL 87-195 Sec 226(b).. 108
Limitations on amount.......... PL 87-195 Sec 226(d).. 109
Report to Congress............. PL 87-195 Sec 226(k).. 111
Peace negotiations............... PL 95-384 Sec 28...... 757
Italy-U.S. relations
Disaster assistance
Appropriations authorization... PL 87-195 Sec 495B.... 197
J
Jamaica-U.S. relations
Community-based police assistance
Foreign aid.................... PL 108-7 Sec 582...... 876
Economic Support Fund
Aid contingent on drug control. PL 99-83 Sec 610...... 659
Japan-U.S. relations
Standardization agreements....... PL 90-629 Sec 21(g)... 407
Javits reports
Arms sales
Annual estimate and PL 90-629 Sec 25...... 418
justification.
Jobs Through Exports Act of 1992... PL 102-549............ 626
Jobs Through Trade Expansion Act of PL 103-392............ 624
1994.
Jordan-U.S. relations
Arms sales....................... PL 99-83 Sec 130...... 646
Grants......................... PL 108-11 Ch 5........ 831
Debt relief
Appropriations, 1994........... PL 103-306 Title VI... 970
Direct loans and guarantees
Appropriations, 2003........... PL 108-7 Title II..... 820
Jordan-U.S. relations--Continued
Economic Support Fund
Supplemental appropriations, PL 108-11 Ch 5........ 887
2003.
Foreign aid...................... PL 96-533 Sec 712..... 733
Jordan
Appropriations, 2003........... PL 108-7 Title II..... 820
Logistical support
Reimbursement for.............. PL 108-11 Sec 1310.... 884
PL 107-206 Title I.... 902
Middle East peace................ PL 99-83 Sec 130...... 646
K
Kazakhstan-U.S. relations
Foreign aid
Conditions for................. PL 108-7 Sec 574...... 871
Waiver of...................... PL 108-7 Sec 574...... 871
Kenneth M. Ludden Foreign PL 107-115............ 914
Operations, Export Financing, and
Related Programs Appropriations
Act, 2002.
Korea (Republic of)-U.S. relations
Armed Forces modernization....... PL 95-384 Sec 23...... 755
Cooperation in U.S. PL 95-92 Sec 28....... 764
investigations.
Defense articles transferred..... PL 91-652 Sec 3-4..... 789
Democratization.................. PL 99-83 Sec 908...... 694
Human rights..................... PL 94-329 Sec 412..... 768
Troop withdrawal................. PL 95-384 Sec 23...... 755
Korean Peninsula Energy Development
Organization (KEDO)
Assistance prohibition........... PL 108-7 Sec 562...... 865
Foreign aid funding prohibition.. PL 108-7 Title IV..... 834
Foreign aid, 2003................ PL 108-7 Title II..... 829
Presidential determination....... PL 108-7 Sec 562(c)... 865
Presidential waiver.............. PL 108-7 Sec 562...... 865
Kosovo-U.S. relations
Economic Support Fund
Foreign aid, 2003.............. PL 108-7 Title II..... 822
Training programs for women
Appropriations, 2003........... PL 108-7 Title II..... 822
L
Land mines
Demining and clearance of
Appropriations, 2003........... PL 108-7 Title II..... 830
Demining and removal equipment
Agency for International PL 108-7 Sec 547...... 859
Development grants.
Language requirements
Foreign aid personnel............ PL 87-195 Sec 625(i).. 327
Laos-U.S. relations
Aliens in the United States
Status of...................... PL 106-429 Sec 586.... 916
Indochina War
Agreement and Protocol on PL 93-189 Sec 34...... 782
(1973).
Latin America
Education
(see Education)
Latin America-U.S. relations
Administration of justice
Assistance in support of....... PL 108-7 Sec 536...... 855
Economic Support Fund PL 87-195 Sec 534..... 264
assistance.
Drug control
Transfer of funds appropriated. PL 101-167 Sec 569(d). 992
Foreign debt
Report to Congress............. PL 99-83 Sec 719...... 674
Latin America-U.S. relations--
Continued
Trade
United States Commercial PL 102-549 Sec 401.... 629
Centers.
Lavi aircraft
Foreign military sales loans for PL 99-83 Sec 101(c)... 644
Leasing
Defense equipment
Excess defense articles........ PL 90-629 Sec 61...... 475
Presidential authority......... PL 90-629 Sec 61...... 475
Report to Congress............. PL 90-629 Sec 61...... 475
PL 90-629 Sec 62...... 477
Waiver of costs................ PL 90-629 Sec 61...... 475
Strategic and critical materials
Restrictions on................ PL 90-629 Sec 65(c)... 479
Lebanon-U.S. relations
Armed Forces
Deployment to Lebanon-Israeli PL 107-228 Sec 1224... 569
border.
Civil strife
Sense of Congress.............. PL 94-329 Sec 410..... 768
Economic Support Fund
Foreign aid, 2003.............. PL 108-7 Title II..... 820
Foreign aid...................... PL 87-195 Sec 495C.... 198
PL 87-195 Sec 495J.... 202
Presidential certification on PL 107-228 Sec 1224... 569
deployment of Armed Forces.
Resolution of crisis............. PL 97-113 Sec 715..... 710
Legislative Reorganization Acts
(1946 and 1970)
Foreign affairs oversight........ PL 92-226 Sec 407..... 788
Less-developed countries
(see also Africa-U.S. relations)
(see also Latin America-U.S.
relations)
Agricultural commodity imports
(see Agricultural commodity
sales)
Arms control
Limiting conventional weapons.. PL 99-83 Sec 129...... 641
Sophisticated weapons.......... PL 90-629 Sec 4....... 400
Foreign aid
Agricultural programs.......... PL 87-195 Sec 222A.... 700
Liberia-U.S. relations
Foreign aid
Conditions for................. PL 99-83 Sec 807...... 689
Notification requirements...... PL 108-7 Sec 520...... 844
Military aid
Prohibitions on................ PL 108-7 Title III.... 832
Library of Congress
Russian Leadership Program
Establishment of............... PL 106-31 Sec 3011.... 946
Libya-U.S. relations
Foreign aid
Direct funding prohibition..... PL 108-7 Sec 507...... 837
Foreign aid programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Imports and exports
Prohibition on................. PL 99-83 Sec 504...... 655
Terrorism........................ PL 97-113 Sec 718..... 712
Loan guarantees
Developing countries
Appropriations, 2003........... PL 108-7 Title II..... 817
Locust plagues
Africa
Foreign aid.................... PL 95-424 Sec 120..... 751
Lodge Commission
Negotiations to implement........ PL 92-226 Sec 410..... 788
Loyalty
(see Refugees)
M
Magen David Adom Society of Israel
International Committee of the PL 108-7 Title II..... 829
Red Cross activities.
Malaria
Combating
Coordination efforts........... PL 87-195 Sec 104C(d). 49
Findings of Congress........... PL 87-195 Sec 104C(a). 49
U.S. policy on................. PL 87-195 Sec 104C(b). 49
Resurgence of
World Health Organization PL 108-25 Sec 2....... 507
estimates.
Vaccine development programs
U.S. contribution to........... PL 87-195 Sec 302(m).. 160
Mediation
(see Arbitration)
Mediterranean (Eastern)-U.S.
relations
Military aid..................... PL 87-195 Sec 620C.... 311
Military balance maintenance..... PL 101-167 Sec 573(e). 994
Merchant marine (U.S.)
Defense articles shipped by...... PL 87-195 Sec 603..... 283
Differential in rates
Foreign aid.................... PL 87-195 Sec 640C.... 349
Fresh fruit shipped by........... PL 87-195 Sec 603..... 283
Mexican Debt Disclosure Act of 1995 PL 104-6 Title IV..... 966
Mexico-U.S. relations
Economic policies
Findings of Congress........... PL 104-6 Sec 401...... 966
Report to Congress............. PL 104-6 Sec 403-404.. 966
Facilitating international trade. PL 99-83 Sec 717...... 672
Loans, credits, guarantees, and
currency swaps
Presidential certification..... PL 104-6 Sec 406...... 968
Prisoners in Mexico.............. PL 94-329 Sec 408..... 767
MIA
(see also Indochina War)
Indochina War
Laotian Agreement and Protocol PL 93-189 Sec 34...... 782
(1973).
Vietnam
Accounting of.................. PL 95-88 Sec 132(b)... 759
Microenterprise development
Definitions...................... PL 87-195 Sec 131(e).. 88
Grant assistance
Findings of Congress........... PL 87-195 Sec 131..... 85
Microenterprise Report to Congress. PL 108-31............. 503
Microfinance
U.S. loan facility
Establishment of............... PL 87-195 Sec 132..... 89
Middle East
(see also Israel-U.S. relations)
Aid to Egypt and Israel
International efforts.......... PL 94-161 Sec 322..... 774
Middle East-U.S. relations
Arms shipments to
Limitation on.................. PL 91-672 Sec 5....... 791
Peace efforts.................... PL 96-533 Sec 711..... 732
Findings of Congress........... PL 95-384 Sec 28...... 757
Science and technology
cooperative
Sense of Congress.............. PL 99-83 Sec 202(d)... 651
Military (foreign)
Defense articles and services
Utilization of................. PL 87-195 Sec 502..... 228
Military (foreign)--Continued
Military training provided by
United States
Report to Congress............. PL 87-195 Sec 656..... 357
Military (U.S.)
(see also Mutual defense)
Stationed abroad
Hostilities against............ PL 90-629 Sec 21(c)(2) 404
Military aid (U.S.)
(see also Arms sales)
(see also Economic Support Fund)
(see also Mutual defense)
Administrative costs
Appropriations, 2003........... PL 108-7 Title III.... 832
Allocation changes............... PL 87-195 Sec 653..... 354
Appropriations, 2003............. PL 108-7 Title III.... 830
Arms control
Considerations in providing PL 87-195 Sec 511..... 246
assistance.
Colombian drug control
Supplemental appropriations, PL 107-206 Sec 305.... 904
2002.
Consolidation of accounts........ PL 87-195 Sec 610..... 290
Counterpart funds................ PL 93-189 Sec 40...... 785
Country funding level increases
Congressional notification..... PL 108-7 Title III.... 831
Defense articles
Appropriations authorization... PL 87-195 Sec 504..... 238
Loans of....................... PL 87-195 Sec 503-504. 236
Procurement.................... PL 87-195 Sec 605..... 285
Repair of...................... PL 90-629 Sec 21(l)... 409
Return of...................... PL 90-629 Sec 21(m)... 410
Defense Department expenses
Funding limitation............. PL 108-7 Title III.... 832
Determination on................. PL 87-195 Sec 505(c).. 239
Discrimination in providing PL 87-195 Sec 505(g).. 241
assistance.
Eastern Mediterranean............ PL 87-195 Sec 620C.... 311
Education and training........... PL 87-195 Sec 541-543. 266
PL 94-329 Sec 106..... 765
Appropriations authorization... PL 87-195 Sec 542..... 266
Maritime skills................ PL 87-195 Sec 545..... 268
Education and training programs
Exchange students.............. PL 87-195 Sec 544..... 267
El Salvador...................... PL 101-513 Sec 531.... 976
Eligibility
Conditions of.................. PL 87-195 Sec 505..... 238
Emergency authority.............. PL 87-195 Sec 506..... 242
Excess defense articles
Authority limitations.......... PL 87-195 Sec 516(b).. 252
Congressional notification..... PL 87-195 Sec 516(f).. 254
Limitations on................. PL 87-195 Sec 516(b).. 252
Exchanged for strategic raw PL 87-195 Sec 663..... 364
materials.
Foreign military financing grants
Appropriations authorization... PL 107-228 Sec 1223(a) 568
Foreign Military Financing
Program
Appropriations, 2003........... PL 108-7 Title III.... 831
Congressional notification..... PL 108-11 Ch 5........ 891
Israel......................... PL 108-7 Title III.... 831
PL 108-11 Ch 5........ 891
Jordan......................... PL 108-11 Ch 5........ 831
Supplemental appropriations, PL 108-11 Ch 5........ 831
2003.
Foreign military sales
Refinancing.................... PL 100-202 Title III.. 1001
Grant assistance
Prohibition on................. PL 87-195 Sec 546..... 268
Greece
Appropriations authorization, PL 107-228 Sec 1222... 567
2003.
Military aid (U.S.)--Continued
Hostile countries
Mutual defense against......... PL 87-195 Sec 501..... 227
International military education
and training
Appropriations authorization, PL 107-228 Sec 1211... 567
2003.
PL 107-228 Sec 1223(b) 568
Appropriations, 2003........... PL 108-7 Title III.... 830
Liberia
Prohibitions against........... PL 108-7 Title III.... 832
Military assistance advisory
groups
Restrictions................... PL 87-195 Sec 515..... 250
Military personnel assigned
abroad
Restrictions................... PL 87-195 Sec 515..... 250
National security assistance
strategy
Report to Congress............. PL 107-228 Sec 1501... 590
North Atlantic Treaty
Organization
Excess defense articles........ PL 87-195 Sec 516..... 251
Standardization agreements..... PL 90-629 Sec 21(g)... 407
Poland
Credit sales................... PL 107-229 Sec 128.... 897
Defense articles............... PL 107-229 Sec 128.... 897
Policy........................... PL 87-195 Sec 501..... 227
President
Report to Congress............. PL 87-195 Sec 242
506(b)(2).
Procurement of defense articles
and services
Financing of................... PL 108-11 Ch 5........ 831
PL 108-7 Title III.... 831
Report to Congress............... PL 87-195 Sec 506(a).. 242
Secretary of Defense............. PL 87-195 Sec 623..... 324
Security assistance surveys...... PL 90-629 Sec 26...... 421
Stockpiling for foreign countries
Authority to transfer.......... PL 87-195 Sec 514..... 247
Sudan
Prohibitions against........... PL 108-7 Title III.... 832
Termination of
Presidential action............ PL 87-195 Sec 505(c).. 239
Presidential determination..... PL 87-195 Sec 505(b).. 239
Training foreign participants
Annual list of personnel or PL 87-195 Sec 548(b).. 268
military units.
Records database............... PL 87-195 Sec 548..... 268
Turkey........................... PL 99-83 Sec 101(f)... 645
Appropriations authorization, PL 107-228 Sec 1222... 567
2003.
Military bases abroad
(see Military (U.S.), stationed
abroad)
Military equipment (U.S.)
Missiles and missile technology
Export controls................ PL 90-629 Sec 71...... 480
Transfer of.................... PL 90-629 Sec 71...... 480
United States Munitions List... PL 90-629 Sec 71...... 480
Naval vessels
Transfers of................... PL 107-228 Sec 1701... 594
Transfer excess defense articles
Report to Congress............. PL 101-167 Sec 573(c). 993
Transfer to drug producing PL 101-167 Sec 573.... 992
countries.
Transfer to NATO members......... PL 90-629 Sec 91...... 492
Definitions.................... PL 90-629 Sec 95...... 494
Transfer to NATO southern flank PL 101-167 Sec 573.... 992
countries.
United States Munitions List
Export controls................ PL 90-629 Sec 71...... 480
Used for land mine removal
Disposed of on a grant basis... PL 108-7 Sec 547...... 859
Military equipment
Missiles in South Asia
U.S. policy.................... PL 107-228 Sec 1601... 591
Military equipment--Continued
Terrorist countries receiving
Prohibitions................... PL 87-195 Sec 620H.... 320
Uranium ammunition
Restrictions on................ PL 87-195 Sec 620G.... 319
Military sales
(see Arms sales)
Minorities
Economic Support Fund
Minority set aside............. PL 99-83 Sec 315...... 654
Minority Resource Center........... PL 98-151 Sec 703
101(b)(2).
PL 95-88 Sec 133(c)... 760
Missile Technology Control Regime
Definitions...................... PL 90-629 Sec 74...... 487
Export controls
Presidential sanctions......... PL 90-629 Sec 72-73... 481
Presidential waiver............ PL 90-629 Sec 73(e)... 485
Foreign country adherents
Report to Congress............. PL 90-629 Sec 73A..... 486
Foreign persons
Export controls................ PL 90-629 Sec 73...... 783
U.S. persons
Export controls................ PL 90-629 Sec 72...... 481
Missiles
(see Military equipment (U.S.))
Missing-in-action
(see MIA)
Mozambique-U.S. relations
Foreign aid
Conditions for................. PL 99-83 Sec 813...... 690
Multilateral development banks
Developmental programs
Foreign aid.................... PL 87-195 Sec 209..... 94
Environment
Report to Congress............. PL 102-391 Sec 532(c). 973
Environmental concerns
Promoting U.S. policies........ PL 101-513 Sec 533.... 980
U.S. contributions to............ PL 108-7 Title IV..... 833
Multilateral Investment Guarantee
Agency
Capital stock increase
Appropriations, 2003........... PL 108-7 Title IV..... 833
U.S. subscription limitation... PL 108-7 Title IV..... 833
Multilateral organizations
(see International organizations)
Mutual defense
Arms sales....................... PL 90-629 Sec 4....... 400
Foreign aid effect on............ PL 87-195 Sec 650..... 354
Mutual Educational and Cultural
Exchange Act of 1961
(see Educational and cultural
exchange)
N
Nagorno-Karabakh-U.S. relations
Confidence building measures
Appropriations, 2003........... PL 108-7 Title II..... 823
Narcotics (Illicit)
(see Drug control)
National commitments
Foreign aid...................... PL 87-195 Sec 650..... 354
National Endowment for Democracy
Programs supporting
Appropriations, 2003........... PL 108-7 Sec 526...... 846
National security
Global problems affecting........ PL 97-113 Sec 710..... 709
Nationality
(see Refugees)
Nationalization of U.S. property
Foreign aid cut-off.............. PL 87-195 Sec 300
620(e)(1)(A).
Hickenlooper Amendment........... PL 87-195 Sec 300
620(e)(1).
Nationalizations
(see also Foreign claims)
Cuba
Foreign aid prohibition........ PL 87-195 Sec 620(a).. 298
Overseas Private Investment PL 87-195 Sec 119
Corporation insurance against. 234(a)(1)(B).
U.S. policy on................... PL 87-195 Sec 280
601(b)(6).
NATO Enlargement Facilitation Act
of 1996
Findings of Congress............. PL 107-187 Sec 2...... 596
NATO Participation Act of 1994
Countries eligible for assistance
Assistance authorization....... PL 107-187 Sec 5...... 598
Findings of Congress............. PL 107-187 Sec 2...... 596
Slovakia
Assistance eligibility......... PL 107-187 Sec 4...... 596
NATO-U.S. relations
CFE Treaty
U.S. arms transfers............ PL 90-629 Sec 93...... 492
Cooperative research and
development programs
Lending materials and equipment PL 90-629 Sec 65...... 479
Enlargement of................... PL 107-187 Sec 2...... 596
Findings of Congress............. PL 107-187 Sec 2...... 596
Southern and southeastern flank
U.S. military aid.............. PL 87-195 Sec 253
516(c)(2).
U.S. military aid
Excess defense articles........ PL 87-195 Sec 253
516(c)(2).
Standardization agreements..... PL 90-629 Sec 21(g)... 407
Natural resources
Conservation of
Foreign aid.................... PL 87-195 Sec 117..... 65
Developing countries
Foreign aid.................... PL 87-195 Sec 117..... 65
Tropical forests
Conservation of................ PL 87-195 Sec 802..... 374
Foreign aid.................... PL 87-195 Sec 118..... 66
Natural Resources Risk Remediation
Fund
Supplemental appropriations, 2003 PL 108-11 Title I..... 882
New Zealand-U.S. relations
Standardization agreements....... PL 90-629 Sec 21(g)... 407
Nicaragua-U.S. relations
Conflict resolution.............. PL 99-83 Sec 722(c)... 677
Contadora Agreement
Aid in implementing............ PL 99-83 Sec 722(h)... 681
Findings and policy of Congress.. PL 99-83 Sec 722...... 676
Foreign aid
Appropriations, 2003........... PL 108-7 Sec 551...... 860
Disaster assistance............ PL 87-195 Sec 494..... 196
Foreign aid used against
government
Limitations on................. PL 99-83 Sec 722(e)... 681
Military aid
Prohibited..................... PL 96-533 Sec 119..... 725
Military or paramilitary
activities assistance
Prohibiting.................... PL 99-83 Sec 722(d)... 680
Nicaraguan foreign and domestic PL 99-83 Sec 722(b)... 676
policies.
Report to Congress............... PL 99-83 Sec 722(j)... 682
U.S. aid......................... PL 97-113 Sec 724..... 715
U.S. policies toward............. PL 99-83 Sec 722(i)... 682
Nicaraguan Democratic Resistance-
U.S. relations
Humanitarian assistance.......... PL 99-83 Sec 722(g)... 681
Nigeria-U.S. relations
Foreign Military Financing
Program
Assistance restrictions........ PL 108-7 Sec 557...... 863
Human rights violations
Assistance restrictions........ PL 108-7 Sec 557...... 863
International military education
and training
Assistance restrictions........ PL 108-7 Sec 557...... 863
Report to Congress............. PL 108-7 Title III.... 830
Nongovernmental organizations
Channeling foreign aid through... PL 99-83 Sec 311...... 653
Foreign aid in support of........ PL 108-7 Sec 537...... 855
Nonproliferation and Disarmament
Fund
Appropriations, 2003............. PL 108-7 Title II..... 829
PL 108-7 Title II..... 830
Expenses to combat terrorism
Supplemental appropriations.... PL 107-206 Title I.... 908
Nonproliferation Assistance PL 107-228 Sec 1331... 583
Coordination Act of 2002.
North Atlantic Treaty Organization
(NATO)
(see NATO)
North Korea-U.S. relations
Foreign aid
Direct funding prohibition..... PL 108-7 Sec 507...... 837
Foreign aid programs
Withholding of U.S. PL 87-195 Sec 307..... 162
proportionate funds.
Military forces
Report to Congress............. PL 104-208 Sec 585.... 964
North Vietnam-U.S. relations
(see Indochina War)
Nuclear detonation
U.S. foreign policy.............. PL 97-113 Sec 737..... 722
Nuclear exports
Foreign aid funding prohibition.. PL 108-7 Sec 506...... 836
Nuclear facilities
Economic Support Fund
Restrictions on................ PL 99-83 Sec 207...... 653
Report to Congress............... PL 97-113 Sec 735..... 721
Nuclear nonproliferation
Controls
Foreign aid.................... PL 87-195 Sec 581..... 277
PL 90-629 Sec 101..... 494
Enrichment transfers
Foreign aid prohibition........ PL 90-629 Sec 101..... 494
Reprocessing transfers
Foreign aid prohibition........ PL 90-629 Sec 102..... 496
South Asia
Findings of Congress........... PL 87-195 Sec 620F.... 318
Report to Congress............. PL 87-195 Sec 620F(c). 319
Sense of Congress.............. PL 87-195 Sec 620F.... 318
U.S. policy.................... PL 107-228 Sec 1601... 591
U.S. objectives in South Asia
Report to Congress............. PL 107-228 Sec 1601... 591
Uranium
Export of...................... PL 96-533 Sec 110..... 723
Nuclear transfers
U.S. foreign policy.............. PL 97-113 Sec 737..... 722
O
Oaths of allegiance
(see Refugees)
Obligations (U.S.)
Definitions and applications..... 31 USC 1551........... 1010
Documentary evidence requirements 31 USC 1501........... 1009
OECD
(see Organization for Economic
Cooperation and Development)
Offset agreements
Arms sales
Incentive payments prohibition. PL 90-629 Sec 39A..... 457
Okinawa-U.S. relations
Chemical munitions
Transfer to United States...... PL 91-672 Sec 13...... 793
Olympic games
Boycott of....................... PL 96-533 Sec 718..... 734
Organization for Economic
Cooperation and Development (OECD)
Development Assistance Committee. PL 87-195 Sec 631(c).. 330
Organization for the Prohibition of
Chemical Weapons (OPCW)
(see Chemical Weapons Convention)
(see United States National
Authority)
Organization of American States-
U.S. relations
International military forces
Establishment of............... PL 87-195 Sec 501..... 227
Overseas Private Investment
Corporation (OPIC)
Agricultural credit and PL 87-195 Sec 222A(f). 101
assistance programs.
Applicability of U.S. Code....... PL 87-195 Sec 239(c).. 135
Board of directors............... PL 87-195 Sec 233(b).. 117
Capital stock.................... PL 87-195 Sec 232..... 116
Conflict diamonds
Funding restrictions........... PL 108-7 Sec 583...... 877
Creation, purpose and policy..... PL 87-195 Sec 231..... 112
Developing countries
U.S. small business S 2757 Sec 109........ 635
participation.
Direct and guaranteed loads
Appropriations, 2003........... PL 107-229 Sec 112.... 897
Direct investment................ PL 87-195 Sec 234(c).. 121
Equity financing
Pilot program.................. PL 87-195 Sec 234(g).. 123
Equity financing program
Congressional consultation..... PL 87-195 Sec 125
234(g)(6).
Limitations on................. PL 87-195 Sec 124
234(g)(2).
Exports
Insurance guaranty program..... PL 87-195 Sec 240B.... 141
Functions........................ PL 87-195 Sec 234..... 119
Fund for acquisition equity
Creation of.................... PL 87-195 Sec 234(c).. 121
General provisions and powers.... PL 87-195 Sec 239..... 135
Guaranties of loans.............. PL 87-195 Sec 234(b).. 121
PL 87-195 Sec 237..... 130
Human rights..................... PL 87-195 Sec 239(i).. 138
Impact of guarantees on PL 87-195 Sec 231..... 112
employment.
Income and revenues.............. PL 87-195 Sec 236..... 130
Insurance........................ PL 87-195 Sec 234(a).. 119
Other functions................ PL 87-195 Sec 234(f).. 122
Insurance guaranty program....... PL 87-195 Sec 237..... 130
Awarding contracts............. PL 87-195 Sec 240B.... 141
Insurance Reserve and the PL 87-195 Sec 235(c).. 128
Guaranty Reserve.
Investment Advisory Council...... PL 87-195 Sec 233(e).. 118
Investment guarantees
Liabilities.................... PL 87-195 Sec 235..... 127
Investment insurance
Liabilities.................... PL 87-195 Sec 235..... 127
Investment insurance programs.... PL 87-195 Sec 234..... 119
Legal capacity................... PL 87-195 Sec 239(d).. 136
Officers......................... PL 87-195 Sec 233(d).. 118
Organization..................... PL 87-195 Sec 233..... 117
Overseas Private Investment
Corporation (OPIC)--Continued
Predecessor authority transferred PL 87-195 Sec 235..... 127
President of..................... PL 87-195 Sec 233(c).. 118
Private insurance companies...... PL 87-195 Sec 234..... 119
Private investment opportunities
Surveys........................ PL 87-195 Sec 234(d).. 122
Private political risk
Enhancement of................. PL 87-195 Sec 234A.... 125
Programs in Haiti
Prohibitions on................ S 2757 Sec 111........ 635
Report to Congress............... PL 87-195 Sec 240A.... 139
Staff............................ PL 87-195 Sec 233(d).. 118
Tax exempt status................ PL 87-195 Sec 239(j).. 138
Technical assistance............. PL 87-195 Sec 234(e).. 122
U.S. small business participation PL 87-195 Sec 240..... 138
United States Trade
Representative
Report to Congress............. PL 87-195 Sec 240B(b). 141
Workers rights................... PL 87-195 Sec 231A.... 115
Overseas Private Investment S 2757................ 635
Corporation Amendments Act of 1988.
P
Pakistan-U.S. relations
Direct loans and guarantees
Appropriations, 2003........... PL 108-7 Title II..... 820
Disaster assistance.............. PL 87-195 Sec 494..... 196
Economic Support Fund
Foreign aid, 2003.............. PL 108-7 Title II..... 820
Supplemental appropriations, PL 107-206 Title I.... 905
2002.
Foreign aid...................... PL 87-195 Sec 620E.... 314
Notification requirements...... PL 108-7 Sec 520...... 844
Logistical support
Reimbursement for.............. PL 108-11 Sec 1310.... 884
PL 107-206 Title I.... 902
Palestine
(see Palestine Liberation
Organization)
(see Palestinian Authority-U.S.
relations)
Palestine Liberation Organization
Conditions for U.S. recognition.. PL 99-83 Sec 1302..... 696
West Bank and Gaza assistance
Funding limitation............. PL 108-7 Sec 545...... 858
Palestine Liberation Organization-
U.S. relations
Aid programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
Palestinian Authority-U.S.
relations
Assistance limitations
Presidential waiver of......... PL 108-7 Sec 563...... 865
Democratic elections
Foreign aid.................... PL 108-7 Sec 563...... 865
Foreign aid
Funding prohibition............ PL 108-7 Sec 552...... 861
Foreign aid limitations.......... PL 108-7 Sec 563...... 865
Restrictions..................... PL 108-7 Sec 548...... 859
Statehood........................ PL 108-7 Sec 563...... 865
Waiver on foreign aid prohibition PL 108-7 Sec 552(b)... 861
Palestinian Broadcasting
Corporation
Foreign aid funding prohibition.. PL 108-7 Sec 566...... 868
Paraguay-U.S. relations
Military aid..................... PL 99-83 Sec 706...... 669
Patents
Foreign aid
Claims......................... PL 87-195 Sec 606..... 286
Peace Corps
(see also Foreign Service)
Activities
Authorities for................ PL 108-7 Sec 532...... 851
Appropriations authorization, PL 98-151 Sec 701
1984. 101(b)(2).
Appropriations, 2003............. PL 108-7 Title II..... 825
Peacekeeping operations
Appropriations authorization..... PL 87-195 Sec 552..... 270
Appropriations, 2003............. PL 108-7 Title III.... 832
Costs to U.N. members
Data on........................ PL 87-195 Sec 554..... 272
Costs to United States
Data on........................ PL 87-195 Sec 554..... 272
Expenses to combat terrorism
Supplemental appropriations, PL 107-206 Title I.... 909
2002.
General authority................ PL 87-195 Sec 551..... 270
Supplemental appropriations, 2003 PL 108-11 Ch 5........ 882
Persian Gulf
Stinger missiles
Restrictions on................ PL 101-167 Sec 581.... 995
Peru-U.S. relations
Air interdiction programs
Certification for.............. PL 108-7 Title II..... 827
Foreign aid
Conditions for................. PL 99-83 Sec 612...... 660
Human rights..................... PL 99-83 Sec 707...... 670
Philippines-U.S. relations
Economic Support Fund
Support for peace in Mindanao.. PL 108-11 Ch 5........ 888
Foreign aid
Tied to U.S. security interests PL 99-83 Sec 901...... 691
PL 480
(see Agricultural Trade
Development and Assistance Act
of 1954)
Plan Colombia
Costs to support
Report to Congress............. PL 106-246 Sec 3204(e) 929
Poland-U.S. relations
Humanitarian assistance.......... PL 97-113 Sec 502..... 707
PL 97-113 Sec 708..... 708
Military equipment
Credit sales................... PL 107-229 Sec 128.... 897
Overseas Private Investment
Corporation
Presidential determination..... PL 87-195 Sec 239(f).. 137
Polish currency
Use of......................... PL 97-113 Sec 709..... 709
Trade Credit Insurance Program... PL 87-195 Sec 225..... 105
Police training
El Salvador
Foreign aid for................ PL 87-195 Sec 660(d).. 360
Foreign aid for
Prohibited..................... PL 87-195 Sec 660..... 358
Honduras
Foreign aid for................ PL 87-195 Sec 660(d).. 360
Political prisoners
U.S. aid cut-off................. PL 93-189 Sec 32...... 782
Political tests
(see Refugees)
Population planning
Abortions
Foreign aid funding prohibition PL 108-7 Title II..... 814
Colombia
Foreign aid limitation......... PL 106-246 Sec 3206... 930
Family programs
Program violations............. PL 108-7 Title II..... 814
Requirements for funding....... PL 108-7 Title II..... 814
Foreign aid...................... PL 87-195 Sec 104(b).. 35
Population planning--Continued
Involuntary sterilization
Foreign aid funding prohibition PL 87-195 Sec 104(f).. 40
PL 108-7 Sec 518...... 843
Portugal-U.S. relations
Economic conditions
Impact on foreign debt......... PL 99-83 Sec 1205..... 691
Economic Support Fund............ PL 99-83 Sec 204...... 652
Food aid......................... PL 94-329 Sec 409..... 767
Portuguese African colonies...... PL 93-559 Sec 50...... 777
Poverty
Developing countries
Capital projects to eliminate.. PL 102-549 Sec 303.... 628
POW
Indochina War
Laotian Agreement and Protocol PL 93-189 Sec 34...... 782
(1973).
President
(see also Reports to Congress)
Arms sales
Certification procedures....... PL 90-629 Sec 36(b)... 434
Arms sales procurement
Determination on U.S. adverse PL 90-629 Sec 42(c)... 469
impact.
Arms sales to Jordan
Certification.................. PL 99-83 Sec 130(c)... 647
Certification
Bosnia-Herzegovina peace....... PL 108-7 Title II..... 822
Congressional notification
Designation of non-NATO allies. PL 87-195 Sec 517..... 255
Transfer of excess defense PL 87-195 Sec 516(f).. 254
articles.
Determination
Major drug transit and illicit PL 87-195 Sec 490(h).. 194
drug producing countries.
Drug control
Certification procedures....... PL 87-195 Sec 490(b).. 192
Foreign aid programs
Suspension of.................. PL 87-195 Sec 620..... 298
Former Soviet Union
Determination on aid PL 87-195 Sec 498A(b). 215
eligibility.
Loans, credits, and guarantees to
Mexico
Certification procedures....... PL 104-6 Sec 406...... 968
Military aid
Determination on............... PL 87-195 Sec 505(b).. 239
Sanctions
Report to Congress............. PL 90-629 Sec 102(b).. 497
Waiver certification........... PL 90-629 Sec 102(b).. 497
Sanctions against Serbia or
Montenegro
Certification.................. PL 104-208 Sec 540.... 959
Serbia or Montenegro
Waiver of sanctions............ PL 104-208 Sec 540(c). 960
Presidential Task Force on Project PL 99-83 Sec 713...... 671
Justice.
Prisoners of War
(see POW)
Private and voluntary organizations
Agricultural credit and PL 87-195 Sec 222A.... 700
assistance programs.
Assisting in development
Foreign aid.................... PL 87-195 Sec 123..... 73
Assisting in development and
relief
Foreign aid.................... PL 87-195 Sec 123(b).. 74
Less-developed countries
Agricultural programs.......... PL 87-195 Sec 222A.... 700
Private enterprise
(see also Nationalizations)
(see also Overseas Private
Investment Corporation (OPIC))
Arms sales guarantees............ PL 90-629 Sec 24...... 417
Private enterprise--Continued
Foreign aid
Loan guarantees................ PL 87-195 Sec 108..... 54
Micro- and small enterprise PL 87-195 Sec 108..... 54
development credits.
Program for Appropriate
Technologies in Health (PATH)
Malaria Vaccine Initiative....... PL 87-195 Sec 302(m).. 160
Propaganda
(see also Lobbying)
Funding prohibition.............. PL 108-7 Sec 540...... 856
Property abroad (U.S.)
Destruction of
Foreign aid cut-off............ PL 87-195 Sec 620(j).. 304
Protection Against Nuclear
Terrorism program
Implementation of
Appropriations authorization... PL 107-228 Sec 1305... 573
Puerto Rico
Caribbean Development Bank PL 93-559 Sec 52...... 778
membership.
R
Refugees
Administrative expenses
Appropriations, 2003........... PL 108-7 Title II..... 828
Africa
Humanitarian assistance........ PL 87-195 Sec 495F.... 199
Assistance to
Appropriations, 2003........... PL 108-7 Title II..... 828
Categories of aliens
Establishment of............... PL 101-167 Sec 599D... 996
Chile
Rights of...................... PL 93-189 Sec 35...... 783
Cuba............................. PL 96-533 Sec 715..... 733
El Salvador
Humanitarian assistance........ PL 87-195 Sec 495I.... 201
Sense of Congress.............. PL 97-113 Sec 731..... 721
Expenses to combat terrorism
Supplemental appropriations, PL 107-206 Title I.... 908
2002.
Haiti............................ PL 97-113 Sec 721..... 714
Illegal immigration............ PL 99-83 Sec 705(d)... 669
Honduras
Assistance..................... PL 99-83 Sec 704...... 668
Palestinians
Limitation on assistance to.... PL 87-195 Sec 301(c).. 155
Resettling in Israel
Appropriations, 2003........... PL 108-7 Title II..... 829
Southeast Asia
Sense of Congress.............. PL 96-53 Sec 509...... 748
U.S. Emergency Refugee and
Migration Assistance Fund
Appropriations, 2003........... PL 108-11 Ch 5........ 828
Religious freedom
Sense of Congress................ PL 88-633 Sec 501..... 806
Reports to Congress
Afghanistan
Foreign aid certification...... PL 107-327 Sec 543
103(b)(1).
Foreign aid from donor states.. PL 107-327 Sec 303(c). 552
Meeting security needs of...... PL 107-206 Sec 603.... 912
Military aid................... PL 107-327 Sec 205.... 547
Promoting security............. PL 107-327 Sec 206(c). 549
Africa-U.S. relations
Arms sales..................... PL 90-629 Sec 33...... 430
African Development Foundation... PL 95-424 Sec 122..... 751
Reports to Congress--Continued
Agency for International
Development
Budget submission.............. PL 102-391 Sec 599E... 975
Democracy transition PL 108-7 Title II..... 816
initiatives.
Microenterprise Act, 2000...... PL 108-31 Sec 4....... 503
Aid for Latin America and the PL 99-83 Sec 709...... 670
Caribbean.
Arms sales....................... PL 90-629 Sec 4....... 400
PL 90-629 Sec 36...... 431
PL 90-629 Sec 36(b)... 434
PL 91-672 Sec 8(d).... 791
Annual estimate................ PL 90-629 Sec 25...... 418
Brokers activities............. PL 107-228 Sec 1205... 566
Combat readiness, impact on.... PL 90-629 Sec 21(i)... 408
Illegal payments............... PL 94-329 Sec 607..... 771
License approvals.............. PL 107-228 Sec 1205... 566
Military dictators............. PL 90-629 Sec 1....... 389
Training and related support... PL 90-629 Sec 30A(d).. 427
Transfers...................... PL 90-629 Sec 3(d).... 395
Waivers........................ PL 90-629 Sec 40(g)(2) 464
Arms sales (commercial)
Agent fees..................... PL 90-629 Sec 39...... 456
Arms sales (U.S.)
NATO/CFE countries............. PL 90-629 Sec 94...... 493
Transfers...................... PL 90-629 Sec 3(d)(3). 397
Asia
Amerasian children............. PL 99-83 Sec 903(b)... 692
Assistance to victims of PL 106-386 Sec 609
trafficking. 107(b)(1)(D).
Attorney General
Number of eligible applicants PL 106-386 Sec 107(g). 611
not receiving visas.
Burma
Democratization................ PL 104-208 Sec 570(d). 961
Central Asia
Foreign aid.................... PL 108-7 Sec 574...... 871
Classification of................ PL 87-195 Sec 634B.... 337
Coal
Federal Coal Export Commission. PL 99-83 Sec 1304(f).. 700
Colombia
Cano Limon pipeline............ PL 107-206 Title I.... 907
Combat operations involving PL 107-206 Sec 601(b). 911
U.S. personnel.
Committed to reforms and PL 107-206 Sec 601(b). 911
policies.
Drug control strategy.......... PL 106-246 Sec 3202... 926
Colombia drug control
U.S. military and civilian PL 106-246 Sec 3203(f) 929
personnel.
Colombian Armed Forces
Human rights abuses............ PL 108-7 Sec 564(a)(3) 866
Combating HIV/AIDS
Implementing U.S. policies..... PL 87-195 Sec 104A(e). 46
Commercial Service Officers
Increase in.................... PL 102-549 Sec 701.... 633
Comptroller General of the United
States
International financial PL 106-429 Sec 803(a). 920
institutions.
Contingency fund
Appropriations authorization... PL 87-195 Sec 165
451(a)(2).
Continuing appropriations
Obligations made under......... PL 107-229 Sec 134.... 898
Operations under............... PL 107-229 Sec 133.... 898
Cooperative projects
Presidential certification..... PL 90-629 Sec 27(f)... 423
Cyprus
Negotiations with Turkey....... PL 87-195 Sec 308
620(x)(2).
Resolution of conflict......... PL 87-195 Sec 620C(c). 313
Debt relief programs............. PL 106-429 Sec 803(d). 920
Defense equipment
Leasing of..................... PL 90-629 Sec 62...... 477
Reports to Congress--Continued
Defense equipment--Continued
Leasing of--Continued
Waiver of costs.............. PL 90-629 Sec 61...... 475
Developing countries
Capital projects............... PL 102-549 Sec 302(c). 627
PL 102-549 Sec 305.... 628
Technical assistance program... PL 87-195 Sec 129(h).. 83
Discrimination
Aid suspension................. PL 87-195 Sec 505(g).. 241
Arms sales suspension.......... PL 90-629 Sec 5....... 401
Donated HIV/AIDS prescription
drugs
Illegal diversion of........... PL 108-25 Sec 307..... 525
Drawdown support
Prior congressional PL 108-11 Sec 1309.... 884
notification.
PL 108-11 Sec 1307.... 891
Drug control..................... PL 87-195 Sec 481..... 172
Foreign governments using U.S. PL 87-195 Sec 484(c).. 183
aircraft.
Supplemental appropriations, PL 106-246 Title III.. 924
2000.
Drug control in Colombia
U.S. personnel involved........ PL 106-246 Sec 3204(f) 929
Economic Support Fund
Supplemental appropriations, PL 107-206 Title I.... 907
2002.
Egypt
Economic conditions............ PL 99-83 Sec 1205..... 691
El Salvador...................... PL 97-113 Sec 729..... 720
Eliminating trafficking in
persons
Country compliance lists....... PL 106-386 Sec 110.... 613
Endangered species............... PL 87-195 Sec 119(h).. 71
Enterprise for the Americas
Americas Framework Agreement... PL 87-195 Sec 710..... 373
Excess defense articles
Transfer of.................... PL 87-195 Sec 516(f).. 254
PL 101-167 Sec 573(c). 993
Executive branch agencies
Overseas HIV/AIDS treatment PL 108-25 Sec 305..... 524
activities.
Expanding debt relief to non-HIPC
countries
Costs and other options........ PL 108-25 Sec 502..... 535
Family programs
Program violations............. PL 108-7 Title II..... 814
Food aid......................... PL 87-195 Sec 300..... 154
Long-term agricultural PL 99-83 Sec 1008..... 695
commodity agreements.
Food shortage.................... PL 93-559 Sec 55...... 779
Foreign aid...................... PL 87-195 Sec 634..... 334
PL 87-195 Sec 654..... 355
PL 97-113 Sec 722..... 714
Agreements prohibiting taxation PL 108-7 Sec 579(f)... 875
of.
Allocation changes............. PL 87-195 Sec 653(a).. 354
Budgets of developing countries PL 108-7 Sec 585(b)... 878
Countries in default........... PL 87-195 Sec 620(q).. 305
Cut-offs for defaults.......... PL 87-195 Sec 620(u).. 306
Drug control................... PL 87-195 Sec 489..... 185
PL 87-195 Sec 489(b).. 188
Exemptions from the Sunset Act PL 87-195 Note........ 31
of 1995.
International organizations.... PL 87-195 Sec 301..... 154
Limit on transfers of funds.... PL 87-195 Note........ 25
Presidential certification..... PL 87-195 Sec 614(c).. 296
Presidential discretion........ PL 87-195 Sec 614..... 294
Prior notification............. PL 87-195 Note........ 27
Sub-Saharan Africa............. PL 101-513 Sec 562(c). 982
Sunset Act of 1995............. PL 87-195 Note........ 31
Foreign aid reprogramming
Prior notification............. PL 87-195 Note........ 26
Reports to Congress--Continued
Foreign aid to Communist PL 87-195 Sec 620(f).. 302
countries.
Foreign countries
Community-based police PL 108-7 Sec 582(b)... 876
assistance.
Military aid................... PL 107-327 Sec 205.... 547
Foreign governments
Projects to promote good PL 87-195 Sec 133(d).. 92
governance.
Foreign military budgets
Sunset provision............... PL 87-195 Sec 306
620(s)(2).
Foreign Military Financing
Program
Advance congressional PL 108-11 Ch 5........ 891
notification.
Foreign military personnel
Training provided by United PL 108-7 Sec 561...... 864
States.
Global Fund...................... PL 108-25 Sec 202(c).. 516
Governments (foreign)
Debt relief arrangements....... PL 102-391 Sec 548.... 974
Greenhouse gas emissions......... PL 108-7 Sec 555...... 862
Herbicides used for drug control
Health effects of.............. PL 87-195 Sec 176
481(d)(3).
HIV/AIDS
Preventing mother-to-child PL 108-25 Sec 313..... 527
transmission.
HIV/AIDS, tuberculosis, and
malaria
Integrated strategy to combat.. PL 108-25 Sec 101(b).. 512
Human rights..................... PL 87-195 Sec 502B(b). 231
Children....................... PL 102-391 Sec 511.... 972
Severe forms of trafficking.... PL 87-195 Sec 502B(h). 234
Status of...................... PL 87-195 Sec 116(d).. 60
Trafficking in persons......... PL 87-195 Sec 116(f).. 63
Independent states of the former
Soviet Union
Foreign aid.................... PL 87-195 Sec 498A(c). 216
Obligation of funds............ PL 107-206 Title I.... 907
Infant feeding practices
Developing countries........... PL 97-113 Sec 301(b).. 706
Inter-American Foundation
Abolition of................... PL 106-113 Sec 586(e). 938
International arms control and PL 107-228 Sec 1309... 576
nonproliferation strategy.
International Atomic Energy
Agency
Assistance to Iran............. PL 107-228 Sec 1344... 587
Israel participation........... PL 108-7 Title II..... 830
International Committee of the
Red Cross
Magen David Adom Society....... PL 108-7 Title II..... 829
International Financial PL 105-277 Sec 603(g), 956
Institution Advisory Commission. (i).
International financial
institutions
Financial management reform.... PL 108-7 Sec 573...... 870
International Monetary Fund
Practices consistent with U.S. PL 106-113 Sec 504(e). 945
policies.
Structural reform efforts...... PL 105-277 Sec 606.... 957
International Narcotics Control PL 87-195 Sec 489(a).. 185
Strategy Report.
International organizations
Foreign aid.................... PL 87-195 Sec 306..... 161
U.S. funding contributions..... PL 87-195 Sec 307(b).. 163
International University for the PL 102-549 Sec 604.... 633
Americas.
Iraq
Humanitarian aid............... PL 108-7 Sec 507...... 837
Natural Resources Risk PL 108-11 Title I..... 882
Remediation Fund.
Iraq Freedom Fund
Supplemental appropriations, PL 108-11 Title I..... 882
2003.
Reports to Congress--Continued
Iraq Relief and Reconstruction
Fund
Advance notification........... PL 108-11 Ch 5........ 886
Iraq Sanctions Act of 1992
Suspension of provisions by PL 108-11 Sec 1503.... 892
President.
Israel
Economic conditions............ PL 99-83 Sec 1205..... 691
Loan guarantees................ PL 87-195 Sec 226(k).. 111
Jordan
Logistical support PL 108-11 Sec 1310.... 884
reimbursement.
PL 107-206 Title I.... 902
KEDO
U.S. assistance to............. PL 108-7 Sec 562(d)... 865
Mexico-U.S. relations
Debt........................... PL 104-6 Sec 403-404.. 966
Military aid (U.S.).............. PL 87-195 Sec 655..... 356
Military training to foreign PL 87-195 Sec 656..... 357
military personnel.
Missile Technology Control Regime
Foreign country adherents...... PL 90-629 Sec 73A..... 486
Missiles and missile technology
exports
Sanctions waiver............... PL 90-629 Sec 73(e)... 485
Narcotics traffickers
Extradition of................. PL 106-246 Sec 3203... 927
National security assistance
strategy
Formulating and implementing... PL 107-228 Sec 1501... 590
NBC weapons
Transfers of, by foreign PL 107-228 Sec 1308... 573
countries.
Nicaragua-U.S. relations......... PL 99-83 Sec 722(j)... 682
Nigeria
Presidential certification..... PL 108-7 Sec 556...... 863
North Korea
Military forces................ PL 104-208 Sec 585.... 964
Nuclear facilities............... PL 97-113 Sec 735..... 721
Obligation of funds
International narcotics control PL 107-206 Title I.... 907
and law enforcement.
Overseas Private Investment PL 87-195 Sec 240A.... 139
Corporation.
Pakistan
Logistical support PL 108-11 Sec 1310.... 884
reimbursement.
Palestinian statehood
Democratic elections........... PL 108-7 Sec 563...... 865
Plan Colombia
Costs to support............... PL 106-246 Sec 3204(e) 929
PL 106-246 Sec 3203(e) 929
Portugal
Economic conditions............ PL 99-83 Sec 1205..... 691
Post conflict Iraq
U.S. assistance strategy....... PL 108-11 Sec 1506.... 893
President
Certification for export PL 90-629 Sec 38(j)(3) 456
exemption.
Determination on major illicit PL 87-195 Sec 490(h).. 194
drug transit and producing
countries.
Nonproliferation and threat PL 107-228 Sec 1339... 586
reduction objectives.
Review of United States PL 90-629 Sec 38(f)... 451
Munitions List.
Sanctions waiver............... PL 90-629 Sec 102(b).. 497
U.S. military aid.............. PL 87-195 Sec 242
506(b)(2).
Programs and projects
International Atomic Energy PL 107-228 Sec 1343... 587
Agency.
Russian Federation
Debt discussion with other PL 107-228 Sec 1318... 582
creditor states.
Reports to Congress--Continued
Russian Federation Debt for
Nonproliferation Act of 2002
Implementation of.............. PL 107-228 Sec 1321... 583
Russian Federation
Nonproliferation Investment
Agreement
Entering into.................. PL 107-228 Sec 1315... 580
Russian Leadership Program....... PL 106-31 Sec 3011(f). 948
Secretary of the Treasury
MDBs procedures and management PL 106-429 Sec 802(b). 919
controls.
World Bank and IMF policies PL 106-429 Sec 919
implementation. 801(c)(2).
Security assistance surveys...... PL 90-629 Sec 26...... 421
South Asia
Nuclear weapons PL 87-195 Sec 620F(c). 319
nonproliferation.
U.S. nuclear and missile PL 107-228 Sec 1601(c) 591
nonproliferation objectives.
Sudan
Conflict in.................... PL 107-245 Sec 8...... 563
War crimes investigation....... PL 107-245 Sec 10..... 564
Sudan peace process
Efforts to deny oil revenues... PL 107-245 Sec 5(e)... 562
Negotiations with the Sudan PL 107-245 Sec 5(c)... 562
People's Liberation Movement.
U.S. opposition to financing PL 107-245 Sec 5(d)... 562
assistance.
Taiwan
Military aid................... PL 107-228 Sec 1263... 570
Terrorism related assistance..... PL 99-83 Sec 502...... 655
PL 99-83 Sec 502...... 655
Terrorism supporting countries
Ban on importation of goods and PL 99-83 Sec 505...... 656
services.
Trade and Development Agency
Development programs........... PL 87-195 Sec 661(d).. 362
Trade Credit Insurance Program... PL 87-195 Sec 225(h).. 107
Trafficking in persons
Actions against significant PL 106-386 Sec 111.... 616
persons.
Tropical Forest Facility......... PL 87-195 Sec 813..... 383
Tropical forests
Protection of.................. PL 87-195 Sec 118(f).. 69
Turkey
Economic conditions............ PL 99-83 Sec 1205..... 691
U.S. counternarcotics strategy
Colombia and neighboring PL 106-246 Sec 3202... 926
countries.
U.S. military aid................ PL 87-195 Sec 506(a).. 242
U.S. military stationed abroad
Hostilities against............ PL 90-629 Sec 21(c)(2) 404
United States Microfinance Loan PL 87-195 Sec 90
Facility. 132(b)(3).
United States Munitions List
Removal of items............... PL 90-629 Sec 38(f)(1) 451
United States Trade
Representative
Overseas Private Investment PL 87-195 Sec 240B(b). 141
Corporation.
Uzbekistan
Strategic partnership and PL 107-206 Title I.... 909
cooperation commitments.
Weapons proliferation and export
control capabilities
Training programs.............. PL 107-228 Sec 1302... 571
World food situation............. PL 93-189 Sec 39(a)(4) 785
Zimbabwe
Restoration of rule of law..... PL 108-7 Sec 556...... 863
Reprogramming of funds
Foreign aid...................... PL 87-195 Sec 634A.... 336
Romania-U.S. relations
Foreign aid...................... PL 87-195 Sec 495D.... 198
Russia-U.S. relations
Foreign aid, 2003
Technical assistance to Iran... PL 108-7 Title II..... 824
Russian Leadership Program
Establishment of............... PL 106-31 Sec 3011.... 946
Russian Democracy Act of 2002...... PL 107-246............ 553
Purposes of...................... PL 107-246 Sec 2(b)... 554
Russian Federation transition
Findings of Congress........... PL 107-246 Sec 2(a)... 553
Russian Far East-U.S. relations
Foreign aid, 2003................ PL 108-7 Title II..... 823
Russian Federation Debt for PL 107-228 Sec 1311... 576
Nonproliferation Act of 2002.
Implementation of
Report to Congress............. PL 107-228 Sec 1321... 583
Russian Federation Nonproliferation
Investment Agreement
Authority of President........... PL 107-228 Sec 1314... 578
PL 107-228 Sec 1315... 580
Report to Congress............... PL 107-228 Sec 1315... 580
Russian Federation-U.S. relations
Assistance programs.............. PL 107-246 Sec 5...... 556
Center for Independent Press and PL 107-228 Sec 1316... 581
the Rule of Law.
Debt-for-nonproliferation PL 107-228 Sec 578
exchange. 1312(a)(9).
National security
Findings of Congress........... PL 107-228 Sec 1312... 576
Promoting democracy.............. PL 107-246 Sec 3...... 555
Regional initiatives program PL 107-246 Sec 5...... 556
support.
Terrorism
State sponsors of.............. PL 107-228 Sec 1317... 582
Weapons stockpiles
Control and destruction of..... PL 107-228 Sec 1312... 577
Russian Leadership Program
Advisory Board
Establishment of............... PL 106-31 Sec 3011(e). 948
Establishment of................. PL 106-31 Sec 3011.... 946
S
Sabbatino Amendment
Act of state doctrine denied PL 87-195 Sec 301
recognition. 620(e)(2).
Sahel Development Program
Planning......................... PL 87-195 Sec 120..... 71
Sanctions
Against Burma
Foreign aid restrictions....... PL 104-208 Sec 570.... 960
Against countries transferring PL 90-629 Sec 102(b).. 497
nuclear devices.
Against Serbia or Montenegro
Termination of................. PL 104-208 Sec 540.... 959
Chemical or biological weapons
Export controls................ PL 90-629 Sec 81...... 488
PL 90-629 Sec 81...... 488
Foreign persons
Presidential determination..... PL 90-629 Sec 81(a)(1) 489
PL 90-629 Sec 81(d)... 491
Presidential waiver............ PL 90-629 Sec 81(e)... 491
Missiles and missile technology
Exceptions..................... PL 90-629 Sec 73(h)... 486
Export controls................ PL 90-629 Sec 73...... 783
Saudi Arabia-U.S. relations
Arms sales
AWACS.......................... PL 99-83 Sec 131...... 647
Science and technology
(see also Technical assistance)
Middle East
Cooperative.................... PL 99-83 Sec 202(d)... 651
Scientific and Technological PL 96-53 Sec 401-414.. 740
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 Assistance Act of 2002.... PL 107-228............ 565
Security supporting assistance
(see Economic Support Fund)
Serbia-U.S. relations
Foreign aid
Notification requirements...... PL 108-7 Sec 520...... 844
Presidential determination..... PL 108-7 Sec 578...... 874
International Criminal Tribunal PL 108-7 Sec 578...... 874
for Yugoslavia.
Sierra Leone-U.S. relations
Governments destabilizing
U.S. assistance restrictions... PL 108-7 Sec 570...... 869
Special Court
Appropriations, 2003........... PL 108-7 Title II..... 821
Slovakia-U.S. relations
NATO Participation Act of 1994
Assistance eligibility......... PL 107-187 Sec 4...... 598
Small Business Administration
Procurement for Agency for PL 94-329 Sec 602..... 771
International Development.
Social development
(see Alliance for Progress)
(see Human rights)
(see United Nations)
South Africa (Republic of)-U.S.
relations
Forced relocations
U.S. policy toward............. PL 99-83 Sec 803...... 687
South America-U.S. relations
Andean Counterdrug Initiative
Appropriations, 2003........... PL 108-7 Title II..... 826
South and Central America-U.S.
relations
Drug control
Supplemental appropriations, PL 106-246 Title III.. 923
2000.
South Asia-U.S. relations
Nuclear nonproliferation
South Asia..................... PL 107-228 Sec 1601... 591
South Caucasus and Central Asia-
U.S. relations
Foreign aid
Administrative authorities..... PL 87-195 Sec 499E.... 236
Border control assistance...... PL 87-195 Sec 499C.... 225
Definitions.................... PL 87-195 Sec 499F.... 227
Development of infrastructure.. PL 87-195 Sec 499B.... 225
Promoting democracy and PL 87-195 Sec 499D.... 236
tolerance.
Promoting growth and PL 87-195 Sec 499A.... 224
development.
Promoting reconciliation and PL 87-195 Sec 499..... 224
recovery.
South Vietnam-U.S. relations
(see Indochina War)
Southeast Asia
(see individual countries)
(see Indochina War)
Southern Africa Development
Coordinating Conference (SADCC)
Foreign aid...................... PL 87-195 Sec 496(o).. 208
Southern Africa-U.S. relations
Economic Support Fund............ PL 99-83 Sec 802...... 686
Southern Caucasus region-U.S.
relations
Foreign aid, 2003................ PL 108-7 Title II..... 823
Soviet Union (former) independent
states of-U.S. relations
(see also individual countries)
Aid notification requirements.... PL 108-7 Sec 517...... 842
Determination for foreign aid.... PL 87-195 Sec 498A(b). 215
Economic reforms................. PL 108-7 Sec 517...... 842
Foreign aid...................... PL 87-195 Sec 498..... 211
PL 87-195 Sec 498..... 211
Foreign aid authorities.......... PL 87-195 Sec 498B.... 218
Foreign aid authorization........ PL 87-195 Sec 498C.... 221
Foreign aid criteria............. PL 87-195 Sec 498A.... 214
Foreign aid restrictions......... PL 108-7 Sec 517...... 842
Foreign aid, 2002................ PL 107-115 Title II... 914
Foreign aid, 2003................ PL 108-7 Title II..... 823
PL 108-7 Title II..... 824
FREEDOM Support Act
Section 907.................... PL 107-115 Title II... 914
Health activities assistance..... PL 108-7 Title II..... 824
Military capability.............. PL 108-7 Sec 517...... 842
Nonproliferation assistance...... PL 107-228 Sec 1334... 584
Nonproliferation coordination.... PL 107-228 Sec 1332... 583
Presidential determination....... PL 107-115 Title II... 915
Supplemental appropriations, 2002 PL 107-206 Title I.... 907
Territorial violations........... PL 108-7 Sec 517...... 842
Soviet Union (former)-U.S.
relations
Arms control
Limiting conventional arms PL 99-83 Sec 129...... 641
transfers.
Biological and chemical weapons.. PL 97-113 Sec 716..... 711
Olympic games boycott............ PL 96-533 Sec 718..... 734
Special Defense Acquisition Fund
Established...................... PL 90-629 Sec 51...... 473
Size of.......................... PL 97-113 Sec 108(b).. 705
Use or transfer of items
Restrictions on................ PL 90-629 Sec 52...... 474
Special Foreign Assistance Act of PL 91-652............. 789
1971.
Special Foreign Assistance Act of PL 99-529............. 637
1986.
Sri Lanka-U.S. relations
Political settlement of internal PL 99-83 Sec 907...... 693
differences.
State, Department of
Anti-terrorism programs
Supplemental appropriations, PL 108-11 Ch 5........ 828
2003.
Bureau of Democracy
Human Rights and Democracy Fund PL 108-7 Sec 526...... 847
Congressional oversight.......... PL 92-226 Sec 407..... 788
Demining programs
Supplemental appropriations, PL 108-11 Ch 5........ 828
2003.
Diplomatic and Consular programs
Combating international PL 107-206 Title I.... 912
terrorism.
Supplemental appropriations, PL 107-206 Title I.... 912
2002.
Supplemental appropriations, PL 108-11 Title I..... 880
2003.
Diplomatic and Consular Service
emergencies
Supplemental appropriations, PL 108-11 Title I..... 880
200.
Embassy security and maintenance
Combating international PL 107-206 Title I.... 901
terrorism.
Supplemental appropriations, PL 107-206 Title I.... 901
2002.
Supplemental appropriations, PL 108-11 Title I..... 880
2003.
International broadcasting
Supplemental appropriations, PL 108-11 Title I..... 880
2003.
International narcotics control
Appropriations, 2003........... PL 108-7 Title II..... 826
Supplemental appropriations, PL 107-206 Title I.... 907
2002.
State, Department of--Continued
International narcotics control--
Continued
Supplemental appropriations, PL 108-11 Ch 5........ 890
2003.
International organizations
Combating international PL 107-206 Title I.... 901
terrorism.
Nonproliferation programs
Supplemental appropriations, PL 108-11 Ch 5........ 828
2003.
Security updates
Supplemental appropriations, PL 108-11 Title I..... 880
2003.
State, Secretary of
Arms sales....................... PL 90-629 Sec 2....... 391
Colombia
Certification to Congress...... PL 106-246 Sec 3207... 930
Drug control assistance
Coordinating U.S. activities... PL 87-195 Sec 481(b).. 174
Foreign aid administration....... PL 87-195 Sec 622..... 323
Terrorism related assistance..... PL 99-83 Sec 502...... 655
Stock in financial institutions
(see Capital stock)
Stockpiling defense articles
Military aid..................... PL 87-195 Sec 514..... 247
Strategic and critical materials
Restrictions on leasing.......... PL 90-629 Sec 65(c)... 479
Subscriptions in financial
institutions
(see Capital stock)
Sudan Peace Act.................... PL 107-245............ 558
Findings of Congress............. PL 107-245............ 558
Sudan-U.S. relations
Air transport relief flights
Contingency plan if banned..... PL 107-245 Sec 10..... 563
Appropriations authorization..... PL 107-245 Sec 5(b)... 560
Arms sales credits
Repayment...................... PL 96-92 Sec 17(b).... 736
Assistance for peace and PL 107-245 Sec 5...... 560
democratic convergence.
Economic Support Fund
National Democratic Alliance... PL 108-7 Title II..... 821
Foreign aid
Conditions for................. PL 99-83 Sec 806...... 689
Direct funding prohibition..... PL 108-7 Sec 507...... 837
Notification requirements...... PL 108-7 Sec 520...... 844
Human rights violations
Condemnation of................ PL 107-245 Sec 4...... 560
Internationally sanctioned peace
process
Support for.................... PL 107-245 Sec 5(b)... 561
Military aid..................... PL 96-53 Sec 502...... 747
Prohibitions against........... PL 108-7 Title III.... 832
Peace process
U.N. involvement............... PL 107-245 Sec 7...... 562
War crimes investigation
Report to Congress............. PL 107-245 Sec 10..... 564
Sugar
Cuba
Quota.......................... PL 87-195 Sec 620(a).. 298
Supplemental Appropriations Act For PL 107-206............ 900
Further Recovery From and Response
to Terrorist Attacks on the United
States, 2002.
Supporting assistance
(see Economic Support Fund)
Syria-U.S. relations
Aid obligation................... PL 98-151 Sec 701
101(b)(1).
Foreign aid
Direct funding prohibition..... PL 108-7 Sec 507...... 837
Foreign aid programs
Withholding U.S. funding share. PL 87-195 Sec 307..... 162
T
Taiwan-U.S. relations
Arms sales
Treated as a major Non-NATO PL 107-228 Sec 1206... 567
ally.
Defense treaty................... PL 95-384 Sec 26...... 756
Immigrant visas.................. PL 97-113 Sec 714..... 710
Military aid
Report to Congress............. PL 107-228 Sec 1263... 570
War reserve material
Transfer of.................... PL 96-92 Sec 23....... 737
Taxation
Discriminatory
Foreign aid cut-off............ PL 87-195 Sec 300
620(e)(1)(C).
Technical assistance
(see also Peace Corps)
Developing countries
Establishment of program....... PL 87-195 Sec 129..... 79
Overseas Private Investment PL 87-195 Sec 234(e).. 122
Corporation.
Programs in developing countries
Appropriations authorization... PL 87-195 Sec 129(j).. 84
Technology transfer
National security impact......... PL 95-92 Sec 24....... 763
Terrorism
Afghanistan
Foreign aid to counter......... PL 107-327 Sec 102.... 536
Anti-terrorism assistance
programs
Foreign aid.................... PL 87-195 Sec 571-574. 273
Attacks on the United States
Supplemental appropriations.... PL 107-206............ 900
Combating
Broadcasting capital PL 107-206 Title I.... 902
improvement activities.
Contributions for international PL 107-206 Title I.... 901
peacekeeping activities.
Contributions to international PL 107-206 Title I.... 901
organizations and conferences.
Diplomatic and Consular PL 107-206 Title I.... 912
programs activities.
Educational and cultural PL 107-206 Title I.... 912
exchange programs.
Embassy security, construction, PL 107-206 Title I.... 901
and maintenance.
International broadcasting PL 107-206 Title I.... 901
activities.
Condemnation of.................. PL 99-83 Sec 508...... 657
Countries aiding
Aid prohibition................ PL 87-195 Sec 620G.... 319
PL 87-195 Sec 620H.... 320
Aviation boycott............... PL 99-83 Sec 555...... 657
Ban on importation of goods and PL 99-83 Sec 505...... 656
services.
Countries supporting
Aid prohibition................ PL 87-195 Sec 620A.... 308
Assistance waiver authority.... PL 87-195 Sec 620A(d). 310
Bilateral aid prohibition...... PL 108-7 Sec 527...... 847
Foreign aid funding prohibition PL 108-7 Sec 543...... 857
U.S. prohibited transactions... PL 90-629 Sec 40...... 459
Exports to countries supporting
Foreign aid funding prohibition PL 108-7 Sec 543...... 857
Foreign airport security......... PL 99-83 Sec 551...... 657
International Anti-Terrorism PL 99-83 Sec 506...... 656
Committee.
Libya............................ PL 97-113 Sec 718..... 712
Prohibition on imports and PL 99-83 Sec 504...... 655
exports.
National Commission on Terrorism
Establishment of............... PL 105-277 Sec 591.... 951
Russian Federation
State sponsors of.............. PL 107-228 Sec 1317... 582
Terrorism--Continued
State sponsored
Civil liability................ PL 104-208 Sec 589.... 964
Terrorism related assistance
Coordinated by Secretary of PL 99-83 Sec 502...... 655
State.
Report to Congress............. PL 99-83 Sec 502...... 655
Treaty to control................ PL 99-83 Sec 507...... 656
TWA Flight 847
Sense of Congress.............. PL 99-83 Sec 558...... 658
U.S. citizens involved in........ PL 97-113 Sec 719..... 713
Terrorism, anti-
Countries not supporting U.S.
efforts
Prohibited transactions........ PL 90-629 Sec 40A..... 466
Foreign aid
Appropriations, 2003........... PL 108-7 Title II..... 829
Supplemental appropriations, PL 107-206 Title I.... 908
2002.
Thailand-U.S. relations
Ammunition sale.................. PL 96-92 Sec 24....... 737
Tibet-U.S. relations
Nongovernmental organizations
Preserving cultural traditions. PL 108-7 Sec 526...... 846
Promoting development.......... PL 108-7 Sec 526...... 846
Promoting democracy, human PL 108-7 Sec 526...... 846
rights, and the rule of law in.
Tibetan Autonomous Region-U.S.
relations
Sustainable development and PL 108-7 Sec 526...... 846
environment conservation.
Timor-Leste-U.S. relations
Economic Support Fund
Foreign aid, 2003.............. PL 108-7 Title II..... 820
Tonkin Gulf Resolution
Repealed......................... PL 91-672 Sec 12...... 793
Tort claims
(see Claims)
Torture
Victims of
Foreign aid.................... PL 87-195 Sec 130..... 84
Trade
Arms
(see Arms sales)
Commercial Service Officers
Increase in.................... PL 102-549 Sec 701.... 633
Cuba
Embargo........................ PL 87-195 Sec 620(a).. 298
United States Commercial Centers
Promoting exports.............. PL 102-549 Sec 401.... 629
Trade and Development Agency....... PL 102-549 Sec 202.... 626
Appropriations, 2003............. PL 108-7 Title I...... 812
Development programs
Appropriations authorization... PL 87-195 Sec 661(f).. 363
Foreign aid.................... PL 87-195 Sec 661..... 361
Report to Congress............. PL 87-195 Sec 661(d).. 362
Trade and Development Program
(see Trade and Development
Agency)
Renamed Trade and Development PL 102-549 Sec 202.... 626
Agency.
Trade Credit Insurance Program
Central America.................. PL 87-195 Sec 224..... 105
Poland........................... PL 87-195 Sec 225..... 105
Report to Congress............... PL 87-195 Sec 225(h).. 107
Trade Promotion Coordinating PL 102-549 Sec 401.... 629
Committee.
Capital projects................. PL 102-549 Sec 304.... 628
Trafficking in persons
Actions against significant PL 106-386 Sec 111.... 616
persons.
Children
Findings of Congress........... PL 106-386 Sec 102(b). 600
Trafficking in persons--Continued
Eliminating
Minimum standards for.......... PL 106-386 Sec 108.... 612
Interagency Task Force to Monitor PL 106-386 Sec 105.... 606
and Combat.
Minimum standards for eliminating
Foreign aid withholding........ PL 106-386 Sec 110.... 613
Governments failing to meet.... PL 106-386 Sec 110.... 613
Prevention of.................... PL 106-386 Sec 106.... 607
Protection and assistance
Report to Congress............. PL 106-386 Sec 609
107(b)(1)(D).
Strengthening prosecution and PL 106-386 Sec 112.... 618
punishment.
Victims
Protection and assistance...... PL 106-386 Sec 107.... 607
PL 106-386 Sec 107(a)- 607
(b).
Women
Findings of Congress........... PL 106-386 Sec 102(b). 600
Trafficking Victims Protection Act PL 106-386 Sec 101.... 600
of 2000.
Appropriations authorization, PL 106-386 Sec 113.... 622
2001-2003.
Definitions...................... PL 106-386 Sec 103.... 603
Findings of Congress............. PL 106-386 Sec 102(b). 600
Purpose.......................... PL 106-386 Sec 102(a). 600
Severe forms of trafficking...... PL 106-386 Sec 103(8). 605
Treasury, Department of
Debt restructuring
Appropriations, 2003........... PL 108-7 Title II..... 830
International affairs technical
assistance
Appropriations, 2003........... PL 108-7 Title II..... 830
Treasury, Secretary of
Certification to Congress
World Bank policies PL 106-429 Sec 918
implementation. 801(c)(1)(A).
Debt relief
Report to Congress............. PL 106-429 Sec 803(d). 920
Developing countries
Technical assistance........... PL 87-195 Sec 129..... 79
International Financial PL 105-277 Sec 603.... 955
Institution Advisory Commission.
MDBs
Strengthening procedures and PL 106-429 Sec 802(b). 919
management controls.
Report to Congress
IMF policies implementation.... PL 106-429 Sec 918
801(c)(1)(B).
World Bank policies PL 106-429 Sec 918
implementation. 801(c)(1)(B).
Tropical forests
Agency for International
Development
Country analysis requirements.. PL 87-195 Sec 118(e).. 69
Conservation of.................. PL 87-195 Sec 802..... 374
Developing countries
Eligibility for benefits....... PL 87-195 Sec 805..... 376
Enterprise for the Americas Board PL 87-195 Sec 811..... 382
Protection of
Agency for International PL 87-195 Sec 118(e).. 69
Development.
Private and voluntary PL 87-195 Sec 118(d).. 69
organizations.
Report to Congress............. PL 87-195 Sec 118(f).. 69
Tropical Forest Agreement
Contents of.................... PL 87-195 Sec 809(b).. 380
Secretary of State............. PL 87-195 Sec 809..... 380
Tropical Forest Conservation Act PL 87-195 Sec 801..... 373
of 1998.
Definitions.................... PL 87-195 Sec 803..... 375
Tropical Forest Facility
Consultation with Congress..... PL 87-195 Sec 812..... 383
Establishment of............... PL 87-195 Sec 804..... 376
Report to Congress............. PL 87-195 Sec 813..... 383
Tropical Forest Fund
Establishment of............... PL 87-195 Sec 810..... 382
Tuberculosis
Combating
Findings of Congress........... PL 87-195 Sec 104B(a). 47
Priority to Directly Observed PL 87-195 Sec 104B(d). 48
Treatment Short-course (DOTS)
coverage.
U.S. policy on................. PL 87-195 Sec 104B(b). 47
World global impact
Findings of Congress........... PL 108-25 Sec 2....... 507
Tunisia-U.S. relations
Economic Support Fund............ PL 99-83 Sec 805...... 688
Turkey-U.S. relations
Arms sales
Conflict with Cyprus........... PL 99-83 Sec 101(f)... 645
Arms sales credits
Repayment...................... PL 96-92 Sec 17(b).... 736
Eastern Mediterranean policy..... PL 95-384 Sec 13...... 754
Economic conditions
Impact on foreign debt......... PL 99-83 Sec 1205..... 691
Economic Support Fund
Foreign aid restrictions....... PL 108-11 Ch 5........ 888
Grants or loan guarantees...... PL 108-11 Ch 5........ 888
Supplemental appropriations, PL 108-11 Ch 5........ 887
2003.
Supplemental authorization, PL 96-92 Sec 27....... 738
1979.
Foreign aid
Disaster relief................ PL 87-195 Sec 495E.... 199
Operation Iraqi Freedom
Foreign aid conditions......... PL 108-11 Ch 5........ 888
Resolution in Cyprus............. PL 87-195 Sec 620C.... 311
U
Uganda-U.S. relations
Elections in..................... PL 96-533 Sec 719..... 735
Ukraine-U.S. relations
Arms sales to Iraq
Foreign aid prohibition........ PL 108-7 Title II..... 824
Foreign aid, 2003................ PL 108-7 Title II..... 823
Nuclear reactor safety
initiatives
Foreign aid, 2003.............. PL 108-7 Title II..... 823
Union of Soviet Socialist Republics
(see Soviet Union (former))
United Arab Republic
(see Egypt-U.S. relations)
United Nations
Arms sales....................... PL 90-629 Sec 4....... 400
Arms trade
Debate on...................... PL 91-672 Sec 6....... 791
Countries supporting U.S. policy
Report to Congress............. PL 101-167 Sec 527.... 987
Dues for membership
Foreign aid cut-off for PL 87-195 Sec 620(u).. 306
defaults.
Food supplies
Conference on.................. PL 93-189 Sec 39...... 785
International Atomic Energy
Agency
Program review, evaluation, and PL 87-195 Sec 155
audit. 301(e)(1).
International organizations
Use of membership funds........ PL 96-53 Sec 114...... 739
Lodge Commission................. PL 92-226 Sec 410..... 788
Member countries
Financial obligations to....... PL 97-113 Sec 717..... 712
Membership dues
Foreign aid funding prohibition PL 108-7 Sec 542...... 857
Nonaligned countries
Communique by.................. PL 97-113 Sec 720..... 713
United Nations--Continued
Peacekeeping operations
Providing data on costs........ PL 87-195 Sec 554..... 272
Relief and Works Agency
Middle East.................... PL 87-195 Sec 301(c).. 155
Sanctions against Iraq
Countries not in compliance.... PL 108-7 Sec 531...... 850
Technical assistance programs
Funds to the United Nations PL 87-195 Sec 301(g).. 156
Development Program.
UN-HABITAT
Appropriations, 2003........... PL 108-7 Title IV..... 834
Voluntary contributions
Restrictions on................ PL 108-7 Sec 550...... 860
War Crimes Tribunal
Drawdown....................... PL 108-7 Sec 546...... 858
United Nations Environment Program
U.S. contributions to............ PL 99-83 Sec 402...... 654
United Nations Environment Program
Participation Act of 1973
Appropriations, 2003............. PL 108-7 Title IV..... 834
United Nations High Commissioner
for Refugees
Appropriations, 2003............. PL 108-7 Title II..... 828
United Nations Population Fund
Appropriations, 2003
U.S. contributions to.......... PL 108-7 Sec 572...... 870
United States Commercial Centers
Appropriations authorization..... PL 102-549 Sec 401(i). 631
United States Government Activities PL 108-25 Sec 202(e).. 519
to Combat HIV/AIDS Globally,
Coordinator of.
United States Information Agency
Congressional oversight.......... PL 92-226 Sec 407..... 788
United States Leadership Against PL 108-25............. 504
HIV/AIDS, Tuberculosis, and
Malaria Act of 2003.
Definitions...................... PL 108-25 Sec 3....... 510
United States Microfinance Loan PL 87-195 Sec 132..... 89
Facility.
Definitions...................... PL 87-195 Sec 132(e).. 90
Report to Congress............... PL 87-195 Sec 90
132(b)(3).
United States Munitions List
Export and import controls....... PL 90-629 Sec 38...... 445
Export applications
Electronic system for filing PL 107-228 Sec 1403... 588
and review.
Review of by President
Report to Congress............. PL 90-629 Sec 38(f)... 451
United States National Authority
Non-governmental U.S. laboratory
Securing OPCW designation...... PL 107-228 Sec 1605(b) 593
United States Trade Representative
Overseas Private Investment
Corporation (OPIC)
Report to Congress............. PL 87-195 Sec 240B(b). 141
Uranium
Export of........................ PL 96-533 Sec 110..... 724
Uruguay-U.S. relations
Foreign aid...................... PL 99-83 Sec 720...... 675
USSR
(see Soviet Union (former))
Uzbekistan-U.S. relations
Foreign aid
Conditions for................. PL 108-7 Sec 574...... 871
Strategic partnership and
cooperation commitments
Report to Congress............. PL 107-206 Title I.... 909
Uzbekistan-U.S. relations--
Continued
Supplemental foreign aid
Conditions for................. PL 107-206 Title I.... 909
V
Vaccine Fund, The
U.S. contribution to............. PL 87-195 Sec 302(k).. 160
Vietnam War
(see Indochina War)
Vietnam-U.S. relations
Aid prohibition.................. PL 95-424 Sec 602..... 753
Aliens in the United States
Status of...................... PL 106-429 Sec 586.... 916
Amerasians
Admission to United States..... PL 100-202 Sec 584.... 1004
Foreign aid
Prohibited..................... PL 96-533 Sec 717..... 734
Vietnam Agreement (1973)......... PL 93-189 Sec 34...... 782
Visas
Eligible applicants not receiving
Report to Congress............. PL 106-386 Sec 107(g). 611
Voluntary agencies
Foreign aid...................... PL 87-195 Sec 635(c).. 338
Services and commodities....... PL 87-195 Sec 607..... 286
Transfer of excess property to... PL 87-195 Sec 607..... 286
Volunteer service programs
(see Peace Corps)
W
War crimes
Yugoslavia (former)
Foreign aid prohibition........ PL 108-7 Sec 576...... 872
Foreign aid waiver............. PL 108-7 Sec 576(e)... 872
Weapons
Chemical and biological
Proliferation control.......... PL 87-195 Sec 581..... 277
Transport of................... PL 91-672 Sec 13...... 793
NBC
Transfers of by foreign PL 107-228 Sec 1308... 573
countries.
Surplus stockpiles
Destruction of................. PL 107-228 Sec 1241... 570
U.S. nonproliferation and threat
reduction objectives
Report to Congress............. PL 107-228 Sec 1339... 586
U.S. nonproliferation efforts
Sense of Congress.............. PL 107-228 Sec 1332... 583
Weapons proliferation
Chemical, biological, and
conventional
Export control................. PL 87-195 Sec 581..... 277
Control of
Appropriations authorization, PL 107-228 Sec 1302... 571
2003.
Foreign aid.................... PL 87-195 Sec 585..... 278
Training programs.............. PL 107-228 Sec 1302... 571
Interdiction
Foreign aid.................... PL 87-195 Sec 583..... 277
International control strategy
Report to Congress............. PL 107-228 Sec 1309... 576
West Bank and Gaza
Economic Support Fund
Review of U.S. assistance...... PL 108-7 Sec 568...... 869
Legal reforms
Appropriations, 2003........... PL 108-7 Title II..... 820
Western Sahara-U.S. relations
Foreign aid
Conditions for................. PL 99-83 Sec 808...... 689
Women
Economic development process..... PL 87-195 Sec 113..... 58
Female genital mutilation
U.S. opposition to............. PL 104-208 Sec 579.... 963
International organizations
Integration into policy-making PL 87-195 Sec 305..... 161
positions.
Sub-Saharan Africa
Developmental activities PL 87-195 Sec 496(g).. 205
participation.
Trafficking victims
Findings of Congress........... PL 106-386 Sec 102(b). 600
United Nations Decade for Women
Support for.................... PL 87-195 Sec 113(c).. 58
Worker rights
Internationally recognized
Restrictions under this Act.... PL 102-549 Sec 802.... 634
World Assembly on Aging
Convening of..................... PL 95-424 Sec 117(e).. 751
World Bank
Appropriations, 2003............. PL 108-7 Title IV..... 833
Policies implementation
Certification by Secretary of PL 106-429 Sec 918
the Treasury. 801(c)(1)(A).
Program review, evaluation, and PL 87-195 Sec 156
audit. 301(e)(2).
World Food Conference
Presidential implementation of PL 93-559 Sec 55...... 779
policies.
World Food Program
Appropriations, 2003............. PL 108-7 Title IV..... 834
Y
Yugoslavia (former)
War Crimes Tribunal
Information on................. PL 108-7 Sec 546...... 858
Yugoslavia-U.S. relations
Overseas Private Investment
Corporation
Presidential determination..... PL 87-195 Sec 239(f).. 137
Z
Zaire-U.S. relations
Economic Support Fund............ PL 99-83 Sec 804...... 688
Shaba airlift.................... PL 96-92 Sec 26....... 737
Zimbabwe-U.S. relations
Foreign aid
Notification requirements...... PL 108-7 Sec 520...... 844
Opposing loans to................ PL 108-7 Sec 556...... 863