[JPRT, 109th Congress]
[From the U.S. Government Publishing Office]




                 COMMITTEE ON INTERNATIONAL RELATIONS
                     COMMITTEE ON FOREIGN RELATIONS

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

 
        Legislation on
        Foreign Relations
        Through 2005

                                     
[GRAPHIC] [TIFF OMITTED] TONGRESS.#15

                                     

                              JANUARY 2006

                               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 : 2006
24-796 PS                                                               
_____________________________________________________________________________
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                  COMMITTEE ON INTERNATIONAL RELATIONS

                   HENRY J. HYDE, Illinois, Chairman

JAMES A. LEACH, Iowa                 TOM LANTOS, California
CHRISTOPHER H. SMITH, New Jersey,    HOWARD L. BERMAN, California
  Vice Chairman                      GARY L. ACKERMAN, New York
DAN BURTON, Indiana                  ENI F.H. FALEOMAVAEGA, American 
ELTON GALLEGLY, California           Samoa
ILEANA ROS-LEHTINEN, Florida         DONALD M. PAYNE, New Jersey
DANA ROHRABACHER, California         SHERROD BROWN, Ohio
EDWARD R. ROYCE, California          BRAD SHERMAN, California
PETER T. KING, New York              ROBERT WEXLER, Florida
STEVE CHABOT, Ohio                   ELIOT L. ENGEL, New York
THOMAS G. TANCREDO, Colorado         WILLIAM D. DELAHUNT, Massachusetts
RON PAUL, Texas                      GREGORY W. MEEKS, New York
DARRELL ISSA, California             BARBARA LEE, California
JEFF FLAKE, Arizona                  JOSEPH CROWLEY, New York
JO ANN DAVIS, Virginia               EARL BLUMENAUER, Oregon
MARK GREEN, Wisconsin                SHELLEY BERKLEY, Nevada
JERRY WELLER, Illinois               GRACE F. NAPOLITANO, California
MIKE PENCE, Indiana                  ADAM B. SCHIFF, California
THADDEUS G. McCOTTER, Michigan       DIANE E. WATSON, California
KATHERINE HARRIS, Florida            ADAM SMITH, Washington
JOE WILSON, South Carolina           BETTY McCOLLUM, Minnesota
JOHN BOOZMAN, Arkansas               BEN CHANDLER, Kentucky
J. GRESHAM BARRETT, South Carolina   DENNIS A. CARDOZA, California
CONNIE MACK, Florida
JEFF FORTENBERRY, Nebraska
MICHAEL McCAUL, Texas
TED POE, Texas

         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 CHAFEE, Rhode Island         PAUL S. SARBANES, Maryland
GEORGE ALLEN, Virginia               CHRISTOPHER J. DODD, Connecticut
NORM COLEMAN, Minnesota              JOHN F. KERRY, Massachusetts
GEORGE V. VOINOVICH, Ohio            RUSSELL D. FEINGOLD, Wisconsin
LAMAR ALEXANDER, Tennessee           BARBARA BOXER, California
JOHN E. SUNUNU, New Hampshire        BILL NELSON, Florida
LISA MURKOWSKI, Alaska               BARACK OBAMA, Illinois
MEL MARTINEZ, Florida

                 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 (A and B), III and IV contain 
legislation and related material and are republished with 
amendments and additions on a regular basis. Volume V, which 
contains treaties and related material, will be revised as 
necessary.
    We wish to express our appreciation to Dianne E. Rennack 
and Larry Q. Nowels 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.

                                                  January 17, 2006.

                                 (iii)


                            EXPLANATORY NOTE

                              ----------                              

    The body of statutory law set out in this volume was in 
force, as amended, at the end of 2005.
    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 December 30, 2005.
    Corrections may be sent to Dianne E. Rennack at Library of 
Congress, Congressional Research Service, Washington D.C., 
20540-7460, or by e-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............................   923

APPENDICES.......................................................  1161

INDEX............................................................  1205

                                 (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....................................    36
                Section 103A--Agricultural Research..............    39
                Section 104--Population and Health...............    39
                Section 104A--Assistance to Combat HIV/AIDS......    48
                Section 104B--Assistance to Combat Tuberculosis..    54
                Section 104C--Assistance to Combat Malaria.......    55
                Section 105--Education and Human Resources 
                    Development..................................    56
                Section 106--Energy, Private Voluntary 
                    Organizations, and Selected Development 
                    Activities...................................    57
                Section 107--Appropriate Technology..............    60
                Section 109--Transfer of Funds...................    61
                Section 110--Cost-Sharing and Funding Limits.....    61
                Section 111--Development and Use of Cooperatives.    62
                Section 113--Integrating Women Into National 
                    Economies....................................    63
                Section 116--Human Rights........................    63
                Section 117--Environment and Natural Resources...    70
                Section 118--Tropical Forests....................    71
                Section 119--Endangered Species..................    74
                Section 120--Sahel Development Program--Planning.    76
                Section 122--General Authorities.................    77
                Section 123--Private and Voluntary Organizations 
                    and Cooperatives in Overseas Development.....    78
                Section 124--Relatively Least Developed Countries    81
                Section 125--Project and Program Evaluation......    82
                Section 126--Development and Illicit Narcotics 
                    Production...................................    82
                Section 127--Accelerated Loan Repayments.........    83
                Section 128--Targeted Assistance.................    83
                Section 129--Program to Provide Technical 
                    Assistance to Foreign Governments and Foreign 
                    Central Banks of Developing or Transitional 
                    Countries....................................    84
                Section 130--Assistance for Victims of Torture...    89
                Section 133--Programs to Encourage Good 
                    Governance...................................    89
                Section 134--Assistance to Foreign Countries to 
                    Meet Minimum Standards for the Elimination of 
                    Trafficking..................................    92
                Section 135--Assistance for Orphans and Other 
                    Vulnerable Children..........................    93
                Section 135--Assistance to Provide Safe Water and 
                    Sanitation...................................    97
            Chapter 2--Other Programs............................    97
            Title I--Multilateral and Regional Development 
              Programs...........................................    98
                Section 206--Regional Development in Africa......    98
                Section 209--Multilateral and Regional Programs..    98
            Title II--American Schools and Hospitals Abroad; 
              Prototype Desalting Plant..........................    99
                Section 214--American Schools and Hospitals 
                    Abroad.......................................    99
                Section 219--Prototype Desalting Plant...........   100
            Title III--Housing and Other Credit Guaranty Programs   102
                Section 221--Housing Guaranties..................   102
                Section 222--Authorization.......................   102
                Section 222A--Agricultural and Productive Credit 
                    and Self-Help Community Development Programs.   104
                Section 223--General Provisions..................   106
                Section 224--Trade Credit Insurance Program for 
                    Central America..............................   109
                Section 225--Trade Credit Insurance Program for 
                    Poland.......................................   110
                Section 226--Loan Guarantees to Israel Program...   112
            Title IV--Overseas Private Investment Corporation....   116
                Section 231--Creation, Purpose and Policy........   116
                Section 231A--Additional Requirements............   119
                Section 232--Capital of the Corporation..........   121
                Section 233--Organization and Management.........   121
                Section 234--Investment Insurance and Other 
                    Programs.....................................   124
                Section 234A--Enhancing Private Political Risk 
                    Insurance Industry...........................   130
                Section 235--Issuing Authority, Direct Investment 
                    Authority and Reserves.......................   132
                Section 236--Income and Revenues.................   135
                Section 237--General Provisions Relating to 
                    Insurance Guaranty, and Financing Program....   136
                Section 238--Definitions.........................   140
                Section 239--General Provisions and Powers.......   141
                Section 240--Small Business Development..........   145
                Section 240A--Reports to the Congress............   145
                Section 240B--Prohibition on Noncompetitive 
                    Awarding of Insurance Contracts on OPIC 
                    Supported Exports............................   147
            Title V--Disadvantaged Children in Asia..............   148
                Section 241--Assistance to Certain Disadvantaged 
                    Children in Asia.............................   148
            Title VI--Microenterprise Development Assistance.....   149
            Subtitle A--Grant Assistance.........................   149
                Section 251--Findings and Policy.................   149
                Section 252--Authorization; Implementation; 
                    Targeted Assistance..........................   150
                Section 253--Monitoring System...................   151
                Section 254--Development and Certification of 
                    Poverty Measurement Methods; Application of 
                    Methods......................................   152
                Section 255--Additional Authorities..............   152
            Subtitle B--Credit Assistance........................   153
                Section 256--Microenterprise Development Credits.   153
            Subtitle C--United States Microfinance Loan Facility.   156
                Section 257--United States Microfinance Loan 
                    Facility.....................................   156
            Subtitle D--Miscellaneous Provisions.................   158
                Section 258--Report..............................   158
                Section 259--Definitions.........................   159
            Title IX--Utilization of Democratic Institutions in 
              Development........................................   161
                Section 281--Utilization of Democratic 
                    Institutions in Development..................   161
            Title XII--Famine Prevention and Freedom From Hunger.   162
                Section 296--General Provisions..................   162
                Section 297--General Authority...................   167
                Section 298--Board for International Food and 
                    Agricultural Development.....................   169
                Section 299--Authorization.......................   172
                Section 300--Annual Report.......................   172
            Chapter 3--International Organizations and Programs..   172
                Section 301--General Authority...................   172
                Section 302--Authorization.......................   175
                Section 303--Indus Basin Development.............   179
                Section 305--Integration of Women................   180
                Section 306--Reports on International 
                    Organizations................................   180
                Section 307--Withholding of United States 
                    Proportionate Share for Certain Programs of 
                    International Organizations..................   180
            Chapter 5--Contingencies.............................   183
                Section 451--Contingencies.......................   183
            Chapter 6--Central America Democracy, Peace, and 
              Development Initiative.............................   184
                Section 461--Statement of Policy.................   184
                Section 462--Conditions on Furnishing Assistance.   185
                Section 463--Peace Process in Central America....   185
                Section 464--Economic Assistance Coordination....   186
                Section 465--Authorization for Fiscal Years 1988 
                    and 1989.....................................   187
                Section 466--Definitions.........................   188
            Chapter 7--Debt-For-Nature Exchanges.................   188
                Section 461--Definition..........................   188
                Section 462--Assistance for Commercial Debt 
                    Exchanges....................................   188
                Section 463--Eligible Projects...................   189
                Section 464--Eligible Countries..................   189
                Section 465--Terms and Conditions................   190
                Section 466--Pilot Program for Sub-Saharan Africa   190
            Chapter 8--International Narcotics Control...........   191
                Section 481--Policy, General Authorities, 
                    Coordination, Foreign Police Actions, 
                    Definitions, and Other Provisions............   191
                Section 482--Authorization.......................   196
                Section 483--Prohibition on Use of Foreign 
                    Assistance for Reimbursements for Drug Crop 
                    Eradications.................................   200
                Section 484--Requirements Relating to Aircraft 
                    and Other Equipment..........................   201
                Section 485--Records of Aircraft Use.............   202
                Section 486--Reallocation of Funds Withheld from 
                    Countries Which Fail to Take Adequate Steps 
                    to Halt Illicit Drug Production or 
                    Trafficking..................................   202
                Section 487--Prohibition on Assistance to Drug 
                    Traffickers..................................   203
                Section 488--Limitations on Acquisition of Real 
                    Property and Construction of Facilities......   203
                Section 489--Reporting Requirements..............   204
                Section 490--Annual Certification Procedures.....   208
            Chapter 9--International Disaster Assistance.........   214
                Section 491--Policy and General Authority........   214
                Section 492--Authorization.......................   214
                Section 493--Disaster Assistance--Coordination...   217
                Section 494--Disaster Relief Assistance..........   217
                Section 495--Cyprus Relief and Rehabilitation....   218
                Section 495B--Italy Relief and Rehabilitation....   218
                Section 495C--Lebanon Relief and Rehabilitation..   219
                Section 495D--Romanian Relief and Rehabilitation.   220
                Section 495E--Turkey Relief, Rehabilitation, and 
                    Reconstruction...............................   220
                Section 495F--African Rehabilitation and 
                    Resettlement.................................   220
                Section 495G--Special Caribbean Hurricane Relief 
                    Assistance...................................   221
                Section 495H--Cambodian Disaster Relief 
                    Assistance...................................   221
                Section 495I--Assistance for Displaced Persons in 
                    Central America..............................   222
                Section 495J--Lebanon Emergency Relief, 
                    Rehabilitation, and Reconstruction Assistance   223
                Section 495K--African Famine Assistance..........   224
            Chapter 10--Development Fund for Africa..............   225
                Section 496--Long-Term Development Assistance for 
                    Sub-Saharan Africa...........................   225
                Section 497--Authorizations of Appropriations for 
                    the Development Fund for Africa..............   230
            Chapter 11--Support for the Economic and Democratic 
              Development of the Independent States of the Former 
              Soviet Union.......................................   232
                Section 498--Assistance for the Independent 
                    States.......................................   232
                Section 498A--Criteria for Assistance to 
                    Governments of the Independent States........   236
                Section 498B--Authorities Relating to Assistance 
                    and Other Provisions.........................   240
                Section 498C--Authorization of Appropriations....   243
            Chapter 12--Support for the Economic and Political 
              Independence of the Countries of the South Caucasus 
              and Central Asia...................................   246
                Section 499--United States Assistance to Promote 
                    Reconciliation and Recovery from Regional 
                    Conflicts....................................   246
                Section 499A--Economic Assistance................   246
                Section 499B--Development of Infrastructure......   247
                Section 499C--Border Control Assistance..........   247
                Section 499D--Strengthening Democracy, Tolerance, 
                    and the Development of Civil Society.........   248
                Section 499E--Administrative Authorities.........   249
                Section 499F--Definitions........................   249
        Part II
            Chapter 1--Policy....................................   249
                Section 501--Statement of Policy.................   249
                Section 502--Utilization of Defense Articles and 
                    Services.....................................   251
                Section 502B--Human Rights.......................   251
            Chapter 2--Military Assistance.......................   258
                Section 503--General Authority...................   258
                Section 504--Authorization.......................   260
                Section 505--Conditions of Eligibility...........   260
                Section 506--Special Authority...................   264
                Section 511--Considerations in Furnishing 
                    Military Assistance..........................   269
                Section 514--Stockpiling of Defense Articles for 
                    Foreign Countries............................   269
                Section 515--Overseas Management of Assistance 
                    and Sales Programs...........................   272
                Section 516--Authority to Transfer Excess Defense 
                    Articles.....................................   274
                Section 517--Designation of Major Non-NATO Allies   278
            Chapter 3--Foreign Military Sales....................   279
                Section 524--Reimbursements......................   279
            Chapter 4--Economic Support Fund.....................   280
                Section 531--Authority...........................   281
                Section 532--Authorizations of Appropriations....   282
                Section 533--Emergency Assistance................   285
                Section 534--Administration of Justice...........   285
            Chapter 5--International Military Education and 
              Training...........................................   287
                Section 541--General Authority...................   287
                Section 542--Authorization.......................   288
                Section 543--Purposes............................   289
                Section 544--Exchange Training...................   290
                Section 545--Training in Maritime Skills.........   291
                Section 546--Prohibition on Grant Assistance for 
                    Certain High Income Foreign Countries........   291
                Section 547--Consultation Requirement............   291
                Section 548--Records Regarding Foreign 
                    Participants.................................   291
                Section 549--Human Rights Report.................   292
            Chapter 6--Peacekeeping Operations...................   292
                Section 551--General Authority...................   292
                Section 552--Authorization of Appropriations.....   292
                Section 553--Administrative Authorities..........   295
                Section 554--Data on Costs Incurred in Support of 
                    United Nations Peacekeeping Operations.......   295
            Chapter 7--Air Base Construction in Israel...........   295
                Section 561--General Authority...................   295
                Section 562--Authorization and Utilization of 
                    Funds........................................   295
                Section 563--Waiver Authorities..................   296
            Chapter 8--Antiterrorism Assistance..................   296
                Section 571--General Authority...................   296
                Section 572--Purposes............................   297
                Section 573--Limitations.........................   297
                Section 574--Authorizations of Appropriations....   298
                Section 575--Administrative Authorities..........   300
            Chapter 9--Nonproliferation and Export Control 
              Assistance.........................................   300
                Section 581--Purposes............................   300
                Section 582--Authorization of Assistance.........   301
                Section 583--Transit Interdiction................   301
                Section 584--International Nonproliferation 
                    Export Control Training......................   301
                Section 585--Limitations.........................   302
                Section 586--Authorization of Appropriations.....   302
        Part III
            Chapter 1--General Provisions........................   303
                Section 601--Encouragement of Free Enterprise and 
                    Private Participation........................   303
                Section 602--Small Business......................   306
                Section 603--Shipping on United States Vessels...   306
                Section 604--Procurement.........................   306
                Section 605--Retention and Use of Certain Items 
                    and Funds....................................   308
                Section 606--Patents and Technical Information...   309
                Section 607--Furnishing of Services and 
                    Commodities..................................   310
                Section 608--Advance Acquisition of Property.....   312
                Section 610--Transfer Between Accounts...........   314
                Section 611--Completion of Plans and Cost 
                    Estimates....................................   315
                Section 612--Use of Foreign Currencies...........   316
                Section 613--Accounting, Valuation, Reporting, 
                    and Administration of Foreign Currencies.....   318
                Section 614--Special Authorities.................   319
                Section 615--Contract Authority..................   321
                Section 616--Availability of Funds...............   321
                Section 617--Termination of Assistance...........   321
                Section 620--Prohibitions Against Furnishing 
                    Assistance...................................   323
                Section 620A--Prohibition on Assistance to 
                    Governments Supporting International 
                    Terrorism....................................   334
                Section 620C--United States Policy Regarding the 
                    Eastern Mediterranean........................   337
                Section 620E--Assistance to Pakistan.............   340
                Section 620F--Nuclear Non-Proliferation Policy in 
                    South Asia...................................   344
                Section 620G--Prohibition on Assistance to 
                    Countries That Aid Terrorist States..........   345
                Section 620G--Depleted Uranium Ammunition........   345
                Section 620H--Prohibition on Assistance to 
                    Countries That Provide Military Equipment to 
                    Terrorist States.............................   346
                Section 620I--Prohibition on Assistance to 
                    Countries That Restrict United States 
                    Humanitarian Assistance......................   347
            Chapter 2--Administrative Provisions.................   348
                Section 621--Exercise of Functions...............   348
                Section 621A--Strengthened Management Practices..   349
                Section 622--Coordination With Foreign Policy....   349
                Section 623--The Secretary of Defense............   350
                Section 624--Statutory Officers..................   350
                Section 625--Employment of Personnel.............   351
                Section 626--Experts, Consultants, and Retired 
                    Officers.....................................   353
                Section 627--Detail of Personnel to Foreign 
                    Governments..................................   354
                Section 628--Detail of Personnel to International 
                    Organizations................................   355
                Section 629--Status of Personnel Detailed........   355
                Section 630--Terms of Detail or Assignment.......   355
                Section 631--Missions and Staffs Abroad..........   356
                Section 632--Allocation and Reimbursement Among 
                    Agencies.....................................   357
                Section 633--Waivers of Certain Laws.............   359
                Section 633A--Furnishing Information.............   360
                Section 634--Annual Report.......................   360
                Section 634A--Notification of Program Changes....   363
                Section 634B--Classification of Reports..........   364
                Section 635--General Authorities.................   364
                Section 636--Provisions on Uses of Funds.........   368
                Section 637--Administrative Expenses.............   373
                Section 638--Exclusions..........................   373
                Section 640A--False Claims and Ineligible 
                    Commodities..................................   373
                Section 640B--Coordination.......................   374
                Section 640C--Shipping Differential..............   376
            Chapter 3--Miscellaneous Provisions..................   376
                Section 641--Effective Date and Identification of 
                    Programs.....................................   376
                Section 642--Statutes Repealed...................   376
                Section 643--Saving Provisions...................   377
                Section 644--Definitions.........................   378
                Section 645--Unexpended Balances.................   381
                Section 646--Construction........................   381
                Section 647--Dependable Fuel Supply..............   381
                Section 648--Special Authorization for Use of 
                    Foreign Currencies...........................   381
                Section 650--Use of United States Armed Forces...   381
                Section 652--Limitation Upon Exercise of Special 
                    Authorities..................................   382
                Section 653--Change in Allocation of Foreign 
                    Assistance...................................   382
                Section 654--Presidential Findings and 
                    Determinations...............................   383
                Section 655--Annual Military Assistance Report...   384
                Section 656--Annual Foreign Military Training 
                    Report.......................................   385
                Section 660--Prohibiting Police Training.........   386
                Section 661--Trade and Development Agency........   389
                Section 663--Exchanges of Certain Materials......   393
                Section 666--Discrimination Against United States 
                    Personnel....................................   394
                Section 667--Operating Expenses..................   394
        Part IV
            Enterprise for the Americas Initiative...............   397
                Section 701--Purpose.............................   397
                Section 702--Definitions.........................   398
                Section 703--Eligibilty for Benefits.............   398
                Section 704--Reduction of Certain Debt...........   399
                Section 705--Repayment of Principal..............   400
                Section 706--Interest on New Obligations.........   400
                Section 707--Enterprise for the Americas Funds...   400
                Section 708--Americas Framework Agreements.......   401
                Section 709--Enterprise for the Americas Board...   403
                Section 710--Annual Reports to the Congress......   404
        Part V
            Debt Reduction for Developing Countries with Tropical 
              Forests............................................   405
                Section 801--Short Title.........................   405
                Section 802--Findings and Purposes...............   407
                Section 803--Definitions.........................   408
                Section 804--Establishment of the Facility.......   409
                Section 805--Eligiblity for Benefits.............   409
                Section 806--Reduction of Debt Owed to the United 
                    States As a Result of Concessional Loans 
                    Under the Foreign Assistance Act of 1961.....   409
                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...................   411
                Section 808--Authority to Engage in Debt-for-
                    Nature Swaps and Debt Buybacks...............   412
                Section 809--Tropical Forest Agreement...........   414
                Section 810--Tropical Forest Fund................   415
                Section 811--Board...............................   416
                Section 812--Consultations with the Congress.....   416
                Section 813--Annual Reports to the Congress......   417
    b. Arms Export Control Act (Public Law 90-629)...............   418
    c. Transfer of Items in the War Reserves Stockpile for 
      Allies, Korea (Public Law 109-159).........................   543
    d. Naval Vessels Transfer Act of 2005 (Public Law 109-134)...   545
    e. Senator Paul Simon Water for the Poor Act of 2005 (Public 
      Law 109-121) (partial text)................................   547
    f. Assistance for Orphans and Other Vulnerable Children in 
      Developing Countries Act of 2005 (Public Law 109-95) 
      (partial text).............................................   554
    g. North Korean Human Rights Act of 2004 (Public Law 108-333)   559
    h. Millennium Challenge Act of 2003 (Public Law 108-199).....   571
    i. HELP Commission Act (Public Law 108-199)..................   589
    j. Syria Accountability and Lebanese Sovereignty Restoration 
      Act of 2003 (Public Law 108-175)...........................   596
    k. Microenterprise...........................................   604
            (1) Microenterprise Results and Accountability Act of 
              2004 (Public Law 108-484) (partial text)...........   604
            (2) Microenterprise Report to Congress (Public Law 
              108-31) (partial text).............................   607
    l. United States Leadership Against HIV/AIDS, Tuberculosis, 
      and Malaria Act of 2003 (Public Law 108-25)................   608
    m. Afghanistan...............................................   644
            (1) Afghanistan Freedom Support Act of 2002 (Public 
              Law 107-327).......................................   644
            (2) Afghanistan Freedom Support Act Amendments of 
              2004 (Public Law 108-458) (partial text)...........   668
    n. Sudan.....................................................   671
            (1) Comprehensive Peace in Sudan Act of 2004 (Public 
              Law 108-497).......................................   671
            (2) Sudan Peace Act (Public Law 107-245).............   677
    o. Trafficking in Persons....................................   687
        (1) Trafficking Victims Protection Act of 2000 (Public 
          Law 106-386)...........................................   687
        (2) Trafficking Victims Protection Reauthorization Act of 
          2005 (Public Law 109-164) (partial text)...............   719
        (3) Trafficking Victims Protection Reauthorization Act of 
          2003 (Public Law 108-193) (partial text)...............   728
        (4) 18 United States Code--Trafficking in Persons........   730
        (5) President's Interagency Task Force to Monitor and 
          Combat Trafficking in Persons (Executive Order 13257)..   734
    p. Jobs Through Trade Export Act of 1994 (Public Law 103-392) 
      (partial text).............................................   738
    q. Jobs Through Export Act of 1992 (Public Law 102-549)......   740
    r. Overseas Private Investment Corporation Amendments Act of 
      1988 (Public Law 100-461) (partial text)...................   749
    s. Special Foreign Assistance Act of 1986 (Public Law 99-529) 
      (partial text).............................................   751
    t. International Security and Development Cooperation Act of 
      1985 (Public Law 99-83) (partial text).....................   757
            Section 1--Short Title and Table of Contents.........   757
        Title I--Military Assistance and Sales and Related 
          Programs...............................................   757
            Section 101--Foreign Military Sales Credits..........   757
            Section 106--Guaranty Reserve Fund...................   759
            Section 129--Conventional Arms Transfers.............   759
            Section 130--Foreign Military Sales for Jordan.......   760
            Section 131--Certification Concerning AWACS Sold to 
              Saudi Arabia.......................................   761
            Section 132--Cooperative Agreements on Air Defense in 
              Central Europe.....................................   762
        Title II--Economic Support Fund..........................   764
            Section 202--Assistance for the Middle East..........   764
            Section 203--Assistance for Cyprus...................   765
            Section 204--Assistance for Portugal.................   766
            Section 205--Acquisition of Agricultural Commodities 
              Under Commodity Import Programs....................   766
            Section 206--Tied Aid Credit Program.................   766
            Section 207--Restriction on Use of Funds for Nuclear 
              Facilities.........................................   767
            Section 208--Fiscal Year 1985 Supplemental 
              Authorization......................................   767
        Title III--Development Assistance........................   767
            Section 305--Promotion of Immunization and Oral 
              Rehydration........................................   767
            Section 311--Use of Private and Voluntary 
              Organizations, Cooperatives, and the Private Sector   767
            Section 315--Minority Set-Aside......................   768
        Title IV--Other Foreign Assistance Programs..............   768
            Section 402--Voluntary Contributions to International 
              Organizations and Programs.........................   768
        Title V--International Terrorism and Foreign Airport 
          Security...............................................   768
                Part A--International Terrorism Generally
            Section 502--Coordination of All United States 
              Terrorism-Related Assistance to Foreign Countries..   769
            Section 504--Prohibition on Imports From and Exports 
              to Libya...........................................   769
            Section 505--Ban on Importing Goods and Services from 
              Countries Supporting Terrorism.....................   769
            Section 506--International Anti-Terrorism Committee..   770
            Section 507--International Terrorism Control Treaty..   770
            Section 508--State Terrorism.........................   770
                Part B--Foreign Airport Security
            Section 551--Security Standards for Foreign Air 
              Transportation.....................................   770
            Section 554--Enforcement of International Civil 
              Aviation Organization Standards....................   771
            Section 555--International Civil Aviation Boycott of 
              Countries Supporting International Terrorism.......   771
            Section 557--Research on Airport Security Techniques 
              for Detecting Explosives...........................   771
            Section 558--Hijacking of TWA Flight 847 and Other 
              Acts of Terrorism..................................   771
            Section 559--Effective Date..........................   772
        Title VI--International Narcotics Control................   772
            Section 607--Procurement of Weapons to Defend 
              Aircraft Involved in Narcotics Control Efforts.....   772
            Section 610--Assistance for Jamaica..................   772
            Section 611--Assistance for Bolivia..................   773
            Section 612--Assistance to Peru......................   774
            Section 613--Reallocation of Funds if Conditions Not 
              Met................................................   774
            Section 615--Latin American Regional Narcotics 
              Control Organization...............................   775
            Section 616--Greater Effort by United States Armed 
              Forces to Support Narcotics Control Efforts Abroad.   775
            Section 617--Cuban Drug Trafficking..................   775
            Section 619--Drug Trafficking and the Problem of 
              Total Confidentiality of Certain Foreign Bank 
              Accounts...........................................   776
        Title VII--Western Hemisphere............................   777
            Section 702--El Salvador.............................   777
            Section 703--Assistance for Guatemala................   780
            Section 704--Refugees in Honduras....................   782
            Section 705--Promoting the Development of the Haitian 
              People and Providing for Orderly Emigration from 
              Haiti..............................................   782
            Section 706--Military Assistance for Paraguay........   783
            Section 707--Assistance for Peru.....................   783
            Section 709--Comprehensive Reports on Assistance for 
              Latin America and the Caribbean....................   784
            Section 710--Use of Private and Voluntary 
              Organizations......................................   784
            Section 713--Use of Employee Stock Ownership Plans in 
              Development Efforts................................   784
            Section 714--International Advisory Commission for 
              the Caribbean Region...............................   785
            Section 716--Rural Electrification...................   787
            Section 717--Facilitating International Commerce 
              Through Mexico.....................................   787
            Section 718--Condemning Human Rights Violations and 
              the Subversion of Other Governments by the 
              Government of Cuba.................................   787
            Section 719--Reports on Foreign Debt in Latin America   788
            Section 720--Economic Assistance for Uruguay.........   788
            Section 721--Canadian Exports to the United States...   788
            Section 722--Nicaragua...............................   789
        Title VIII--Africa.......................................   799
            Section 801--Balance-of-Payments Support for 
              Countries in Africa................................   799
            Section 802--Economic Support Assistance for Southern 
              Africa.............................................   800
            Section 803--Policy Toward South African 
              ``Homelands''......................................   801
            Section 804--Assistance for Zaire....................   802
            Section 805--Assistance for Tunisia..................   802
            Section 806--Political Settlement in Sudan...........   802
            Section 807--Elections in Liberia....................   803
            Section 808--Western Sahara..........................   803
            Section 813--Assistance for the People's Republic of 
              Mozambique.........................................   803
        Title IX--Asia...........................................   804
            Section 901--The Philippines.........................   804
            Section 903--Disadvantaged Children in Asia..........   806
            Section 904--Assistance for Afghanistan..............   806
            Section 905--Assistance for the Cambodian People.....   807
            Section 906--Prohibition on Certain Assistance for 
              the Khmer Rouge....................................   807
            Section 907--Political Settlement in Sri Lanka.......   807
            Section 908--United States Policy Toward the Republic 
              of Korea...........................................   808
        Title X--Food and Agricultural Assistance................   808
            Section 1008--Long-Term Agricultural Commodity 
              Agreements with Food Deficit Countries.............   808
        Title XI--Peace Corps....................................   808
            Section 1103--Limitation on Length of Peace Corps 
              Employment.........................................   809
            Section 1104--Peace Corps National Advisory Council..   809
        Title XII--Miscellaneous Provisions Relating to Foreign 
          Assistance.............................................   809
            Section 1205--Reports on Economic Conditions in 
              Certain Countries..................................   809
            Section 1206--Egyptian-Israeli Relations.............   809
            Section 1210--Report on United States Assistance to 
              Coal Exporting Nations.............................   809
        Title XIII--Miscellaneous Provisions.....................   810
            Section 1301--Effective Date.........................   810
            Section 1302--Codification of Policy Prohibiting 
              Negotiations with the Palestine Liberation 
              Organization.......................................   810
            Section 1303--Commission for the Preservation of 
              America's Heritage Abroad..........................   811
            Section 1304--Federal Coal Export Commission.........   813
    u. International Security and Development Assistance 
      Authorization Act of 1983 (Public Law 98-151) (partial 
      text)......................................................   815
    v. International Security and Development Cooperation Act of 
      1981 (Public Law 97-113) (partial text)....................   819
            Section 1--Short Title...............................   819
        Title I--Military Sales and Related Programs.............   819
            Section 108--Special Defense Acquisition Fund........   819
        Title II--Economic Support Fund..........................   820
            Section 203--Acquisition of Agricultural Commodities 
              and Related Products Under Commodity Import 
              Programs...........................................   820
        Title III--Development Assistance........................   820
            Section 301--Agriculture, Rural Development, and 
              Nutrition..........................................   820
        Title IV--Food for Peace Programs........................   821
            Section 403--Self-Help Measures To Increase 
              Agricultural Production; Verification of Self-Help 
              Provisions.........................................   821
        Title V--Other Assistance Programs.......................   821
            Section 502--International Narcotics Control.........   821
        Title VI--Peace Corps....................................   822
            Section 601--Establishment as an Independent Agency..   822
            Section 604--Restoration of Certain Authorities 
              Formerly Contained in the Foreign Service Act......   822
        Title VII--Miscellaneous Provisions......................   822
            Section 705--Inspector General.......................   822
            Section 708--Emergency Humanitarian Help for the 
              People of Poland...................................   822
            Section 709--Use of Certain Polish Currencies........   823
            Section 710--Findings Regarding Global Security......   823
            Section 711--World Food Security Reserves............   823
            Section 712--Findings and Declaration of Policy 
              Regarding World Hunger.............................   824
            Section 713--Reaffirmation of Support for Human 
              Rights Provisions..................................   824
            Section 714--Immigrant Visas for Taiwan..............   824
            Section 715--Lebanon.................................   824
            Section 716--Use of Chemical and Toxic Weapons.......   825
            Section 717--Financial Obligations to the United 
              Nations............................................   826
            Section 718--Condemnation of Libya for its Support of 
              International Terrorist Movements..................   826
            Section 719--United States Citizens Acting in the 
              Service of International Terrorism.................   827
            Section 720--Nonaligned Countries....................   827
            Section 721--Promoting the Development of the Haitian 
              People and Providing for Orderly Emigration from 
              Haiti..............................................   828
            Section 722--Comprehensive Analysis of Foreign 
              Assistance.........................................   828
            Section 723--External Debt Burdens of Egypt, Israel, 
              and Turkey.........................................   829
            Section 724--Nicaragua...............................   829
            Section 726--Repeal of Limitations on Assistance, 
              Sales and Sales Credits for Chile..................   830
            Section 727--Assistance for El Salvador..............   831
            Section 728--Restrictions on Military Assistance and 
              Sales to El Salvador...............................   832
            Section 729--Reporting Requirement Relating to El 
              Salvador...........................................   834
            Section 730--Restrictions on Aid to El Salvador......   835
            Section 731--El Salvadoran Refugees..................   835
            Section 734--Repeals.................................   835
            Section 735--Report on Nuclear Activities............   835
            Section 737--Prohibitions Relating to Nuclear 
              Transfers and Nuclear Detonations..................   836
    w. International Security and Development Cooperation Act of 
      1980 (Public Law 96-533) (partial text)....................   837
            Section 1--Short Title...............................   837
        Title I--Military and Related Assistance and Sales 
          Programs...............................................   837
            Section 106--Foreign Military Sales Authorization and 
              Aggregate Ceiling..................................   838
            Section 110--Exportation of Uranium Depleted in the 
              Isotope 235........................................   838
            Section 119--Prohibition on Military Assistance to 
              Nicaragua..........................................   839
        Title III--Development Assistance Programs...............   839
            Section 313--Assistance to the Eastern Caribbean.....   839
            Section 314--Assistance for Equatorial Guinea........   839
            Section 315--Caribbean Development Bank..............   839
            Section 316--World Hunger............................   839
            Section 317--Reduction of Postharvest Losses of Food.   840
        Title IV--Other Assistance Programs......................   841
            Section 402--International Narcotics Control.........   841
            Section 408--East Timor..............................   841
        Title V--African Development Foundation..................   841
            Section 501--Short Title.............................   841
            Section 502--Findings................................   841
            Section 503--Establishment...........................   842
            Section 504--Purposes................................   842
            Section 505--Functions...............................   843
            Section 506--Powers..................................   843
            Section 507--Management..............................   844
            Section 508--Government Corporation Control Act......   846
            Section 509--Limitation on Spending Authority........   846
            Section 510--Authorization of Appropriations.........   846
        Title VII--Miscellaneous Provisions......................   847
            Section 710--Interagency Group on Human Rights and 
              Foreign Assistance.................................   847
            Section 711--Peace in the Middle East................   847
            Section 712--Assistance for Jordan...................   847
            Section 715--Cuban Refugees..........................   848
            Section 716--Incarceration and Deportation of Certain 
              Cubans.............................................   849
            Section 717--Prohibition on Assistance to the 
              Governments of Cuba, Vietnam, and Cambodia.........   849
            Section 718--Cooperation of Other Governments in the 
              Boycott of the 1980 Summer Olympic Games in Moscow.   849
            Section 719--Elections in Uganda.....................   849
    x. International Security Assistance Act of 1979 (Public Law 
      96-92) (partial text)......................................   850
            Section 1--Short Title...............................   850
            Section 17--Authorization and Aggregate Ceiling for 
              Foreign Military Sales Credits.....................   850
            Section 23--Transfer of War Reserve Material and 
              Other Property to Taiwan...........................   851
            Section 24--Ammunition Sold to Thailand..............   851
            Section 26--Shaba Airlift............................   851
            Section 27--Fiscal Year 1979 Supplemental 
              Authorization for Turkey...........................   852
    y. International Development Cooperation Act of 1979 (Public 
      Law 96-53) (partial text)..................................   853
            Section 1--Short Title...............................   853
        Title I--Development Assistance..........................   853
            Section 114--International Organizations and Programs   853
            Section 125--Assistance to Latin American and 
              Caribbean Countries................................   854
            Section 126--Increased Contributions for Development 
              Assistance.........................................   854
        Title IV--Institute for Scientific and Technological 
          Cooperation............................................   854
            Section 401--Statement of Policy.....................   854
            Section 402--Purposes and Establishment of the 
              Institute..........................................   855
            Section 403--Functions of the Institute..............   855
            Section 404--General Authorities.....................   856
            Section 405--Director of the Institute...............   857
            Section 406--Deputy Director and Other Statutory 
              Officers...........................................   857
            Section 407--Council on International Scientific and 
              Technological Cooperation..........................   858
            Section 408--Institute Fellowships...................   859
            Section 409--Conflict of Interest....................   860
            Section 410--Authorization of Appropriations.........   860
            Section 412--Conforming Amendments...................   860
            Section 414--Expiration of Authorities...............   861
        Title V--Miscellaneous Provisions........................   861
            Section 501--Earmarking for Lebanon of Unobligated 
              Balances in the Middle East Special Requirements 
              Fund...............................................   861
            Section 502--Military Assistance to Sudan............   861
            Section 507--Nonproliferation of Nuclear Weapons.....   862
            Section 509--Refugee Crisis in Southeast Asia........   862
            Section 510--Certain Travel Expenses.................   863
            Section 512--Effective Dates.........................   863
    z. International Development and Food Assistance Act of 1978 
      (Public Law 95-424) (partial text).........................   864
            Section 1--Short Title...............................   864
        Title I--Development Assistance..........................   864
            Section 117--International Organizations and Programs   864
            Section 120--Locust Plagues Control in Africa........   865
            Section 122--African Development Foundation..........   865
        Title III--Coordination and Administration of the 
          Development-Related Programs and Policies of the United 
          States.................................................   865
            Section 301--Declaration of Objectives...............   865
            Section 302--Implementation of Objectives............   866
        Title IV--Unified Personnel System.......................   866
            Section 401--Establishment of a Unified Personnel 
              System.............................................   866
        Title VI--Miscellaneous Provisions.......................   867
            Section 601--Reduction of Authorization..............   867
            Section 602--Prohibition of Assistance to Vietnam, 
              Cambodia, and Cuba.................................   867
            Section 603--Reports to Congress on Debt Relief 
              Agreements.........................................   867
            Section 604--Miscellaneous Repeals...................   867
            Section 605--Effective Date..........................   867
    aa. International Security Assistance Act of 1978 (Public Law 
      95-384) (partial text).....................................   868
            Section 1--Short Title...............................   868
            Section 13--United States Policy Regarding the 
              Eastern Mediterranean..............................   868
            Section 23--Special Security Assistance Program for 
              the Modernization of the Armed Forces of the 
              Republic of Korea..................................   869
            Section 26--United States-Republic of China Mutual 
              Defense Treaty.....................................   870
            Section 28--Negotiations Between Israel and Egypt....   871
            Section 30--Savings Provision........................   871
    bb. International Security Assistance Act of 1977 (Public Law 
      95-92) (partial text)......................................   872
            Section 1--Short Title...............................   872
            Section 9--Security Supporting Assistance Program for 
              Egypt..............................................   872
            Section 21--Fiscal Year Authorizations and 
              Limitations........................................   873
            Section 24--Study of Technology Transfers............   873
            Section 26--Policy Statement on United States Arms 
              Sales to Israel....................................   874
            Section 27--Review of Arms Sales Controls on Non-
              Lethal Items.......................................   874
            Section 28--Republic of Korea........................   874
            Section 29--Piaster Conversion.......................   874
    cc. International Development and Food Assistance Act of 1977 
      (Public Law 95-88) (partial text)..........................   875
            Section 1--Short Title...............................   875
        Title I--International Development Assistance............   875
            Section 124--Inspector General, Foreign Assistance...   875
            Section 131--Future United States Development 
              Assistance.........................................   876
            Section 132--Limitation on Use of Funds; Missing in 
              Action in Vietnam..................................   876
            Section 133--Plan for Increased Minority Business 
              Participation in Foreign Assistance Activities.....   876
            Section 215--Effective Date..........................   878
    dd. International Security Assistance and Arms Export Control 
      Act of 1976 (Public Law 94-329) (partial text).............   879
            Section 106--International Military Education and 
              Training...........................................   879
            Section 201--Arms Sales Policy.......................   880
            Section 212--Control of Licenses with Respect to Arms 
              Exports and Imports................................   880
            Section 407--Control of Military Forces in the Indian 
              Ocean..............................................   881
            Section 408--United States Citizens Imprisoned in 
              Mexico.............................................   881
            Section 409--Emergency Food Needs of Portugal........   881
            Section 410--Strife in Lebanon.......................   882
            Section 412--Korea...................................   882
            Section 413--Repeal of Indochina Assistance..........   882
            Section 506--Interim Quarter Authorizations..........   883
        Title VI--Miscellaneous Provision........................   883
            Section 601--Expedited Procedure in the Senate.......   883
            Section 602--Procurements from Small Businesses......   885
            Section 605--Use of Personnel........................   885
            Section 607--Extortion and Illegal Payments..........   885
            Section 608--Extension of Airport at Pinecreek, 
              Minnesota..........................................   886
    ee. International Development and Food Assistance Act of 1975 
      (Public Law 94-161) (partial text).........................   887
            Section 320--Limitation on Assistance to Chile.......   887
            Section 321--Settlement of Debt Owed the United 
              States.............................................   888
            Section 322--Participation by Other Countries in 
              Providing Assistance to Israel or Egypt............   888
    ff. Foreign Assistance Act of 1974 (Public Law 93-559) 
      (partial text).............................................   889
            Section 28--Famine or Disaster Relief................   890
            Section 47--Gorgas Memorial Institute................   890
            Section 48--International Commission of Control and 
              Supervision in Vietnam.............................   890
            Section 50--Policy on the Independence of Angola, 
              Mozambique, and Guinea-Bissau......................   891
            Section 51--Conventional Arms Trade..................   892
            Section 52--Involvement of Puerto Rico in the 
              Caribbean Development Bank.........................   892
            Section 55--Policy With Respect to Countries Most 
              Seriously Affected by Food Shortages...............   893
            Section 56--Repayment of Loans in Default............   894
    gg. Foreign Assistance Act of 1973 (Public Law 93-189) 
      (partial text).............................................   895
            Section 28--Asian Development Bank...................   895
            Section 30--Termination of Indochina War.............   895
            Section 31--Limitation on Use of Funds...............   895
            Section 32--Political Prisoners......................   896
            Section 33--Albert Schweitzer Hospital...............   896
            Section 34--Prisoners of War and Individuals Missing 
              in Action..........................................   896
            Section 35--Rights in Chile..........................   897
            Section 36--Revision of Social Progress Trust Fund 
              Agreement..........................................   897
            Section 39--World Food Shortages.....................   899
            Section 40--Use of Local Currencies..................   899
    hh. Foreign Assistance Act of 1971 (Public Law 92-226) 
      (partial text).............................................   901
            Section 2--Food for Peace Program....................   901
            Section 403--Position of Under Secretary of State for 
              Coordinating Security Assistance...................   902
            Section 407--Periodic Authorizations for State and 
              USIA...............................................   902
            Section 410--Limitation on United Nations Assessment 
              of United States...................................   902
    ii. Special Foreign Assistance Act of 1971, as Amended 
      (Public Law 91-652) (partial text).........................   903
            Section 2--Authorization of Appropriations...........   903
            Section 3--Transfer of Defense Articles to Korea.....   903
            Section 4--Transfer Limitations......................   904
            Section 6--Foreign Currencies Held in Pakistan.......   904
            Section 7--Limitation on Assistance to Cambodia......   904
    jj. Foreign Military Sales Act Amendments, 1971 (Public Law 
      91-672) (partial text).....................................   905
    kk. Foreign Assistance Act of 1969, as Amended (Public Law 
      91-175) (partial text).....................................   908
    ll. Foreign Assistance Act of 1968 (Public Law 90-554) 
      (partial text).............................................   915
        Part V--Reappraisal of Foreign Assistance Programs.......   915
    mm. Foreign Assistance Act of 1967 (Public Law 90-137).......   917
    nn. Foreign Assistance Act of 1966 (Public Law 89-583).......   918
    oo. Foreign Assistance Act of 1965 (Public Law 89-171).......   919
    pp. Foreign Assistance Act of 1964 (Public Law 88-633) 
      (partial text).............................................   920
        Part V--Religious Persecution............................   920
    qq. Foreign Assistance Act of 1963 (Public Law 88-205).......   921
    rr. Foreign Assistance Act of 1962 (Public Law 87-565).......   922
 2. Foreign Assistance Appropriations............................   923
    a. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2006 (Public Law 109-102)..............   923
    b. Continuing Appropriations, Fiscal Year 2006 (Public Law 
      109-77) (partial text).....................................  1012
    c. Emergency Supplemental Appropriations Act To Address 
      Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
      2006 (Public Law 109-148 (partial text)....................  1017
    d. Emergency Supplemental Appropriations Act for Defense, the 
      Global War on Terror, and Tsunami Relief, 2005 (Public Law 
      109-13) (partial text).....................................  1022
    e. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2005 (Public Law 108-447)..............  1034
    f. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2004 (Public Law 108-199)..............  1040
    g. Emergency Supplemental Appropriations Act for Defense and 
      for the Reconstruction of Iraq and Afghanistan, 2004 
      (Public Law 108-106) (partial text)........................  1042
    h. Emergency Wartime Supplemental Appropriations Act, 2003 
      (Public Law 108-11)........................................  1054
    i. Kenneth M. Ludden Foreign Operations, Export Financing, 
      and Related Programs Appropriations Act, 2002 (Public Law 
      107-115) (partial text)....................................  1060
    j. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2001 (Public Law 106-429) (partial 
      text)......................................................  1062
    k. Emergency Supplemental Act, 2000 (Public Law 106-246) 
      (partial text).............................................  1070
    l. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 2000 (Public Law 106-113) (partial 
      text)......................................................  1079
    m. Miscellaneous Appropriations, 2000 (Public Law 106-113) 
      (partial text).............................................  1088
    n. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1999 (Public Law 105-277) (partial 
      text)......................................................  1093
    o. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1997 (Public Law 104-208) (partial 
      text)......................................................  1101
    p. Mexican Debt Disclosure Act of 1995 (Public Law 104-6) 
      (partial text).............................................  1108
    q. Foreign Operations, Export Financing, and Related Programs 
      Supplemental Appropriations Act, 1994 (Public Law 103-306) 
      (partial text).............................................  1112
    r. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1993 (Public Law 102-391) (partial 
      text)......................................................  1114
    s. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1991 (Public Law 101-513) (partial 
      text)......................................................  1118
    t. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1990 (Public Law 101-167) (partial 
      text)......................................................  1129
    u. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1989 (Public Law 100-460) (partial 
      text)......................................................  1144
    v. Foreign Operations, Export Financing, and Related Programs 
      Appropriations Act, 1988 (Public Law 100-202) (partial 
      text)......................................................  1146
    w. Foreign Assistance and Related Programs Appropriations 
      Act, 1984 (Deobligation of funds for Syria) (Public Law 98-
      151) (partial text)........................................  1151
    x. Title 31, United States Code--Valid Obligations...........  1153



          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 87-329 [Foreign Assistance and Related 
    Agencies Appropriation Act, 1962; H.R. 9033], 75 Stat. 717, 
    approved September 30, 1961; 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 [Foreign Assistance Act of 1965; 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 [Foreign 
    Assistance Act of 1966; H.R. 15750], 80 Stat. 795, approved 
    September 19, 1966; Public Law 90-137 [Foreign Assistance Act of 
    1967; S. 1872], 81 Stat. 445, approved November 14, 1967; Public 
    Law 90-554 [Foreign Assistance Act of 1968; 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 [Foreign Assistance Act of 1969; 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 [Foreign Assistance Act 
    of 1971; 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 
    [Foreign Assistance Act of 1973; 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 [Foreign Assistance Act of 1974; 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; H.R. 6081], 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; Public 
    Law 108-31 [H.R. 192], 117 Stat. 775, approved June 17, 2003; 
    Public Law 108-158 [Overseas Private Investment Corporation 
    Amendments Act of 2003; S. 1824], 117 Stat. 1949, approved December 
    3, 2003; Public Law 108-193 [Trafficking Victims Protection 
    Reauthorization Act of 2003; H.R. 2620], 117 Stat. 2875, approved 
    December 19, 2003; Public Law 108-287 [Department of Defense 
    Appropriations Act, 2005; H.R. 4613], 118 Stat. 951, approved 
    August 5, 2004; Public Law 108-323 [H.R. 4654], 118 Stat. 1218, 
    approved October 6, 2004; Public Law 108-332 [Global Anti-Semitism 
    Review Act of 2004; S. 2292], 118 Stat. 1282, approved October 16, 
    2004; Public Law 108-447 [Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 2005; H.R. 4818], 118 Stat. 
    2809, approved December 8, 2004; Public Law 108-458 [Intelligence 
    Reform and Terrorism Prevention Act of 2004; S. 2845], 118 Stat. 
    3638, approved December 17, 2004; Public Law 108-484 
    [Microenterprise Results and Accountability Act of 2004; H.R. 
    3818], 118 Stat. 3922, approved December 23, 2004; Public Law 109-
    13 [Emergency Supplemental Appropriations Act for Defense, the 
    Global War on Terror, and Tsunami Relief, 2005; H.R. 1268], 119 
    Stat. 231, approved May 11, 2005; Public Law 109-95 [Assistance for 
    Orphans and Other Vulnerable Children in Developing Countries Act 
    of 2005; H.R. 1409], 119 Stat. 2111, approved November 8, 2005; 
    Public Law 109-102 [Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 2006; H.R. 3057], 119 Stat. 
    2172, approved November 14, 2005; Public Law 109-121 [Senator Paul 
    Simon Water for the Poor Act of 2005; H.R. 1973], 119 Stat. 2533, 
    approved December 1, 2005
---------------------------------------------------------------------------
    * Note.--The Foreign Assistance Act will be referred to as the FA 
Act and ``this Act.''
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AN ACT To promote the foreign policy, security, and general welfare of 
 the United States by assisting peoples of the world in their efforts 
toward economic development and internal and external security, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as ``The Foreign Assistance Act of 1961.'' \1\
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    \1\ Sec. 111 of the Foreign Assistance and Related Agencies 
Appropriation Act, 1962 (Public Law 87-329; 75 Stat. 719) added the 
short title.
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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 of the International Development and 
Food Assistance Act of 1978 (92 Stat. 937) added sec. 101. 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.''.
---------------------------------------------------------------------------
    Sec. 102.\7\ Development Assistance Policy.--(a) The 
Congress finds that the efforts of developing countries to 
build and maintain the social and economic institutions 
necessary to achieve self-sustaining growth and to provide 
opportunities to improve the quality of life for their people 
depend primarily upon successfully marshalling their own 
economic and human resources. The Congress recognizes that the 
magnitude of these efforts exceeds the resources of developing 
countries and therefore accepts that there will be a long-term 
need for wealthy countries to contribute additional resources 
for development purposes. The United States should take the 
lead in concert with other nations to mobilize such resources 
from public and private sources.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2151-1. Sec. 101 of the International Development and 
Food Assistance Act of 1978 (92 Stat. 927) struck out sec. 102, which 
concerned a statement of policy, and added a new sec. 102.
---------------------------------------------------------------------------
    Provision of development resources must be adapted to the 
needs and capabilities of specific developing countries. United 
States assistance to countries with low per capita incomes 
which have limited access to private external resources should 
primarily be provided on concessional terms. Assistance to 
other developing countries should generally consist of programs 
which facilitate their access to private capital markets, 
investment, and technical skills, whether directly through 
guarantee or reimbursable programs by the United States 
Government or indirectly through callable capital provided to 
the international financial institutions.
    Bilateral assistance and United States participation in 
multilateral institutions shall emphasize programs in support 
of countries which pursue development strategies designed to 
meet basic human needs and achieve self-sustaining growth with 
equity.
    The Congress declares that the principal purpose of United 
States bilateral development assistance is to help the poor 
majority of people in developing countries to participate in a 
process of equitable growth through productive work and to 
influence decisions that shape their lives, with the goal of 
increasing their incomes and their access to public services 
which will enable them to satisfy their basic needs and lead 
lives of decency, dignity, and hope. Activities shall be 
emphasized that effectively involve the poor in development by 
expanding their access to the economy through services and 
institutions at the local level, increasing their participation 
in the making of decisions that affect their lives, increasing 
labor-intensive production and the use of appropriate 
technology, expanding productive investment and services out 
from major cities to small towns and rural areas, and otherwise 
providing opportunities for the poor to improve their lives 
through their own efforts. Participation of the United States 
in multilateral institutions shall also place appropriate 
emphasis on these principles.
    (b) Assistance under this chapter should be used not only 
for the purpose of transferring financial resources to 
developing countries, but also to help countries solve 
development problems in accordance with a strategy that aims to 
insure wide participation of the poor in the benefits of 
development on a sustained basis. Moreover, assistance shall be 
provided in a prompt and effective manner, using appropriate 
United States institutions for carrying out this strategy. In 
order to achieve these objectives and the broad objectives set 
forth in section 101 and in subsection (a) of this section, 
bilateral development assistance authorized by this Act shall 
be carried out in accordance with the following principles:
          (1) Development is primarily the responsibility of 
        the people of the developing countries themselves. 
        Assistance from the United States shall be used in 
        support of, rather than substitution for, the self-help 
        efforts that are essential to successful development 
        programs and shall be concentrated in those countries 
        that take positive steps to help themselves. Maximum 
        effort shall be made, in the administration of this 
        part, to stimulate the involvement of the people in the 
        development process through the encouragement of 
        democratic participation in private and local 
        governmental activities and institution building 
        appropriate to the requirements of the recipient 
        countries.
          (2) Development planning must be the responsibility 
        of each sovereign country. United States assistance 
        should be administered in a collaborative style to 
        support the development goals chosen by each country 
        receiving assistance.
          (3) United States bilateral development assistance 
        should give high priority to undertakings submitted by 
        host governments which directly improve the lives of 
        the poorest of their people and their capacity to 
        participate in the development of their countries, 
        while also helping such governments enhance their 
        planning, technical, and administrative capabilities 
        needed to insure the success of such undertakings.
          (4) Development assistance provided under this 
        chapter shall be concentrated in countries which will 
        make the most effective use of such assistance to help 
        satisfy basic human needs of poor people through 
        equitable growth, especially in those countries having 
        the greatest need for outside assistance. In order to 
        make possible consistent and informed judgments in this 
        respect, the President shall assess the commitment and 
        progress of countries in moving toward the objectives 
        and purposes of this chapter by utilizing criteria, 
        including but not limited to the following:
                  (A) increase in agricultural productivity per 
                unit of land through small-farm, labor-
                intensive agriculture;
                  (B) reduction of infant mortality;
                  (C) control of population growth;
                  (D) promotion of greater equality of income 
                distribution, including measures such as more 
                progressive taxation and more equitable returns 
                to small farmers;
                  (E) reduction of rates of unemployment and 
                underemployment; \8\
---------------------------------------------------------------------------
    \8\ Sec. 203(b)(1) of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092) 
struck out ``and'' at the end of subpara. (E), replaced a period at the 
end of subpara. (F) with ``; and'', and added a new subpara. (G).
---------------------------------------------------------------------------
                  (F) increase in literacy; and
                  (G) \8\ progress in combating corruption and 
                improving transparency and accountability in 
                the public and private sector.
          (5) United States development assistance should focus 
        on critical problems in those functional sectors which 
        affect the lives of the majority of the people in the 
        developing countries; food production and nutrition; 
        rural development and generation of gainful employment; 
        population planning and health; environment and natural 
        resources; education, development administration, and 
        human resources development; and energy development and 
        production.\9\
---------------------------------------------------------------------------
    \9\ Sec. 104(a) of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 360) added the reference to energy 
development and production.
---------------------------------------------------------------------------
          (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\ Sec. 301 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added paras. 
(13), (14), (15), and (16).
---------------------------------------------------------------------------
          (14) \10\ Development assistance should, as a 
        fundamental objective, promote private sector activity 
        in open and competitive markets in developing 
        countries, recognizing such activity to be a productive 
        and efficient means of achieving equitable and long-
        term economic growth.
          (15) \10\ United States cooperation in development 
        should recognize as essential the need of developing 
        countries to have access to appropriate technology in 
        order to improve food and water, health and housing, 
        education and employment, and agriculture and industry.
          (16) \10\ United States assistance should focus on 
        establishing and upgrading the institutional capacities 
        of developing countries in order to promote long-term 
        development. An important component of institution 
        building involves training to expand the human resource 
        potential of people in developing countries.
          (17) \11\ Economic reform and development of 
        effective institutions of democratic governance are 
        mutually reinforcing. The successful transition of a 
        developing country is dependent upon the quality of its 
        economic and governance institutions. Rule of law, 
        mechanisms of accountability and transparency, security 
        of person, property, and investments, are but a few of 
        the critical governance and economic reforms that 
        underpin the sustainability of broad-based economic 
        growth. Programs in support of such reforms strengthen 
        the capacity of people to hold their governments 
        accountable and to create economic opportunity.
---------------------------------------------------------------------------
    \11\ Sec. 203(b)(2) of the International Anti-Corruption and Good 
Governance Act of 2000 (title II of Public Law 106-309; 114 Stat. 1092) 
added para. (17).
---------------------------------------------------------------------------
    (c) The Congress, recognizing the desirability of 
overcoming the worst aspects of absolute poverty by the end of 
this century by, among other measures, substantially lowering 
infant mortality and birth rates, and increasing life 
expectancy, food production, literacy, and employment, 
encourages the President to explore with other countries, 
through all appropriate channels, the feasibility of a 
worldwide cooperative effort to overcome the worst aspects of 
absolute poverty and to assure self-reliant growth in the 
developing countries by the year 2000.


          Note.--Foreign assistance appropriations for fiscal 
        year 2006 are included in the Foreign Operations, 
        Export Financing, and Related Programs Appropriations 
        Act, 2005 (Public Law 109-102; 119 Stat. 2172). The 
        Emergency Supplemental Appropriations Act To Address 
        Hurricanes in the Gulf of Mexico and Pandemic 
        Influenza, 2006 (division B of Public Law 109-148; 119 
        Stat. 2680 at 2745), also provided supplemental 
        appropriations for several foreign aid-related 
        programs, and required a government-wide rescission of 
        one percent of any funds appropriated for fiscal year 
        2006, unless such funds were designated as an emergency 
        requirement under sec. 402 of H. Con. Res. 95 (109th 
        Congress) (see next note). The Emergency Supplemental 
        Appropriations Act for Defense, the Global War on 
        Terror, and Tsunami Relief, 2005 (division A of Public 
        Law 109-13; 119 Stat. 231), also provided funding for 
        fiscal year 2005, in many instances to remain available 
        through fiscal year 2006, for several foreign aid 
        accounts. Amounts appropriated by those Acts to carry 
        out the purposes of provisions contained in the Foreign 
        Assistance Act of 1961, during fiscal year 2006 unless 
        otherwise specified, are included in footnotes.



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                           Note.--Title III, ch. 8 of the Emergency Supplemental Appropriations Act To Address Hurricanes in the



                                                              ``GOVERNMENT-WIDE RESCISSIONS

                           ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby rescinded an amount equal to 1
                          percent of--
                             ``(1) the budget authority provided (or obligation limit imposed) for fiscal year 2006 for any
                            discretionary account of this Act and in any other fiscal year 2006 appropriation Act;
                             ``(2) the budget authority provided in any advance appropriation for fiscal year 2006 for any
                            discretionary account in any prior fiscal year appropriation Act; and
                             ``(3) the contract authority provided in fiscal year 2006 for any program subject to limitation
                            contained in any fiscal year 2006 appropriation Act.
                           ``(b) Proportionate Application.--Any rescission made by subsection (a) shall be applied
                          proportionately--
                             ``(1) to each discretionary account and each item of budget authority described in such subsection;
                            and
                             ``(2) within each such account and item, to each program, project, and activity (with programs,
                            projects, and activities as delineated in the appropriation Act or accompanying reports for the
                            relevant fiscal year covering such account or item, or for accounts and items not included in
                            appropriation Acts, as delineated in the most recently submitted President's budget).
                           ``(c) Exceptions.--This section shall not apply--
                             ``(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con.
                            Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006; or
                             ``(2) to discretionary authority appropriated or otherwise made available to the Department of
                            Veterans Affairs.
                           ``(d) OMB Report.--Within 30 days after the date of the enactment of this section 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 report specifying the account and amount of each rescission made
                          pursuant to this section.''.

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

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                           Note.--Prior to fiscal year 1992, Congress appropriated funds for each of the Development Assistance

                           For fiscal year 2006, 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 $1,524,000,000, to remain available until September 30, 2007. Congress also
                          appropriated $1,585,000,000 in fiscal year 2006, to remain available until September 30, 2007, for
                          child survival, reproductive health/family planning, assistance to combat tropical and other
                          infectious diseases, and related activities.
                           The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami
                          Relief, 2005 (division A of Public Law 109-13; 119 Stat. 231), provided funding for fiscal year 2005,
                          in many instances to remain available through fiscal year 2006, for several foreign aid accounts.

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

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

                           Note.--Transfers. The Foreign Operations, Export Financing, and Related Programs Appropriations Act,


                                                                       ``transfers

                           ``Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--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.
                           ``(2) Notwithstanding paragraph (1), 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.
                           ``(b) Transfers Between Accounts.--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 5 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.
                           ``(c) Audit of Inter-Agency Transfers.--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


                                                                 ``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, chapters
                          4, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, 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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--------------------------------------------------------------------------------------------------------------------------------------------------------

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

                           Note.--Notification Requirements. The Foreign Operations, Export Financing, and Related Programs


                                                               ``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', `Global HIV/AIDS Initiative', `Democracy 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', `Millennium Challenge Corporation' (by  country  only),  `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 Committees on
                          Appropriations 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
                          for which funds are appropriated under title II of this Act 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, 2006


                                                                  ``special authorities

                           ``Sec. 534. (a) Afghanistan, Iraq, Pakistan, 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 or any similar provision of
                          law and section 660 of the Foreign Assistance Act of 1961, and funds appropriated in titles I and II
                          of this Act that are made available for Iraq, Lebanon, Montenegro, Pakistan, 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 25 personal services contractors in the United States,
                          notwithstanding any other provision of law, for the purpose of providing direct, interim support for
                          new or expanded overseas programs and activities managed by the agency until permanent direct hire
                          personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned
                          to any bureau or office: Provided further, That such funds appropriated to carry out 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) 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.
                           ``(f) * * * [amends other legislation]
                           ``(g) 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.
                           ``(h) 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 $10,000,000 shall be made available as a general contribution to the World
                          Food Program, notwithstanding any other provision of law.
                           ``(i) University Programs.--Notwithstanding any other provision of law, of the funds appropriated
                          under the heading `Development Assistance' in this Act, up to $5,000,000 shall be made available to
                          American educational institutions for programs and activities in the People's Republic of China
                          relating to the environment, democracy, and the rule of law: Provided, That funds made available
                          pursuant to this authority shall be subject to the regular notification procedures of the Committees
                          on Appropriations.
                           ``(j) Extension of Authority.--
                           ``(1) With respect to funds appropriated by this Act that are available for assistance for Pakistan,
                          the President may waive the prohibition on assistance contained in section 508 of this Act subject to
                          the requirements contained in section 1(b) of Public Law 107-57, as amended, for a determination and
                          certification, and consultation, by the President prior to the exercise of such waiver authority.
                           ``(2) Section 512 of this Act and section 620(q) of the Foreign Assistance Act of 1961 shall not
                          apply with respect to assistance for Pakistan from funds appropriated by this Act.
                           ``(3) Notwithstanding the date contained in section 6 of Public Law 107-57, as amended, the
                          provisions of sections 2 and 4 of that Act shall remain in effect through the current fiscal year.
                           ``(k) Middle East Foundation.--Of the funds appropriated by this Act under the heading ``Economic
                          Support Fund'' that are available for the Middle East Partnership Initiative, up to $35,000,000 may be
                          made available, including as an endowment, notwithstanding any other provision of law and following
                          consultations with the Committees on Appropriations, to establish and operate a Middle East
                          Foundation, or any other similar entity, whose purpose is to support democracy, governance, human
                          rights, and the rule of law in the Middle East region: Provided, That such funds may be made available
                          to the Foundation only to the extent that the Foundation has commitments from sources other than the
                          United States Government to at least match the funds provided under the authority of this subsection:
                          Provided further, That 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 to any such foundation or similar entity referred to under this
                          subsection, and to funds made available to such entity, in order to enable it to provide assistance
                          for purposes of this section: Provided further, That prior to the initial obligation of funds for any
                          such foundation or similar entity pursuant to the authorities of this subsection, other than for
                          administrative support, the Secretary of State shall take steps to ensure, on an ongoing basis, that
                          any such funds made available pursuant to such authorities are not provided to or through any
                          individual or group that the management of the foundation or similar entity knows or has reason to
                          believe, advocates, plans, sponsors, or otherwise engages in terrorist activities: Provided further,
                          That section 530 of this Act shall apply to any such foundation or similar entity established pursuant
                          to this subsection: Provided further, That the authority of the Foundation, or any similar entity, to
                          provide assistance shall cease to be effective on September 30, 2010.
                           ``(l) * * * [amends other legislation]
                           ``(m) * * * [amends other legislation]

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                           Note.--Title IV of the Emergency Supplemental Appropriations Act for Defense, the Global War on


                                                         ``TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                                                          ``FUNDS APPROPRIATED TO THE PRESIDENT
                                                               ``OTHER BILATERAL ASSISTANCE
                                                        ``Tsunami Recovery and Reconstruction Fund
                                                             ``(including transfers of funds)
                           ``For necessary expenses to carry out the Foreign Assistance Act of 1961, for emergency relief,
                          rehabilitation, and reconstruction aid to countries affected by the tsunami and earthquakes of
                          December 2004 and March 2005, and the Avian influenza virus, $656,000,000, to remain available until
                          September 30, 2006: Provided, That these funds may be transferred by the Secretary of State to Federal
                          agencies or accounts for any activity authorized under part I (including chapter 4 of part II) of the
                          Foreign Assistance Act, or under the Agricultural Trade Development and Assistance Act of 1954, to
                          accomplish the purposes provided herein: Provided further, That upon a determination that all or part
                          of the funds so transferred from this appropriation are not necessary for the purposes provided
                          herein, such amounts may be transferred back to this appropriation: Provided further, That funds
                          appropriated under this heading may be used to reimburse fully accounts administered by the United
                          States Agency for International Development for obligations incurred for the purposes provided under
                          this heading prior to enactment of this Act, including Public Law 480 Title II grants: Provided
                          further, That of the amounts
                         provided herein: up to $10,000,000 may be transferred to and consolidated with `Development Credit
                          Authority' for the cost of direct loans and loan guarantees as authorized by sections 256 and 635 of
                          the Foreign Assistance Act of 1961 in furtherance of the purposes of this heading; up to $17,500,000
                          may be transferred to and consolidated with `Operating Expenses of the United States Agency for
                          International Development', of which up to $2,000,000 may be used for administrative expenses to carry
                          out credit programs administered by the United States Agency for International Development in
                          furtherance of the purposes of this heading; up to $1,000,000 may be transferred to and consolidated
                          with `Operating Expenses of the United States Agency for International Development Office of Inspector
                          General'; and up to $5,000,000 may be transferred to and consolidated with `Emergencies in the
                          Diplomatic and Consular Service' for the purpose of providing support services for United States
                          citizen victims and related operations: Provided further, That of the funds appropriated under this
                          heading, $5,000,000 should be made available for environmental recovery activities in tsunami affected
                          countries: Provided further, That of the funds appropriated under this heading, $10,000,000 should be
                          made available for programs and activities which create new economic opportunities for women: Provided
                          further, That of the funds appropriated under this heading, $1,500,000 should be made available for
                          programs to address the needs of people with physical and mental disabilities resulting from the
                          tsunami: Provided further, That of the funds appropriated under this heading, not less than
                          $12,500,000 should be made available to support initiatives that focus on the immediate and long-term
                          needs of children for protection and permanency, including the registration of unaccompanied children,
                          the reunification of children with their immediate or extended families, the protection of women and
                          children from violence and exploitation, and activities designed to prevent the capture of children by
                          armed forces and promote the integration of war affected youth: Provided further, That of the funds
                          appropriated under this heading, $20,000,000 should be made available for microenterprise development
                          programs in countries affected by the tsunami, of which $5,000,000 should be made available for
                          microcredit programs, to be administered by the United States Agency for International Development:
                          Provided  further,  That of  the funds appropriated  under  this
                         heading, $1,500,000 should be made available for trafficking in persons monitoring and prevention
                          programs and activities in tsunami affected countries: Provided further, That the President is hereby
                          authorized to defer and reschedule for such period as he may deem appropriate any amounts owed to the
                          United States or any agency of the United States by those countries significantly affected by the
                          tsunami and earthquakes of December 2004 and March 2005, including the Republic of Indonesia, the
                          Republic of Maldives and the Democratic Socialist Republic of Sri Lanka: Provided further, That funds
                          appropriated under this heading may be made available for the modification costs, as defined in
                          section 502 of the Congressional Budget Act of 1974, if any, associated with any deferral and
                          rescheduling authorized under this heading: Provided further, That such amounts shall not be
                          considered `assistance' for the purposes of provisions of law limiting assistance to any such affected
                          country: Provided further, That any agreement to defer and reschedule such debt will include a
                          commitment by the recipient government that resources freed by the debt deferral will benefit directly
                          the people affected by the tsunami: Provided further, That the Secretary of State shall arrange for an
                          outside, independent evaluation of each government's compliance with the commitment: Provided further,
                          That the amount provided under this heading is designated as an emergency requirement pursuant to
                          section 402 of the conference report to accompany S. Con. Res. 95 (108th Congress).''.

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                           Note.--The Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 109 Stat. 707), as

                           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. See sec. 3003(a) of Public Law 104-66 for a complete
                          list of exempted sections of law.
                           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 the Nance/
                          Donovan Act, see sec. 209(e) of Public Law 106-113.

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    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\ Sec. 302 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added 
authorization figures for fiscal years 1986 and 1987. 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 2006--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\ Sec. 1304 of Public Law 99-399 (100 Stat. 898) added para. 
(3).
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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\ Sec. 101 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 359) added para. (3) and subsec. (f).
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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) was originally 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. 303 of Public Law 94-161 (89 Stat. 
849) added sec. 103A.
    \19\ Sec. 103(d) of the International Development and Food 
Assistance Act of 1978 (92 Stat. 945) inserted ``environmental,''.
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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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \21\ Sec. 302(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3145) inserted ``, 
including also information and services which related to and support 
natural family planning methods,''.
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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 paras. (4) through (7) of subsec. (c), 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). The 
paragraphs 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.
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    ``(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 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). 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, 2006 (Public Law 109-102; 119 
Stat. 2174, 2203), 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, 
$1,585,000,000, to remain available until September 30, 2007: 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 children displaced or orphaned by causes other than 
AIDS; (5) programs for the prevention, treatment, control of, and 
research on HIV/AIDS, tuberculosis, polio, malaria, and other 
infectious diseases, and for assistance to communities severely 
affected by HIV/AIDS, including children displaced or orphaned by AIDS; 
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 $350,000, 
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: 
$360,000,000 for child survival and maternal health; $30,000,000 for 
vulnerable children; $350,000,000 for HIV/AIDS; $220,000,000 for other 
infectious diseases; and $375,000,000 for family planning/reproductive 
health, including in areas where population growth threatens 
biodiversity or endangered species: 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, except for the 
United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act 
of 2003 (Public Law 108-25), for a United States contribution to the 
Global Fund to Fight AIDS, Tuberculosis and Malaria (the `Global 
Fund'), and shall be expended at the minimum rate necessary to make 
timely payment for projects and activities: Provided further, That up 
to 5 percent of the aggregate amount of funds made available to the 
Global Fund in fiscal year 2006 may be made available to the United 
States Agency for International Development for technical assistance 
related to the activities of the Global Fund: Provided further, That of 
the funds appropriated under this heading, $70,000,000 should 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 this and 
preceding provisos: 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 nothing in this 
paragraph shall be construed to alter any existing statutory 
prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That none of the funds 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 to the maximum 
extent feasible, taking into consideration cost, timely availability, 
and best health practices, funds appropriated in this Act or prior 
appropriations Acts that are made available for condom procurement 
shall be made available only for the procurement of condoms 
manufactured in the United States: Provided further, That information 
provided about the use of condoms as part of projects or activities 
that are funded from amounts appropriated by this Act shall be 
medically accurate and shall include the public health benefits and 
failure rates of such use.
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* * * * * * *

``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 titles II and III of this 
Act that are made available for bilateral assistance 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 except for 
the provisions under the heading `Child Survival and Health Programs 
Fund' and the United States Leadership Against HIV/AIDS, Tuberculosis, 
and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as 
amended: Provided further, That of the funds appropriated under title 
II of this Act, not less than $440,000,000 shall be made available for 
family planning/reproductive health: Provided further, That the 
Comptroller General of the United States shall conduct an audit on the 
use of funds appropriated for fiscal years 2004 and 2005 under the 
heading `Child Survival and Health Programs Fund', to include specific 
recommendations on improving the effectiveness of such funds.''.
    In the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006, see also: in title II, paragraph relating to 
assistance for the independent states of the Former Soviet Union; and 
in title V, sec. 515, relating to notification requirements; sec. 548, 
relating to prohibition of payment of certain expenses; sec. 549, 
relating to Haiti; sec. 560, relating to contribution to United Nations 
Population Fund; sec. 566, relating to authority to engage in debt 
buybacks or sales; sec. 576, relating to Central America; sec. 593, 
relating to neglected diseases; sec. 596, relating to allocation of 
appropriations according to stipulations in the conference report (H. 
Rept. 109-265, November 2, 2005) accompanying Public Law 109-102 (for 
allocation of Child Survival and Health Programs Fund, see p. 81); and 
sec. 598, relating to malaria. In the Millennium Challenge Act of 2003 
(title VI of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2004), see sec. 605, relating to 
authorization of assistance.
    Title II, ch. 3 of the Emergency Supplemental Appropriations Act To 
Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 
(division B of Public Law 109-148; 119 Stat. 2784), provided the 
following:
---------------------------------------------------------------------------

``CHAPTER 3

``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 activities related to surveillance, planning, preparedness, 
and response to the avian influenza virus, $75,200,000, to remain 
available until expended: Provided, That funds appropriated by this 
paragraph may be obligated and expended notwithstanding section 10 of 
Public Law 91-672: Provided further, That the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.
---------------------------------------------------------------------------

* * * * * * *

``General Provision--This Chapter
---------------------------------------------------------------------------

    ``Sec. 2301. Within 30 days from the date of enactment of this Act 
and every six months thereafter, the Administrator of the United States 
Agency for International Development shall submit to the Committees on 
Appropriations a report which identifies, for all projects funded from 
amounts appropriated by this Act that are administered by that agency, 
the following: the program objectives for each such project, the 
approximate timeline for achieving each of those objectives, the 
amounts obligated and expended for each project, and the current status 
of program performance with reference to identified program objectives 
and the timeline for achieving those objectives.''.
    Title III, ch. 8 of that Act (119 Stat. 2791), however, provided 
the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    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).
    In a memorandum of August 29, 2003 (68 F.R. 52323), the President 
extended ``the requirements of the March 28, 2001 memorandum to all 
assistance for voluntary population planning furnished to foreign 
nongovernmental organizations and appropriated pursuant to the Foreign 
Assistance Act, whether such assistance is furnished by USAID or any 
other bureau, office, or component of the Department of State. As set 
forth in the March 28, 2001, memorandum, this policy applies to certain 
assistance provided to foreign nongovernmental organizations. Such 
organizations do not include multilateral organizations that are 
associations of governments. This policy shall not apply to foreign 
assistance furnished pursuant to the United States Leadership Against 
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-
125).''.
---------------------------------------------------------------------------
    (C) Appropriations pursuant to subparagraph (B) may be 
referred to as the ``Child Survival Fund.''
    (3) \25\ The Congress recognizes that the promotion of 
primary health care is a major objective of the foreign 
assistance program. The Congress further recognizes that 
simple, relatively low-cost means already exist to reduce 
incidence of communicable diseases among children, mothers, and 
infants. The promotion of vaccines for immunization, and salts 
for oral rehydration, therefore, is an essential feature of the 
health assistance program. To this end, the Congress expects 
the agency primarily responsible for administering this part to 
set as a goal the protection of not less than 80 percent of all 
children, in those countries in which such agency has 
established development programs, from immunizable diseases by 
January 1, 1991. Of the aggregate amounts made available for 
fiscal year 1987 to carry out paragraph (2) of this subsection 
(relating to the Child Survival Fund) and to carry out 
subsection (c) (relating to development assistance for health), 
$50,000,000 shall be used to carry out this paragraph.\26\
---------------------------------------------------------------------------
    \25\ Sec. 305 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added para. 
(3). 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\ Sec. 103(a) of Public Law 99-529 (100 Stat. 3010) added the 
last sentence of para. (3).
---------------------------------------------------------------------------
    (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).
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    (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\ Sec. 102(b) of the International Development Cooperation Act 
of 1979 (Public Law 96-53; 93 Stat. 360) added the reference to 
community-based development programs.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \29\ Sec. 518 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2202), made a similar prohibition.
    Sec. 605(e)(4) of the Millennium Challenge Act of 2003 (title VI of 
division D of Public Law 108-199; 118 Stat. 215), establishing the 
limitations on authorization of assistance, provided the following:
    ``(4) Prohibition on use of funds for abortions and involuntary 
sterilizations.--The prohibitions on use of funds contained in 
paragraphs (1) through (3) of section 104(f) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151b(f)(1)-(3)) shall apply to funds made 
available to carry out this section to the same extent and in the same 
manner as such prohibitions apply to funds made available to carry out 
part I of such Act. The prohibition on use of funds contained in any 
provision of law comparable to the eleventh and fourteenth provisos 
under the heading `Child Survival and Health Programs Fund' of division 
E of Public Law 108-7 (117 Stat. 162) shall apply to funds made 
available to carry out this section for fiscal year 2004.''.
    \30\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2175), 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:''.
    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), and his Memorandum of August 29, 2003 (68 F.R. 52323), 
extending the requirements stated in the 2001 memorandum ``to all 
assistance for voluntary population planning furnished to foreign 
nongovernmental organizations and appropriated pursuant to the Foreign 
Assistance Act''.
---------------------------------------------------------------------------
    (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\ Sec. 302(b) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1532) added para. 
(3).
---------------------------------------------------------------------------
    (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\
---------------------------------------------------------------------------
    \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 2006--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 2006--no 
authorization.
    Congress did not enact an authorization for fiscal year 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), waived the requirement 
for authorization, and title II of that Act (119 Stat. 2174) provided 
the following:
---------------------------------------------------------------------------

``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 nothing in this paragraph 
shall be construed to alter any existing statutory prohibitions against 
abortion under section 104 of the Foreign Assistance Act of 1961: 
Provided further, That none of the funds 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 to the maximum extent feasible, taking into consideration 
cost, timely availability, and best health practices, funds 
appropriated in this Act or prior appropriations Acts that are made 
available for condom procurement shall be made available only for the 
procurement of condoms manufactured in the United States: Provided 
further, That information provided about the use of condoms as part of 
projects or activities that are funded from amounts appropriated by 
this Act shall be medically accurate and shall include the public 
health benefits and failure rates of such use.''.
    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), and his Memorandum of August 29, 2003 (68 F.R. 52323), 
extending the requirements stated in the 2001 memorandum ``to all 
assistance for voluntary population planning furnished to foreign 
nongovernmental organizations and appropriated pursuant to the Foreign 
Assistance Act''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \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.
    Title II and sec. 525 of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2185, 2204), provided the following:
---------------------------------------------------------------------------

``Department of State

``global hiv/aids initiative
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the prevention, treatment, and control of, 
and research on, HIV/AIDS, $1,995,000,000, to remain available until 
expended, of which $200,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25) 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.
---------------------------------------------------------------------------

* * * * * * *

``HIV/AIDS
---------------------------------------------------------------------------

    ``Sec. 525. (a) Notwithstanding any other provision of this Act, 20 
percent of the funds that are appropriated by this Act for a 
contribution to support the Global Fund to Fight AIDS, Tuberculosis and 
Malaria (the `Global Fund') shall be withheld from obligation to the 
Global Fund until the Secretary of State certifies to the Committees on 
Appropriations that the Global Fund--
---------------------------------------------------------------------------

  ``(1) has established clear progress indicators upon which to determine 
the release of incremental disbursements;

  ``(2) is releasing such incremental disbursements only if progress is 
being made based on those indicators; and

  ``(3) is providing support and oversight to country-level entities, such 
as country coordinating mechanisms, principal recipients, and local Fund 
agents, to enable them to fulfill their mandates.
---------------------------------------------------------------------------

    ``(b) The Secretary of State may waive subsection (a) if the 
Secretary determines and reports to the Committees on Appropriations 
that such waiver is important to the national interest of the United 
States.''.
    See also in that Act: sec. 515, relating to notification 
requirements; sec. 522, relating to Child Survival and health 
activities; sec. 526, relating to Burma; sec. 553, relating to 
authorization requirements; sec. 554, relating to Cambodia; sec. 562, 
relating to user fees; and sec. 596, relating to allocation of 
appropriations according to stipulations in the conference report (H. 
Rept. 109-265, November 2, 2005) accompanying Public Law 109-102 (for 
allocation of Global HIV/AIDS Initiative appropriations, see p. 95).
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
---------------------------------------------------------------------------
    (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. 2(3) of the FA Act of 1973 added sec. 
105.
    \37\ Sec. 305 of Public Law 94-161 (89 Stat. 849) added subsection 
designation ``(a)'' and new subsecs. (b) and (c).
    \38\ Sec. 306 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added the 
authorization figures for fiscal years 1986 and 1987. 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 2006--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 para. designation ``(1)'' and by striking 
out para. (2). Para. (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\ Sec. 103(b) of the International Development Cooperation Act 
of 1979 (Public Law 96-53; 93 Stat. 360) added this sentence.
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    (c) \41\ * * * [Repealed--1979]
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    \41\ Sec. 122 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 366) repealed 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.
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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) 
struck out ``Technical Assistance, Energy, Research, Reconstruction, 
and Selected Development Activities'', and inserted in lieu thereof the 
current section heading. 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 2005, 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 
paras. (1), (2), (3), and (4) of subsec. (a) as subparas. (A), (B), 
(C), and (D), respectively; redesignated subparas. (A), (B), and (C) of 
former para. (3) as clauses (i), (ii), and (iii), respectively; and 
added a new para. (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 
paras. (1) and (2) of subsec. (b) as subparas. (A) and (B), 
respectively, and added a new para. (2). Subsequently, sec. 1211(a)(2) 
of the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 279) struck out subpara. designation 
``(A)'', and text of subpara. (B). Subpara. (B) previously read as 
follows:
    ``(B) 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 para. (2), 
which concerned various programs designed to alleviate energy problems 
experienced by developing countries, and redesignated paras. (3) 
through (6) as paras. (2) through (5), respectively.
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          (3) \46\ programs of reconstruction following natural 
        or manmade disasters and programs of disaster 
        preparedness, including the prediction of and 
        contingency planning for natural disasters abroad; \47\
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    \47\ Sec. 304(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533) inserted 
``and programs of disaster preparedness, including the prediction of 
and contingency planning for natural disasters abroad''.
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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\ Sec. 309(b) of the International Security and Development Act 
of 1985 (Public Law 99-83; 99 Stat. 190) added the authorization 
figures for fiscal years 1986 and 1987. 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 2006--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:
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``sec. 402. funding of certain environmental assistance activities of 
usaid.
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    ``(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) 
that 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\ Sec. 307(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) added subsec. 
(f).
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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.
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    \51\ Sec. 4 of the Microenterprise Results and Accountability Act 
of 2004 (Public Law 108-484; 118 Stat. 3922) moved sec. 108 from 
chapter 1 of part I to title VI of chapter 2 of part I, and 
redesignated it as sec. 256.
    An earlier sec. 108 was added by the FA Act of 1973 (Public Law 93-
189) and 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.\51\ MICROENTERPRISE DEVELOPMENT CREDITS.  * * * [TRANSFERRED 
                    AND REDESIGNATED AS SEC. 256--2004]]

    Sec. 109.\52\ Transfer of Funds.--Whenever \53\ the 
President determines it to be necessary for the purposes of 
this chapter, not to exceed 15 per centum of the funds made 
available for any provision of this chapter may be transferred 
to, and consolidated with, the funds made available for any 
other provision of this chapter, and may be used for any of the 
purposes for which such funds may be used, except that the 
total in the provision for the benefit of which the transfer is 
made shall not be increased by more than 25 per centum of the 
amount of funds made available for such provision. The 
authority of sections 610(a) and 614(a) of this Act may not be 
used to transfer funds made available under this chapter for 
use for purposes of any other provision of this Act except that 
the authority of such sections may be used to transfer for the 
purposes of section 667 not to exceed five per centum of the 
amount of funds made available for section 667(a)(1).\54\
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    \52\ 22 U.S.C. 2151g. Sec. 109 was added by sec. 2(3) of the FA Act 
of 1973.
    Sec. 509 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2198), 
provided the following:
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``transfers
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    ``Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--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.
    ``(2) Notwithstanding paragraph (1), 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.
    ``(b) Transfers Between Accounts.--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 5 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.
    ``(c) Audit of Inter-Agency Transfers.--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.''.
    See also in that Act, title II, para. relating to operating 
expenses of the USAID.
    \53\ Sec. 102(g)(2)(K)(ii) of the International Development and 
Food Assistance Act of 1978 (92 Stat. 943) struck out ``Notwithstanding 
sec. 108 of this Act, whenever'' and inserted in lieu thereof 
``Whenever''.
    \54\ Sec. 129(b) of the International Development and Food 
Assistance Act of 1977 (91 Stat. 543) added the words to this point 
beginning with ``except that the authority of such sections * * *''.
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    Sec. 110.\55\ Cost-Sharing and Funding Limits.--No 
assistance shall be furnished by the United States Government 
to a country under sections 103 through 106 of this Act until 
the country provides assurances to the President, and the 
President is satisfied, that such country provide at least 25 
per centum of the costs of the entire program, project, or 
activity with respect to which such assistance is to be 
furnished, except that such costs borne by such country may be 
provided on an ``in-kind'' basis.\56\
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    \55\ 22 U.S.C. 2151h. Sec. 2(3) of the FA Act of 1973 added sec. 
110. Sec. 1211(a)(3) of the International Security and Development 
Cooperation Act of 1985 struck out subsec. (b) and struck out an 
``(a)'' designation from the remaining text. Subsec. (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 out 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).
    \56\ The following phrase, as added by the International 
Development and Food Assistance Act of 1975 (Public Law 94-161; 89 
Stat. 849) and previously appearing at this point, was struck by sec. 
112(b)(1) of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 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.\57\ Development and Use of Cooperatives.--In 
order to strengthen the participation of the rural and urban 
poor in their country's development, high priority shall be 
given to increasing the use of funds made available under this 
Act for technical and capital assistance in the development and 
use \58\ of cooperatives in the less developed countries which 
will enable and encourage greater numbers of the poor to help 
themselves toward a better life.\59\ In meeting the requirement 
of the preceding sentence, specific priority shall be given to 
the following: \60\
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    \57\ 22 U.S.C. 2151i. Sec. 111, as added by sec. 2(3) of the FA Act 
of 1973 (Public Law 93-189), was amended and restated by sec. 308 of 
Public Law 94-161 (89 Stat. 849). It formerly read as follows: ``In 
order to strengthen the participation of the urban and rural poor in 
their country's development, not less than $20,000,000 of the funds 
made available for the purposes of this chapter shall be available 
during the fiscal years 1974 and 1975 only for assistance in the less 
developed countries which will enable and encourage greater numbers of 
the poor to help themselves toward a better life.''.
    \58\ Sec. 107(a) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 535) struck out 
``assistance in the development'' and inserted in lieu thereof 
``technical and capital assistance in the development and use''.
    \59\ A sentence that earmarked funds specifically for technical 
assistance to carry out the purposes of this section and had previously 
appeared at this point was repealed by sec. 122 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366).
    \60\ Sec. 401(c)(2) of the Support for Overseas Cooperative 
Development Act (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.\61\ Prohibiting Police Training. * * * 
[Repealed--1974]
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    \61\ Sec. 112, as added by sec. 2(3) of the FA Act of 1973, was 
repealed by sec. 30(b) of the FA Act of 1974. (See, however, sec. 660 
of this Act, ``Prohibiting Police Training''.)
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    Sec. 113.\62\ Integrating Women Into National Economies.--
(a) In recognition of the fact that women in developing 
countries play a significant role in economic production, 
family support, and the overall development process of the 
national economies of such countries, this part shall be 
administered so as to give particular attention to those 
programs, projects, and activities which tend to integrate 
women into the national economies of developing countries, thus 
improving their status and assisting the total development 
effort.
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    \62\ 22 U.S.C. 2151k. Sec. 113, as added by sec. 2(3) of the FA Act 
of 1973, was amended and restated by sec. 108 of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
536). Sec. 113 formerly read as follows:
    ``Sec. 113. Integrating Women Into National Economies.--Part I of 
this Act shall be administered so as to give particular attention to 
those programs, projects, and activities which tend to integrate women 
into the national economies of foreign countries, thus improving their 
status and assisting the total development effort.''.
    Subsecs. (b) and (c), as added by Public Law 95-88 and which 
required a report from the President concerning the impact of 
development programs, projects, and activities on the integration of 
women into the developing economies of countries receiving assistance 
under this part, were repealed by sec. 122 of the International 
Development Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 366) 
(such report was submitted to the Congress on August 3, 1978). This 
subsec. (b), originally added as subsec. (d) by Public Law 95-424 (92 
Stat. 947), was redesignated as subsec. (b) by Public Law 96-53.
    Sec. 305 of the International Security and Development Cooperation 
Act of 1981 (Public Law 97-113; 95 Stat. 1533) added the current text 
of subsec. (c).
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    (b) \62\ (1) Up to $10,000,000 of the funds made available 
each fiscal year under this chapter and chapter 10 of this part 
\63\ shall be used, in addition to funds otherwise available 
for such purposes, for assistance on such terms and conditions 
as the President may determine to encourage and promote the 
participation and integration of women as equal partners in the 
development process in the developing countries. These funds 
shall be used primarily to support activities which will 
increase the economic productivity and income earning capacity 
of women.
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    \63\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
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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) \62\ Not less than $500,000 of the funds made available 
under this chapter for fiscal year 1982 shall be expended on 
international programs which support the original goals of the 
United Nations Decade for Women.
    Sec. 114.\64\ Limiting Use of Funds for Abortions or 
Involuntary Sterilization. * * * [Repealed--1978]
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    \64\ Sec. 114, as added by the FA Act of 1973, was repealed by sec. 
104(b) of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 947). See also sec. 104(f) of this Act.
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    Sec. 115.\65\ Prohibiting Use of Funds for Certain 
Countries. * * * [Repealed--1978]
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    \65\ Sec. 115, as added by the FA Act of 1974, was repealed by sec. 
102(f) of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 942).
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    Sec. 116.\66\ Human Rights.--(a) No assistance may be 
provided under this part to the government of any country which 
engages in a consistent pattern of gross violations of 
internationally recognized human rights, including torture or 
cruel, inhuman, or degrading treatment or punishment, prolonged 
detention without charges, causing the disappearance of persons 
by the abduction and clandestine detention of those 
persons,\67\ or other flagrant denial of the right to life, 
liberty, and the security of person, unless such assistance 
will directly benefit the needy people in such country.
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    \66\ 22 U.S.C. 2151n. Sec. 310 of Public Law 94-161 (89 Stat. 849) 
added 116. See also in the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102): sec. 
534, relating to special authorities; and sec. 536, relating to 
eligibility for assistance.
    \67\ Sec. 701(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156) inserted 
``causing the disappearance of of persons by the abduction and 
clandestine detention of those persons,''.
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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 \68\ of the House of Representatives may require the 
Administrator primarily responsible for administering part I of 
this Act to submit in writing information demonstrating that 
such assistance will directly benefit the needy people in such 
country, together with a detailed explanation of the assistance 
to be provided (including the dollar amounts of such 
assistance) and an explanation of how such assistance will 
directly benefit the needy people in such country. If either 
committee or either House of Congress disagrees with the 
Administrator's justification it may initiate action to 
terminate assistance to any country by a concurrent resolution 
under section 617 of this Act.
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    \68\ Sec. 9(a)(6) of Public Law 103-437 (108 Stat. 4588) struck out 
``International Relations'' and inserted in lieu thereof ``Foreign 
Affairs''. Subsequently, sec. 1(a)(5) of Public Law 104-14 (109 Stat. 
186) provided that references to the Committee on Foreign Affairs of 
the House of Representatives shall be treated as referring to the 
Committee on International Relations of the House of Representatives.
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  (b) \69\ No assistance may be provided to any government 
failing to take appropriate and adequate measures, within their 
means, to protect children from exploitation, abuse or forced 
conscription into military or paramilitary services.
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    \69\ Sec. 599D of the of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2066), added this second subsec. (b).
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    (c) \70\ In determining whether or not a government falls 
within the provisions of subsection (a) and in formulating 
development assistance programs under this part, the 
Administrator shall consider, in consultation with the 
Assistant Secretary of State for Democracy, Human Rights, and 
Labor \71\ and in consultation with the Ambassador at Large for 
International Religious Freedom--\72\
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    \70\ Sec. 111 of the International Development and Food Assistance 
Act of 1977 (Public Law 95-88; 91 Stat. 537) amended and restated 
subsecs. (c) and (d), and added a new subsec. (e). Subsecs. (c) and (d) 
formerly read as follows:
    ``(c) In determining whether or not a government falls within the 
provisions of subsection (a), consideration shall be given to the 
extent of cooperation of such government in permitting an unimpeded 
investigation of alleged violations of internationally recognized human 
rights by appropriate international organizations, including the 
International Committee of the Red Cross, or groups or persons acting 
under the authority of the United Nations or of the Organization of 
American States.
    ``(d) The President shall transmit to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the Senate, 
in the annual presentation materials on proposed economic development 
assistance programs, a full and complete report regarding the steps he 
has taken to carry out the provisions of this section.''.
    \71\ Sec. 162(e)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck 
out ``Assistant Secretary for Human Rights and Humanitarian Affairs'' 
and inserted in lieu thereof ``Assistant Secretary of State for 
Democracy, Human Rights, and Labor''. Previously, sec. 109(a)(2) of the 
Foreign Relations Authorization Act, Fiscal Year 1978 (Public Law 95-
105; 91 Stat. 846) struck out ``Coordinator'' and inserted in lieu 
thereof ``Assistant Secretary''.
    \72\ Sec. 421(a)(1) of the International Religious Freedom Act of 
1998 (Public Law 105-292; 112 Stat. 2809) added ``and in consultation 
with the Ambassador at Large for International Religious Freedom'' 
after ``Labor''.
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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; \73\
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    \73\ Sec. 421(a) of the International Religious Freedom Act of 1998 
(Public Law 105-292; 112 Stat. 2809) struck out ``and'' at the end of 
para. (1); replaced a period at the end of para. (2) with `; and''; and 
added para. (3).
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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 \73\
          (3) \73\ whether the government--
                  (A) has engaged in or tolerated particularly 
                severe violations of religious freedom, as 
                defined in section 3 of the International 
                Religious Freedom Act of 1998; or
                  (B) has failed to undertake serious and 
                sustained efforts to combat particularly severe 
                violations of religious freedom (as defined in 
                section 3 of the International Religious 
                Freedom Act of 1998), when such efforts could 
                have been reasonably undertaken.
    (d) \70\ The Secretary of State shall transmit to the 
Speaker of the House of Representatives and the Committee on 
Foreign Relations of the Senate, by February 25 \74\ of each 
year, a full and complete report regarding--
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    \74\ Sec. 2216(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2681), struck out ``January 31'' and inserted in 
lieu thereof ``February 25''.
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          (1) \75\ the status of internationally recognized 
        human rights, within the meaning of subsection (a)--
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    \75\ Sec. 504 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 378) amended and restated para. (1) to 
add the requirement contained in subpara. (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) \76\ wherever applicable, practices regarding 
        coercion in population control, including coerced 
        abortion and involuntary sterilization;
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    \76\ Sec. 127 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1342) added a new 
para. (2), and redesignated former para. (2) as para. (3). 
Subsequently, sec. 201(a) of Public Law 104-319 (110 Stat. 3864) struck 
out ``and'' at the end of para. (2), redesignated para. (3) as para. 
(5), and added new paras. (3) and (4). See also footnote 77.
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          (3) \77\ the status of child labor practices in each 
        country, including--
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    \77\ Sec. 2216(2) and (3) of the Foreign Relations Authorization 
Act, Fiscal Years 1998 and 1999 (subdivision B of division G of Public 
Law 105-277; 112 Stat. 2681), redesignated paras. (3) through (6) as 
paras. (4) through (7) and added a new para. (3). At the time of 
enactment of Public Law 105-277, however, no para. (6) was contained in 
the section. Public Law 105-292 added para. (6) later, shown here 
redesignated as para. (7).
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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) \76\, \77\ the votes of each member of 
        the United Nations Commission on Human Rights on all 
        country-specific and thematic resolutions voted on at 
        the Commission's annual session during the period 
        covered during the preceding year;
          (5) \76\ the extent to which each country has 
        extended protection to refugees, including the 
        provision of first asylum and resettlement; \78\
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    \78\ Sec. 102(d)(1) of the International Religious Freedom Act of 
1998 (Public Law 105-292; 112 Stat. 2794) struck out ``and'' at the end 
of para. (4); replaced a period at the end of this para. (5) with ``; 
and''; and added a new para. (6). Paras. (4) and (5), however, had 
already been redesignated as paras. (5) and (6) by sec. 2216 of Public 
Law 105-277. Sec. 2216 of Public Law 105-277 also redesignated a then-
nonexistent para. (6) as para. (7). The amendment has been made to the 
subsequently enacted para. (6), shown here as para. (7).
    Sec. 806(a) of the Admiral James W. Nance and Meg Donovan Foreign 
Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, 
enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113 
Stat. 1536), struck out ``and'' at the end of para. (6), struck out a 
period at the end of para. (7) and inserted in lieu thereof ``and'', 
and added a new para. (8).
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          (6) \76\, \78\ the steps the Administrator 
        has taken to alter United States programs under this 
        part in any country because of human rights 
        considerations;
          (7) \77\, \78\ wherever applicable, 
        violations of religious freedom, including particularly 
        severe violations of religious freedom (as defined in 
        section 3 of the International Religious Freedom Act of 
        1998);
          (8) \79\ wherever applicable, a description of the 
        nature and extent of acts of anti-Semitism and anti-
        Semitic incitement that occur during the preceding 
        year, including descriptions of--
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    \79\ Sec. 6(a)(1) of the Global Anti-Semitism Review Act of 2004 
(Public Law 108-332; 118 Stat. 1285) redesignated paras. (8), (9), and 
(10) as paras. (9), (10), and (11), and added a new para. (8).
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                  (A) acts of physical violence against, or 
                harassment of Jewish people, and acts of 
                violence against, or vandalism of Jewish 
                community institutions, including schools, 
                synagogues, and cemeteries;
                  (B) instances of propaganda in government and 
                nongovernment media that attempt to justify or 
                promote racial hatred or incite acts of 
                violence against Jewish people;
                  (C) the actions, if any, taken by the 
                government of the country to respond to such 
                violence and attacks or to eliminate such 
                propaganda or incitement;
                  (D) the actions taken by such government to 
                enact and enforce laws relating to the 
                protection of the right to religious freedom of 
                Jewish people; and
                  (E) the efforts of such government to promote 
                anti-bias and tolerance education;
          (9) \79\ 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);
          (10) \80\ 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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    \80\ 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), subsequently redesignated as para. (10) by 
sec. 6(a) of Public Law 108-332 (118 Stat. 1285). 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). 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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          (11) \81\ (A) wherever applicable, a description of 
        the nature and extent)--
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    \81\ Sec. 6(a) of Public Law 108-332 (118 Stat. 1285) redesignated 
para. (1) as para. (11).
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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) \70\, \82\ 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,\83\ 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,\84\ 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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    \82\ Sec. 109(1) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 947) added ``The 
President is authorized and encouraged to use not less than''.
    Sec. 1002(a)(1) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052) amended 
the authorization level to $3,000,000 and added the reference to funds 
available under chapter 4 of part II. 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.
    Sec. 202 of Public Law 99-440 (100 Stat. 1095) added the 
authorization level of $1,500,000 for the fiscal year 1986 and for each 
fiscal year thereafter.
    Sec. 1002(a)(3) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1052) added 
para. designation ``(1)'' and a new para. (2). Sec. 4(a)(3)(B) of the 
South African Democratic Transition Support Act of 1993 (Public Law 
103-149; 107 Stat. 1505) subsequently repealed para. (2), and struck 
out the designation for para. (1).
    Subsec. (e)(2) 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.''.
    Sec. 4(a)(3)(B) of the South African Democratic Transition Support 
Act of 1993 (Public Law 103-149; 107 Stat. 1505) also repealed subsecs. 
(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.''.
    \83\ 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''.
    \84\ 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:
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``sec. 501. assistance for promoting religious freedom.
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    ``(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) \85\ (1) The report required by subsection (d) shall 
include the following:
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    \85\ 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.\86\ Assistance for Disadvantaged South Africans. 
* * * [Repealed--1993]
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    \86\ Formerly at 22 U.S.C. 2151o. Sec. 4(a)(3)(B) of the South 
African Democratic Transition Support Act of 1993 (Public Law 103-149; 
107 Stat. 1505) repealed sec. 117. 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.\87\ 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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    \87\ 22 U.S.C. 2151p. Sec. 117 was redesignated from sec. 118 by 
sec. 301(1) of Public Law 99-529 (100 Stat. 3014), resulting in the 
creation of two sections 117. Sec. 301(2) of Public Law 99-529 further 
deleted subsec. (d) of that section, which dealt with tropical forests, 
and 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(d) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2202), 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,\88\ 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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    \88\ Sec. 562 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2026), added a new chapter 10 to part I of this Act, providing 
for long-term development in sub-Saharan Africa, and made a conforming 
amendment by inserting ``and chapter 10 of this part'' here.
---------------------------------------------------------------------------
          (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.\89\ Tropical Forests.
---------------------------------------------------------------------------
    \89\ 22 U.S.C. 2151p-1. Sec. 301(3) of Public Law 99-529 (100 Stat. 
3014) added sec. 118. See also footnote 87.
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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) \90\ 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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    \90\ 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.\91\ Renewable and Unconventional Energy 
Technologies. * * * [Repealed--1980]
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    \91\ 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.\92\ 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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    \92\ 22 U.S.C. 2151q. 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) added subsecs. (a) and (b).
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    (b) \92\ In order to preserve biological diversity, the 
President is authorized to furnish assistance under this part, 
notwithstanding section 660,\93\ 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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    \93\ Sec. 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) \94\ 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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    \94\ Sec. 302 of Public Law 99-529 (100 Stat. 3017) added subsecs. 
(c) through (h).
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    (d) \94\ 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) \94\ 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) \94\ 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) \94\ 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) \94\ 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.\95\ Sahel Development Program--Planning.--(a) The 
Congress reaffirms its support of \96\ 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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    \95\ 22 U.S.C. 2151r. Sec. 120, originally added as sec. 639B by 
sec. 20 of the FA Act of 1973 (Public Law 93-189) 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).
    Sec. 115(2) of the International Development and Food Assistance 
Act of 1977 (Public Law 95-88; 91 Stat. 539) struck out ``African 
Development Program'' and inserted in lieu thereof ``Sahel Development 
Program--Planning'' in the section catchline.
    \96\ Sec. 101(7)(C) of Public Law 94-161 (89 Stat. 849) struck out 
``supports'' and inserted in lieu thereof ``reaffirms its support of''.
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    (b) \97\ 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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    \97\ Sec. 101(7)(D) of Public Law 94-161 (89 Stat. 849) added 
subsecs. (b), (c), and (d). Sec. 502(d)(1) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 959) subsequently repealed subsec. (d).
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    (c) \97\ 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) \97\ * * * [Repealed--1978]
    Sec. 121.\98\ Sahel Development Program--Implementation. * 
* * [Repealed--1990]
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    \98\ 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.\99\ 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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    \99\ 22 U.S.C. 2151t. Sec. 102(a) of the International Development 
and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 940) added 
subsec. (a). Sec. 102(b) of that same Act substantially amended 
subsecs. (b), (c), and (d) of sec. 201, consolidating them into one 
subsec. (b), and then moving it to become subsec. (b) of sec. 122.
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    (b) \99\ 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) \100\ 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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    \100\ Sec. 102(c)(1) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) added subsecs. 
(c) and (d).
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    (d) \100\ 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) \101\ 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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    \101\ 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.\102\ 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.\103\ 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.\104\
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    \102\ 22 U.S.C. 2151u. Added by sec. 102(e) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 941).
    In the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2172), see sec. 
522, relating to child survival and health activities.
    \103\ Sec. 307(1) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added the 
words to this point beginning with ``and, if necessary * * *''.
    \104\ Sec. 307(2) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added the 
words to this point beginning with ``and to establish * * *''.
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    (b) \105\ 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 \106\ 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.\107\
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    \105\ Sec. 534(f) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2004 (division D of Public Law 
108-199; 118 Stat. 182), provided the following:
    ``(f) Shipment of Humanitarian Assistance.--During fiscal year 2004 
and each fiscal year thereafter, 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.''.
    \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 inserting ``and chapter 10 of this part'' here.
    \107\ Sec. 121 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 366) struck out ``Advisory Committee 
on Voluntary Foreign Aid'' and inserted in lieu thereof ``Agency for 
International Development''.
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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) \108\ 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 \109\ 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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    \108\ Sec. 307(3) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) added 
subsec. (e).
    See also sec. 536 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2212), relating to eligibility for assistance.
    \109\ Sec. 309(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), struck out 
``thirty days'' and inserted in lieu thereof ``one year''.
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    (f) \110\ For each of the fiscal years 1986 through 1989 
\111\ funds in an amount not less than thirteen and one-half 
\111\ 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.\111\
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    \110\ Sec. 309 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) added 
subsecs. (f) and (g). 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), repealed subsec. 
(g), which 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.''.
    \111\ 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 inserting in lieu 
thereof ``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) \110\ * * * [Repealed--1998]
    (h) \112\ 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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    \112\ Sec. 310 of Public Law 99-83 (99 Stat. 190) added subsec. 
(h).
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    Sec. 124.\113\ 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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    \113\ 22 U.S.C. 2151v. Sec. 112(a)(1) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 948) added sec. 124.
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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) \114\ (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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    \114\ 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.\115\
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    \115\ Sec. 109 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 363) added this sentence. The 
authorization figure for fiscal year 1981 was inserted 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.\116\ 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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    \116\ 22 U.S.C. 2151w. Sec. 113 of the International Development 
and Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 950) added 
sec. 125. 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) \117\ * * * [Repealed--1981]
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    \117\ Sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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. Such report was submitted on March 26, 1979.
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    Sec. 126.\118\ 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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    \118\ 22 U.S.C. 2151x. Sec. 110 of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 363) added sec. 
126.
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    (b)(1) \119\ In planning programs of assistance under this 
chapter, and chapter 10 of this part,\119\ and under chapter 4 
of part II \119\ 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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    \119\ Sec. 603 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190), inserted 
``and under chapter 4 of Part II''; inserted the paragraph designation 
``(1)'', and added a new para. (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) \119\ 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.\120\ 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 \121\ of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate.
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    \120\ 22 U.S.C. 2151y. Sec. 508(a) of the International Development 
Cooperation Act of 1979 (Public Law 96-53; 93 Stat. 379) added sec. 
127. 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.
    \121\ 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.\122\ 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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    \122\ 22 U.S.C. 2151z. Sec. 101(b)(2) of Public Law 97-377 (96 
Stat. 1832) added sec. 128. 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 subsecs. (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.\123\ PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN 
                    GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING 
                    OR TRANSITIONAL COUNTRIES.

    (a) Establishment of Program.--
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    \123\ 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, 2006 (Public Law 109-102; 119 Stat. 2190), 
provided the following:
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``Department of the Treasury

``international affairs technical assistance
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    ``For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961, $20,000,000, to remain available 
until September 30, 2008, which shall be available notwithstanding any 
other provision of law.''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
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``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
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  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
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  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
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    ``(c) Exceptions.--This section shall not apply--
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  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
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    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
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          (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.
          (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) \124\ 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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    \124\ 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.\125\ 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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    \125\ 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. 
Sec. 6(a) of Public Law 106-87 (113 Stat. 1302) redesignated sec. 129 
as sec. 130.
    Funding levels for foreign treatment centers, domestic treatment 
centers (under the Department of Health and Human Services), and a U.S. 
contribution to the United Nations Voluntary Fund for Victims of 
Torture are provided in the Torture Victims Relief Act of 1998 (Public 
Law 105-320; 112 Stat. 3016) and subsequent reauthorizations. For that 
Act and other related legislation, see Legislation on Foreign Relations 
Through 2005, vol. I-B. Funding levels have been authorized as follows:
    For foreign treatment centers: fiscal year 1999--$5,000,000; fiscal 
year 2000--$7,500,000; fiscal year 2001--$10,000,000; fiscal year 
2002--$10,000,000; fiscal year 2003--$10,000,000; fiscal year 2004--
$11,000,000; and fiscal year 2005--$12,000,000.
    For domestic treatment centers (under the Department of Health and 
Human Services): fiscal year 1999--$5,000,000; fiscal year 2000--
$7,500,000; fiscal year 2001--$10,000,000; fiscal year 2002--
$10,000,000; fiscal year 2003--$10,000,000; fiscal year 2004--
$20,000,000; and fiscal year 2005--$25,000,000.
    For a U.S. contribution to the U.N. Voluntary Fund for Victims of 
Torture: fiscal year 1999--$3,000,000; fiscal year 2000--$3,000,000; 
fiscal year 2001--$5,000,000; fiscal year 2002--$5,000,000; fiscal year 
2003--$5,000,000; and fiscal years 2004 and 2005--no new authorization.
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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.\126\ MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE. * * * 
                    [REPEALED--2004]
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    \126\ Formerly at 22 U.S.C. 2152a. Repealed by sec. 8(a) of the 
Microenterprise Results and Accountability Act of 2004 (Public Law 108-
484; 118 Stat. 3922). Originally added by sec. 105 of the 
Microenterprise for Self-Reliance Act of 2000 (title I of Public Law 
106-309; 114 Stat. 1082).
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SEC. 132.\127\ UNITED STATES MICROFINANCE LOAN FACILITY. * * * 
                    [TRANSFERRED AND REDESIGNATED AS SEC. 257--2004]

SEC. 133.\128\ PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.

    (a) Establishment of Programs.--
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    \127\ Formerly at 22 U.S.C. 2152b; redesignated as 22 U.S.C. 2213. 
Transferred to title VI of chapter 2 of part I of this Act as sec. 257 
by sec. 5 of the Microenterprise Results and Accountability Act of 2004 
(Public Law 108-484; 118 Stat. 3922). Originally added by sec. 107(a) 
of the Microenterprise for Self-Reliance Act of 2000 (title I of Public 
Law 106-309; 114 Stat. 1086).
    \128\ 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) \129\ Biennial Reports.--
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    \129\ 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 \130\ on--
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    \130\ 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 \131\ in priority 
                countries identified pursuant to subsection 
                (a)(3); and
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    \131\ 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 \132\ in such countries.
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    \132\ 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.\133\ 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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    \133\ 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). Sec. 107(a) of that Act (22 U.S.C. 7105(a)), as amended, 
provides the following:
---------------------------------------------------------------------------

``sec. 107. protection and assistance for victims of trafficking.
---------------------------------------------------------------------------

    ``(a) Assistance for Victims in Other Countries.--
---------------------------------------------------------------------------

  ``(1) In general.--The Secretary of State and the Administrator of the 
United States Agency for International Development, in consultation with 
appropriate nongovernmental organizations, shall establish and carry out 
programs and initiatives in foreign countries to assist in the safe 
integration, reintegration, or resettlement, as appropriate, of victims of 
trafficking. Such programs and initiatives shall be designed to meet the 
appropriate assistance needs of such persons and their children, as 
identified by the Task Force. In addition, such programs and initiatives 
shall, to the maximum extent practicable, include the following:

  ``(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, and by facilitating contact 
between relevant foreign government agencies and such nongovernmental 
organizations to facilitate cooperation between the foreign governments and 
such organizations.

  ``(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.''.

          (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. 
Assistance may be provided under this section notwithstanding 
section 660 of this Act.\134\
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    \134\ Sec. 6(f) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2883) added 
this sentence.
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SEC. 135.\135\ ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN.

    (a) Findings.--Congress finds the following:
---------------------------------------------------------------------------
    \135\ 22 U.S.C. 2152f. Sec. 3 of the Assistance for Orphans and 
Other Vulnerable Children in Developing Countries Act of 2005 (Public 
Law 109-95; 119 Stat. 2113) added sec. 135.
---------------------------------------------------------------------------
          (1) There are more than 143,000,000 orphans living 
        sub-Saharan Africa, Asia, Latin America, and the 
        Caribbean. Of this number, approximately 16,200,000 
        children have lost both parents.
          (2) The HIV/AIDS pandemic has created an 
        unprecedented orphan crisis, especially in sub-Saharan 
        Africa, where children have been hardest hit. The 
        pandemic is deepening poverty in entire communities, 
        and is jeopardizing the health, safety, and survival of 
        all children in affected countries. It is estimated 
        that 14,000,000 children have lost one or both parents 
        to AIDS.
          (3) The orphans crisis in sub-Saharan Africa has 
        implications for human welfare, development, and 
        political stability that extend far beyond the region, 
        affecting governments and people worldwide.
          (4) Extended families and local communities are 
        struggling to meet the basic needs of orphans and 
        vulnerable children by providing food, health care 
        including treatment of children living with HIV/AIDS, 
        education expenses, and clothing.
          (5) Famines, natural disasters, chronic poverty, 
        ongoing conflicts, and civil wars in developing 
        countries are adversely affecting children in these 
        countries, the vast majority of whom currently do not 
        receive humanitarian assistance or other support from 
        the United States.
          (6) The United States Government administers various 
        assistance programs for orphans and other vulnerable 
        children in developing countries. In order to improve 
        targeting and programming of resources, the United 
        States Agency for International Development should 
        develop methods to adequately track the overall number 
        of orphans and other vulnerable children receiving 
        assistance, the kinds of programs for such children by 
        sector and location, and any other such related data 
        and analysis.
          (7) The United States Agency for International 
        Development should improve its capabilities to deliver 
        assistance to orphans and other vulnerable children in 
        developing countries through partnerships with private 
        volunteer organizations, including community and faith-
        based organizations.
          (8) The United States Agency for International 
        Development should be the primary United States 
        Government agency responsible for identifying and 
        assisting orphans and other vulnerable children in 
        developing countries.
          (9) Providing assistance to such children is an 
        important expression of the humanitarian concern and 
        tradition of the people of the United States.
    (b) Definitions.--In this section:
          (1) Aids.--The term ``AIDS'' has the meaning given 
        the term in section 104A(g)(1) of this Act.
          (2) Children.--The term ``children'' means persons 
        who have not attained 18 years of age.
          (3) Hiv/aids.--The term ``HIV/AIDS'' has the meaning 
        given the term in section 104A(g)(3) of this Act.
          (4) Orphan.--The term ``orphan'' means a child 
        deprived by death of one or both parents.
          (5) Psychosocial support.--The term ``psychosocial 
        support'' includes care that addresses the ongoing 
        psychological and social problems that affect 
        individuals, their partners, families, and caregivers 
        in order to alleviate suffering, strengthen social ties 
        and integration, provide emotional support, and promote 
        coping strategies.
    (c) Assistance.--The President is authorized to provide 
assistance, including providing such assistance through 
international or nongovernmental organizations, for programs in 
developing countries to provide basic care and services for 
orphans and other vulnerable children. Such programs should 
provide assistance--
          (1) to support families and communities to mobilize 
        their own resources through the establishment of 
        community-based organizations to provide basic care for 
        orphans and other vulnerable children;
          (2) for school food programs, including the purchase 
        of local or regional foodstuffs where appropriate;
          (3) to increase primary school enrollment through the 
        elimination of school fees, where appropriate, or other 
        barriers to education while ensuring that adequate 
        resources exist for teacher training and 
        infrastructure;
          (4) to provide employment training and related 
        services for orphans and other vulnerable children who 
        are of legal working age;
          (5) to protect and promote the inheritance rights of 
        orphans, other vulnerable children, and widows;
          (6) to provide culturally appropriate psychosocial 
        support to orphans and other vulnerable children; and
          (7) to treat orphans and other vulnerable children 
        with HIV/AIDS through the provision of pharmaceuticals, 
        the recruitment and training of individuals to provide 
        pediatric treatment, and the purchase of pediatric-
        specific technologies.
    (d) Monitoring and Evaluation.--
          (1) Establishment.--To maximize the sustainable 
        development impact of assistance authorized under this 
        section, and pursuant to the strategy required in 
        section 4 of the Assistance for Orphans and Other 
        Vulnerable Children in Developing Countries Act of 
        2005, the President shall establish a monitoring and 
        evaluation system to measure the effectiveness of 
        United States assistance to orphans and other 
        vulnerable children.
          (2) Requirements.--The monitoring and evaluation 
        system shall--
                  (A) establish performance goals for the 
                assistance and expresses such goals in an 
                objective and quantifiable form, to the extent 
                feasible;
                  (B) establish performance indicators to be 
                used in measuring or assessing the achievement 
                of the performance goals described in 
                subparagraph (A); and
                  (C) provide a basis for recommendations for 
                adjustments to the assistance to enhance the 
                impact of assistance.
    (e) Special Advisor for Assistance to Orphans and 
Vulnerable Children.--
          (1) Appointment.--
                  (A) In general.--The Secretary of State, in 
                consultation with the Administrator of the 
                United States Agency for International 
                Development, shall appoint a Special Advisor 
                for Assistance to Orphans and Vulnerable 
                Children.
                  (B) Delegation.--At the discretion of the 
                Secretary of State, the authority to appoint a 
                Special Advisor under subparagraph (A) may be 
                delegated by the Secretary of State to the 
                Administrator of the United States Agency for 
                International Development.
          (2) Duties.--The duties of the Special Advisor for 
        Assistance to Orphans and Vulnerable Children shall 
        include the following:
                  (A) Coordinate assistance to orphans and 
                other vulnerable children among the various 
                offices, bureaus, and field missions within the 
                United States Agency for International 
                Development.
                  (B) Advise the various offices, bureaus, and 
                field missions within the United States Agency 
                for International Development to ensure that 
                programs approved for assistance under this 
                section are consistent with best practices, 
                meet the requirements of this Act, and conform 
                to the strategy outlined in section 4 of the 
                Assistance for Orphans and Other Vulnerable 
                Children in Developing Countries Act of 2005.
                  (C) Advise the various offices, bureaus, and 
                field missions within the United States Agency 
                for International Development in developing any 
                component of their annual plan, as it relates 
                to assistance for orphans or other vulnerable 
                children in developing countries, to ensure 
                that each program, project, or activity 
                relating to such assistance is consistent with 
                best practices, meets the requirements of this 
                Act, and conforms to the strategy outlined in 
                section 4 of the Assistance for Orphans and 
                Other Vulnerable Children in Developing 
                Countries Act of 2005.
                  (D) Coordinate all United States assistance 
                to orphans and other vulnerable children among 
                United States departments and agencies, 
                including the provision of assistance relating 
                to HIV/AIDS authorized under the United States 
                Leadership Against HIV/AIDS, Tuberculosis, and 
                Malaria Act of 2003 (Public Law 108-25), and 
                the amendments made by such Act (including 
                section 102 of such Act, and the amendments 
                made by such section, relating to the 
                coordination of HIV/AIDS programs).
                  (E) Establish priorities that promote the 
                delivery of assistance to the most vulnerable 
                populations of orphans and children, 
                particularly in those countries with a high 
                rate of HIV infection among women.
                  (F) Disseminate a collection of best 
                practices to field missions of the United 
                States Agency for International Development to 
                guide the development and implementation of 
                programs to assist orphans and vulnerable 
                children.
                  (G) Administer the monitoring and evaluation 
                system established in subsection (d).
                  (H) Prepare the annual report required by 
                section 5 of the Assistance for Orphans and 
                Other Vulnerable Children in Developing 
                Countries Act of 2005.
    (f) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to the President to carry out this section 
        such sums as may be necessary for each of the fiscal 
        years 2006 and 2007.
          (2) Availability of funds.--Amounts made available 
        under paragraph (1) are authorized to remain available 
        until expended.

SEC. 135.\136\ ASSISTANCE TO PROVIDE SAFE WATER AND SANITATION.

    (a) Purposes.--The purposes of assistance authorized by 
this section are--
---------------------------------------------------------------------------
    \136\ 22 U.S.C. 2152h. Added by sec. 5(a) of the Senator Paul Simon 
Water for the Poor Act of 2005 (Public Law 109-121; 119 Stat. 2536).
---------------------------------------------------------------------------
          (1) to promote good health, economic development, 
        poverty reduction, women's empowerment, conflict 
        prevention, and environmental sustainability by 
        providing assistance to expand access to safe water and 
        sanitation, promoting integrated water resource 
        management, and improving hygiene for people around the 
        world;
          (2) to seek to reduce by one-half from the baseline 
        year 1990 the proportion of people who are unable to 
        reach or afford safe drinking water and the proportion 
        of people without access to basic sanitation by 2015;
          (3) to focus water and sanitation assistance toward 
        the countries, locales, and people with the greatest 
        need;
          (4) to promote affordability and equity in the 
        provision of access to safe water and sanitation for 
        the very poor, women, and other vulnerable populations;
          (5) to improve water efficiency through water demand 
        management and reduction of unaccounted-for water;
          (6) to promote long-term sustainability in the 
        affordable and equitable provision of access to safe 
        water and sanitation through the creation of innovative 
        financing mechanisms such as national revolving funds, 
        and by strengthening the capacity of recipient 
        governments and communities to formulate and implement 
        policies that expand access to safe water and 
        sanitation in a sustainable fashion, including 
        integrated planning;
          (7) to secure the greatest amount of resources 
        possible, encourage private investment in water and 
        sanitation infrastructure and services, particularly in 
        lower middle-income countries, without creating 
        unsustainable debt for low-income countries or 
        unaffordable water and sanitation costs for the very 
        poor; and
          (8) to promote the capacity of recipient governments 
        to provide affordable, equitable, and sustainable 
        access to safe water and sanitation.
    (b) Authorization.--To carry out the purposes of subsection 
(a), the President is authorized to furnish assistance for 
programs in developing countries to provide affordable and 
equitable access to safe water and sanitation.
    (c) Activities Supported.--Assistance provided under 
subsection (b) shall, to the maximum extent practicable, be 
used to--
          (1) expand affordable and equitable access to safe 
        water and sanitation for underserved populations;
          (2) support the design, construction, maintenance, 
        upkeep, repair, and operation of water delivery and 
        sanitation systems;
          (3) improve the safety and reliability of water 
        supplies, including environmental management; and
          (4) improve the capacity of recipient governments and 
        local communities, including capacity-building programs 
        for improved water resource management.
    (d) Local Currency.--The President may use payments made in 
local currencies under an agreement made under title I of the 
Agricultural Trade Development and Assistance Act of 1954 (7 
U.S.C. 1701 et seq.) to provide assistance under this section.

                    Chapter 2--Other Programs \137\

    Sec. 201.\138\ General Authority. * * * [Repealed--1978]
---------------------------------------------------------------------------
    \137\ Sec. 102(g)(1)(B) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) inserted the 
chapter heading ``Other Programs'' in lieu of ``Development 
Assistance''.
    \138\ Sec. 102(g)(1)(A) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) repealed secs. 
201, 202, 203, 204, 207, and 208. The text of sec. 204 was subsequently 
reinserted as subsec. (e) of sec. 122 of this Act.
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    Sec. 202.\138\ Authorization. * * * [Repealed--1978]
    Sec. 203.\138\ Fiscal Provisions. * * * [Repealed--1978]
    Sec. 204.\138\ Development Loan Committee. * * * 
[Repealed--1978]
    Sec. 205.\139\ Relating to Transfers to International 
Financial Institutions. * * * [Repealed--1972]
---------------------------------------------------------------------------
    \139\ Sec. 101(d) of the FA Act of 1971 (Public Law 92-226; 86 
Stat. 21) repealed sec. 205.
---------------------------------------------------------------------------

     Title I--Multilateral and Regional Development Programs \140\
---------------------------------------------------------------------------

    \140\ Sec. 102(g)(1)(C) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new 
title heading.
---------------------------------------------------------------------------
    Sec. 206.\141\ 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.
---------------------------------------------------------------------------
    \141\ 22 U.S.C. 2166. Sec. 102(b) of the FA Act of 1965 (Public Law 
89-171) added sec. 206.
---------------------------------------------------------------------------
    Sec. 207.\138\ Purposes of Development Assistance. * * * 
[Repealed--1978]
    Sec. 208.\138\ Self-Help Criteria. * * * [Repealed--1978]
    Sec. 209.\142\ 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.
---------------------------------------------------------------------------
    \142\ 22 U.S.C. 2169. Sec. 102(e) of the FA Act of 1967 (Public Law 
90-137) added sec. 209. Sec. 101(c)(1) of the FA Act of 1971 (Public 
Law 92-226; 86 Stat. 21) amended subsec. (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) \143\ 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.
---------------------------------------------------------------------------
    \143\ Sec. 101(c)(3) of the FA Act of 1971 (Public Law 92-226; 86 
Stat. 21) struck out ``Regional Programs.--''.
---------------------------------------------------------------------------
    (c) \144\ 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.
---------------------------------------------------------------------------
    \144\ 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) \145\ * * * [Repealed--2000]
---------------------------------------------------------------------------
    \145\ Subsec. (d), added by sec. 101(c)(2) of the FA Act of 1971 
(Public Law 92-226; 86 Stat. 21), was struck out by sec. 804 of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2001 (H.R. 5526, as introduced on October 24, 2000, 
enacted by reference in sec. 101(a) of Public Law 106-429; 114 Stat. 
1900A-67). It had read as follows:
    ``(d) In furtherance of the provisions of subsection (a) of this 
section, any funds appropriated under this part I may be transferred by 
the President to the International Development Association, the 
International Bank for Reconstruction and Development, the 
International Finance Corporation, the Asian Development Bank or other 
multilateral lending institutions and multilateral organizations in 
which the United States participates for the purpose of providing funds 
to enable any such institution or organization to make loans to foreign 
countries.''.
---------------------------------------------------------------------------
    Sec. 211.\146\ General Authority. * * * [Repealed--1978]
---------------------------------------------------------------------------
    \146\ Sec. 102(g)(1)(A) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) repealed secs. 
211, 212, 215, 216, 217, 218, 220, and 220A.
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    Sec. 212.\146\ Authorization. * * * [Repealed--1978]
    Sec. 213.\147\ Atoms for Peace. * * * [Repealed--1962]
---------------------------------------------------------------------------
    \147\ Sec. 103(c) of the FA Act of 1962 (76 Stat. 256) repealed 
sec. 213.
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 Title II--American Schools and Hospitals Abroad; Prototype Desalting 
                              Plant \148\
---------------------------------------------------------------------------

    \148\ Sec. 102(g)(1)(D) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) added this new 
title heading.
---------------------------------------------------------------------------
    Sec. 214.\149\ American Schools and Hospitals Abroad.--(a) 
The President is authorized to furnish \150\ 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.
---------------------------------------------------------------------------
    \149\ 22 U.S.C. 2174.
    \150\ Sec. 103(b)(1) of the FA Act of 1963 (Public Law 88-205) 
struck out ``use, in addition to other funds available for such 
purposes, funds made available for the purposes of sec. 211 for'' and 
inserted in lieu thereof ``furnish''.
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    (b) The President is authorized,\151\ notwithstanding the 
provisions of the Mutual Defense Assistance Control Act of 1951 
(22 U.S.C. 1611 et seq.) \152\ to furnish \153\ 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.\154\
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    \151\ Sec. 103(b)(2) of the FA Act of 1963 (Public Law 88-205) 
struck out ``to use'' after ``authorized''.
    \152\ Superseded by the Export Administration Act of 1979.
    \153\ Sec. 103(b)(2) of the FA Act of 1963 (Public Law 88-205) 
struck out ``foreign currencies accruing to the United States 
Government under any Act, for purposes of subsection (2) of this 
section, and for'' and inserted in lieu thereof ``to furnish''.
    \154\ Sec. 103(c)(1) of the FA Act of 1966 (Public Law 89-583) 
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) \155\ (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.
---------------------------------------------------------------------------
    \155\ Sec. 4(2) of the FA Act of 1973 (Public Law 93-189) amended 
and restated subsec. (c).
---------------------------------------------------------------------------
    (2) Amounts appropriated under paragraph (1) are authorized 
to remain available until expended.\156\
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    \156\ 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 2006--no authorization.
    Congress did not enact an authorization for fiscal year 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), waived the requirements 
for authorization and title II of that Act (119 Stat. 2176) provided 
the following
---------------------------------------------------------------------------

``development assistance
---------------------------------------------------------------------------

    ``* * *Provided further, That of the funds appropriated under this 
heading, not less than $20,000,000 should be made available for the 
American Schools and Hospitals Abroad program:''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
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``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
---------------------------------------------------------------------------
    (d) \157\ 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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    \157\ 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) (originally added by the FA Act of 1973), and 
redesignated subsec. (f) (originally added by Public Law 95-88; 91 
Stat. 539) as subsec. (d).
---------------------------------------------------------------------------
    Sec. 215.\158\ Loans to Small Farmers. * * * [Repealed--
1978]
---------------------------------------------------------------------------
    \158\ Sec. 102(g)(1)(A) of Public Law 95-424 (92 Stat. 942) 
repealed secs. 215, 216, 217, 218, 220, and 220A.
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    Sec. 216.\158\ Voluntary Agencies. * * * [Repealed--1978]
    Sec. 217.\158\ Used Equipment. * * * [Repealed--1978]
    Sec. 218.\158\ Fish and Other Protein Concentrates. * * * 
[Repealed--1978]
    Sec. 219.\159\ 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.
---------------------------------------------------------------------------
    \159\ 22 U.S.C. 2179. Sec. 104 of the FA Act of 1969 (Public Law 
91-175; 83 Stat. 806) added sec. 219.
---------------------------------------------------------------------------
    (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.\158\ Programs for Peaceful Communication. * * * 
[Repealed--1978]
    Sec. 220A.\158\ Suez Canal. * * * [Repealed--1978]

      Title III--Housing and Other Credit Guaranty Programs \160\

    Sec. 221.\161\ Housing Guaranties.--The Congress recognizes 
that shelter, including essential urban development services, 
is \162\ 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 \163\ 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 \163\ and related services for low-income people by 
demonstrating to local entrepreneurs and institutions that 
providing low-cost shelter \163\ 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.\163\ 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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    \160\ Sec. 105 of the FA Act of 1969 (Public Law 91-175) added 
title III. Sec. 8(a)(1) of the FA Act of 1974 (Public Law 93-559) 
struck out ``Housing Guaranties'' and inserted in lieu thereof 
``Housing and Other Credit Guaranty Programs''.
    \161\ 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).
    \162\ 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) struck out ``requirements are'' and inserted 
in lieu thereof ``including essential urban development services, is''.
    \163\ 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) struck out ``housing'' and inserted in lieu 
thereof ``shelter''.
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    Sec. 222.\164\ 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.\165\ The authority of this section shall 
continue through September 30, 1992.\166\ 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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    \164\ 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).
    \165\ 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). 
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 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), waived the requirements 
for authorization and title II of that Act (119 Stat. 2178) 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 provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$21,000,000 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 
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, including the cost of 
modifying such direct and guaranteed loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That funds made available by this paragraph may be 
used for the cost of modifying any such guaranteed loans under this Act 
or prior Acts, and funds used for such costs shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
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: Provided further, That these funds are 
available to subsidize total loan principal, any portion of which is to 
be guaranteed, of up to $700,000,000.
    ``In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to and merged with 
the appropriation for Operating Expenses of the United States Agency 
for International Development: Provided, That funds made available 
under this heading shall remain available until September 30, 2008.''.
    Sec. 306 of H.R. 1486, as reported by the Committee on 
International Relations, May 9, 1997 (H.Rept. 105-94), sought to amend 
the Foreign Assistance Act of 1961 by adding a new sec. 107A to 
establish the President's authority to use development credit authority 
where recipients would otherwise not have access to such credit and 
that credit would be in keeping with U.S. development purposes. For 
text, see note at sec. 256 (redesignated from sec. 108) of this Act.
    See also in the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2225), 
sec. 565, relating to special debt relief for the poorest.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
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``GOVERNMENT-WIDE RESCISSIONS
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    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
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  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
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    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
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  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
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    ``(c) Exceptions.--This section shall not apply--
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  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
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    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    \166\ 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); and 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 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) \167\ 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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    \167\ 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 designated ``(d)''.
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    Sec. 222A.\168\ 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,\169\ the authority conferred by this 
section should be used to establish pilot programs \169\ 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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    \168\ 22 U.S.C. 2182a. sec. 8(a)(2) of the FA Act of 1974 (Public 
Law 93-559) added sec. 222A.
    \169\ 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), struck out ``in Latin America'' after 
``economic development of less developed countries'' and struck out 
``in not more than six Latin American countries'' after ``establish 
pilot programs''.
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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 \170\ 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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    \170\ 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), struck out ``in not more than five Latin 
American countries'' at this point.
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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.\171\ Not more than 10 per centum of such sum shall 
be provided for any one institution, cooperative, or 
organization.
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    \171\ Sec. 112(b)(2) of the International Development Cooperation 
Act of 1979 (Public Law 96-53; 93 Stat. 364) struck out ``$15,000,000'' 
and inserted in lieu thereof ``$20,000,000''.
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    (d) \172\ 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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    \172\ Sec. 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 out 
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.\173\
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    \173\ 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). 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.\174\
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    \174\ Sec. 502(d)(1) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959) repealed 
subsec. (j), which concerned a one-time reporting requirement.
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    Sec. 223.\175\ General Provisions.--(a) A fee shall be 
charged for each guaranty issued under section 222 or 222A 
\176\ 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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    \175\ 22 U.S.C. 2183. Sec. 105 of the FA Act of 1969 (Public Law 
91-175) added sec. 223.
    \176\ 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, 
sec. 115 of the International Development and Food Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 951) struck out the reference to sec. 
221.
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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 \177\ or 
under prior housing guaranty authorities,\178\ 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 \179\ 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 \177\ or 
heretofore pursuant to this title or \180\ 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.\181\ 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.\182\
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    \177\ 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 sec. 221.
    \178\ Sec. 117(b)(2)(A) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) struck out 
``hereunder'' and inserted in lieu thereof ``under section 221 or 222 
or under prior housing guaranty authorities''.
    \179\ Sec. 115(d)(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) struck out 
``221 and section 222 of'' and inserted in lieu thereof ``222 and 
administering housing guaranties heretofore authorized under this title 
and under''.
    \180\ Sec. 115(d)(4) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) inserted 
``this title or''.
    \181\ Sec. 117(b)(2) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) added this 
sentence.
    \182\ Sec. 310(b) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1535) added the 
final three sentences of subsec. (b).
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    (c) Any payments made to discharge liabilities under 
guaranties issued under this title or \183\ 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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    \183\ Sec. 115(e) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) struck out 
``section 221 or'' and inserted in lieu thereof ``under this title 
or''.
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    (d) All guaranties issued under section 222 or 222A or 
previously under section 240 of this Act \184\ or heretofore 
under this title or \185\ 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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    \184\ Sec. 8(a)(5) of the FA Act of 1974 (Public Law 93-559) struck 
out ``section 221 or section 222'' and inserted in lieu thereof 
``section 221, 222, 222A, or previously under section 240 of this 
Act''. Subsequently, sec. 115(f) of Public Law 95-424 struck out the 
reference to sec. 221.
    \185\ Sec. 115(f)(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) inserted 
``under this title or''.
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    (e)(1) \186\ 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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    \186\ 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), added para. designation ``(1)'' and new 
para. (2).
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    (2) \186\ (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.\187\
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    \187\ 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), struck out ``$40,000,000'' and inserted in lieu thereof 
``$100,000,000''.
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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 \188\ 222, 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.\189\ 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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    \188\ Sec. 115(g) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424) struck out ``221 or''.
    \189\ Sec. 112(c) of the International Development Cooperation Act 
of 1979 (Public Law 96-53; 93 Stat. 364) struck out language that 
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.
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    (g) Housing guaranties committed, authorized, or 
outstanding heretofore under this title or \190\ 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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    \190\ Sec. 115(h) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 951) added 
``heretofore under this title or''.
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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) \191\ * * * [Repealed--1978]
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    \191\ Sec. 115(i) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 952) repealed 
subsec. (i), which had authorized sections 221 and 222 to continue in 
force until Sept. 30, 1979.
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    (j) \192\ Guaranties shall be issued under section 222 
\177\ only for housing projects which are coordinated with and 
complementary to any development assistance being furnished 
under chapter 1 of this part and which \193\ 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.\194\
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    \192\ Sec. 311(5)(B) of Public Law 94-161 (89 Stat. 849) added 
subsection (j).
    \193\ Sec. 112(d)(1) of the International Development Cooperation 
Act of 1979 (Public Law 96-53; 93 Stat. 364) struck out ``(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)'' and inserted in lieu 
thereof ``are coordinated with and complementary to any development 
assistance being furnished under chapter 1 of this part and which''.
    \194\ 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.\195\ 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,\196\ 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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    \195\ 22 U.S.C. 2184. 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), added sec. 224. 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).
    \196\ For text, see Legislation on Foreign Relations Through 2005, 
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.\197\
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    \197\ 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.\198\
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    \198\ Sec. 314 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83) struck out ``not to exceed 
$300,000,000 in the fiscal year 1985.'' and inserted in lieu thereof 
the text to this point beginning with the word ``Acts,''.
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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.\199\ Trade Credit Insurance Program for Poland.
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    \199\ 22 U.S.C. 2185. Sec. 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.\200\ 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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    \200\ 22 U.S.C. 2186. Sec. 601 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1993 (Public Law 
102-391; 106 Stat. 1699), added sec. 226.
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    (b) \201\ 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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    \201\ 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 
        \202\ of the House of Representatives.
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    \202\ 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) \201\ 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 \203\

    Sec. 231.\204\ Creation, Purpose and Policy.--To mobilize 
and facilitate the participation of United States private 
capital and skills in the economic and social development \205\ 
of less developed countries and areas, and countries in 
transition from nonmarket to market economies,\206\ 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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    \203\ Sec. 105 of the FA Act of 1969 (Public Law 91-175) added a 
new title IV. Prior to this, title IV had been titled ``Surveys of 
Investment Opportunities.'' For Executive Order concerning OPIC, see 
Legislation on Foreign Relations Through 2005, 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), as follows:
    ``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 2005, vol. II, sec. E.
    \204\ 22 U.S.C. 2191. Sec. 105 of the FA Act of 1969 (Public Law 
91-175) added sec. 231.
    \205\ Sec. 2(1)(A) of the OPIC Amendments Act of 1974 (Public Law 
93-390; 83 Stat. 809) struck out ``progress'' and inserted in lieu 
thereof ``development''.
    \206\ 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 \207\ Corporation, in determining whether to provide 
insurance, financing, or reinsurance for a project, shall 
especially--
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    \207\ Sec. 2(1) of Public Law 95-268 (92 Stat. 213) added this 
paragraph.
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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 \208\
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    \208\ 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) \209\ ensures that the project is consistent with 
        the provisions of section 117 \209\ (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 \209\ in, developing 
        countries, and consistent with the intent of 
        regulations issued pursuant to sections 118 and 119 of 
        this Act.
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    \209\ Sec. 4(a)(1)(C) of the OPIC Amendments Act of 1985 (Public 
Law 99-204; 99 Stat. 1669) added para. (3). 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) \210\ 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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    \210\ Sec. 2(1)(B) of the OPIC Amendments Act of 1974 (Public Law 
93-390; 83 Stat. 809) amended and restated subsec. (a). 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 \211\ 
        efforts to share its insurance risks and reinsurance 
        \212\ risks;
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    \211\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) struck out ``when appropriate,'' after ``including''.
    \212\ Sec. 2(1)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) inserted ``and reinsurance''.
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          (e) \213\ to the maximum degree possible consistent 
        with its purposes--
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    \213\ 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) \214\ 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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    \214\ 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;''
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and
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    ``(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) \214\ to foster private initiative and 
        competition and discourage monopolistic practices;
          (h) \214\ to further to the greatest degree possible, 
        in a manner consistent with its goals, the balance-of-
        payments and employment \215\ objectives of the United 
        States;
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    \215\ Sec. 2(1)(E) of the OPIC Amendments Act of 1974 (Public Law 
93-390) inserted ``and employment''.
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          (i) \214\ 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; \216\
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    \216\ Sec. 2(2) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1021) inserted ``, and to seek to support those 
developmental projects having positive trade benefits for the United 
States''.
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          (j) \214\ 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) \217\ (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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    \217\ 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) \218\ 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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    \218\ 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) \219\ 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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    \219\ Sec. 2(3)(C) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1021) added subsec. (m).
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          (n) \220\ 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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    \220\ 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.\221\ Additional Requirements.--(a) Worker 
Rights.--
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    \221\ 22 U.S.C. 2191a. Sec. 5(a) of the OPIC Amendments Act of 1985 
(Public Law 99-204; 99 Stat. 1670) added sec. 231A. 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,\222\ 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: \223\
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    \222\ 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''.
    \223\ Sec. 102(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3651) added the last sentence, including the 
quoted language required in contracts.
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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.\224\ The restriction set forth in paragraph (1) 
        shall not apply until the first such report is 
        submitted to the Congress.
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    \224\ 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.\225\
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    \225\ On June 21, 1990, 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; 55 
F.R. 27631).
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          (4) \226\ 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) \227\ of the Trade Act of 
        1974.
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    \226\ Sec. 2203(c) of Public Law 100-418 (102 Stat. 1328) para. 
(4).
    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 2005, vol. 
II, sec. D.
    \227\ 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) \228\ 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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    \228\ 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) \228\ Public Hearings.--(1) \229\ 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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    \229\ 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) \229\ 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.\230\ 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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    \230\ 22 U.S.C. 2192. Sec. 105 of the FA Act of 1969 (Public Law 
91-175) added sec. 232.
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    Sec. 233.\231\ 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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    \231\ 22 U.S.C. 2193. Sec. 105 of the FA Act of 1969 (Public Law 
91-175) added sec. 233.
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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,\232\ including the Chairman, with eight 
Directors \233\ constituting a quorum for the transaction of 
business.\234\ Eight Directors \233\, \235\ 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 \236\ 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 \237\ 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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    \232\ Sec. 3(a)(1) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1021) increased the number of Directors 11 to 15.
    \233\ Sec. 3(a) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1021) increased the number of Directors from six to eight.
    \234\ 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).
    \235\ 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.
    \236\ Sec. 3(a) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022) increased the number of Directors from one of the 
six to two of the eight.
    \237\ Sec. 3(a)(3) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1022) increased the number of Directors from two to 
three.
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    The other Directors shall be principal officers \238\ of 
the Government of the United States whose duties relate to the 
programs of the Corporation,\239\ including the President of 
the Corporation, the Administrator of the Agency for 
International Development, the United States Trade 
Representative, and \240\ one such officer \241\ of the 
Department of Labor,\242\ 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.\243\
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    \238\ Sec. 3(e)(1) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out 
``officials'' and inserted in lieu thereof ``principal officers''.
    \239\ Sec. 3(e)(2) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) inserted 
``whose duties relate to the programs of the Corporation''.
    \240\ 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''.
    \241\ Sec. 3(e)(3) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out 
``an official'' and inserted in lieu thereof ``one such officer''.
    \242\ Sec. 3(b) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022) added the reference to an official of the Department 
of Labor.
    \243\ 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.\244\
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    \244\ 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) \245\ 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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    \245\ The rate of compensation at level IV of the Executive 
Schedule in 2006 is $143,000 per annum (Executive Order 13393; 70 F.R. 
76655; December 22, 2005).
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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) \246\ 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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    \246\ 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:
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``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.--
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  ``(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.\247\ Investment Insurance and Other 
Programs.\248\--The Corporation is hereby authorized to do the 
following:
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    \247\ 22 U.S.C. 2194. Sec. 105 of the FA Act of 1969 (Public Law 
91-175) added sec. 234.
    \248\ Sec. 2(2)(A) of the OPIC Amendments Act of 1974 (Public Law 
93-390) struck out ``Investment Incentive Programs'' and inserted in 
lieu thereof ``Investment Insurance and Other Programs''.
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    (a) \249\ 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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    \249\ 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 or any political 
        subdivision thereof; \250\
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    \250\ Sec. 4(a) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) inserted 
``or any political subdivision thereof''.
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          (C) loss due to war, revolution, insurrection or 
        civil strife; and \251\
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    \251\ Sec. 4(a)(1) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1022) added the reference to civil strife.
---------------------------------------------------------------------------
          (D) \252\ loss due to business interruption caused by 
        any of the risks set forth in subparagraphs (A), (B), 
        and (C).
---------------------------------------------------------------------------
    \252\ Sec. 6(a)(1)(D) of the OPIC Amendments Act of 1985 (Public 
Law 99-204; 99 Stat. 1671) added subpara. (D).
---------------------------------------------------------------------------
    (2) \253\ 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.\254\
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    \253\ Sec. 2(2)(B) of the OPIC Amendments Act of 1974 (Public Law 
93-390) amended and restated subsec. (a)(2). 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.''.
    \254\ Sec. 4(a)(2) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1022) struck out ``total'' and ``financing'', before 
and after ``project''.
    Sec. 3(1) of Public Law 95-268 (92 Stat. 214) struck out: ``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 \255\ of investment insurance which the Corporation 
is permitted to have outstanding under section 235(a)(1) \256\ 
shall be issued to a single investor.
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    \255\ Sec. 3(2) of Public Law 95-268 (92 Stat. 214) struck out 
``total face amount'' and inserted in lieu thereof ``maximum contingent 
liability''.
    \256\ Sec. 4(a)(3) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1022) struck out ``authorized to issue under this 
subsection'' and inserted in lieu thereof ``permitted to have 
outstanding under sec. 235(a)(1)''.
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    (4) \257\ 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'',\258\ 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 \259\ 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.\260\
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    \257\ Paras. (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 para. (4) was added by sec. 4(a)(4) of the OPIC Amendments Act 
of 1981 (Public Law 97-65; 95 Stat. 1022).
    \258\ Sec. 6(a)(2)(A) and (B) of the OPIC Amendments Act of 1985 
(Public Law 99-204; 99 Stat. 1671) struck out ``civil strife insurance 
for the first time'' and inserted in lieu thereof ``insurance for the 
first time loss due to business interruption'', and struck out 
``definition of civil strife'' and inserted in lieu thereof 
``definition of `civil strife' or `business interruption'''.
    \259\ 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.
    \260\ 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 \261\ per centum of the maximum 
contingent liability of investment guaranties which the 
Corporation is permitted to have outstanding under section 
235(a)(2) \262\ shall be issued to a single investor.
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    \261\ Sec. 7 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 1672) changed the per centum from 10 to 15.
    \262\ Sec. 4(b) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1022) struck out ``authorized to issue under this 
subsection'' and inserted in lieu thereof ``permitted to have 
outstanding under section 235(a)(2)''.
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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.\263\ Loans may be 
made under this subsection only for projects that are sponsored 
by or significantly involve United States small business or 
cooperatives.\264\
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    \263\ 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.''.
    \264\ Sec. 3(4) of Public Law 95-268 (92 Stat. 214) added this 
sentence.
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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.\265\
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    \265\ 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) added this para.
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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.\266\
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    \266\ 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.\267\
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    \267\ 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.\268\ 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.\269\
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    \268\ Sec. 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''.
    \269\ Sec. 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) \270\ 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.\271\
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    \270\ Sec. 2(2)(D) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added subsec. (f).
    \271\ Sec. 3(6) of Public Law 95-268 (92 Stat. 214) added ``; 
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''. 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 \272\ multinational insurance or financing agencies or 
groups of such agencies.
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    \272\ Sec. 8 of the OPIC Amendments Act of 1985 (Public Law 99-204; 
99 Stat. 1672) struck out ``other national or'' after ``agreements 
with''.
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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 \273\ 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.\274\, 
\275\
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    \273\ Sec. 4(b)(3)(A) of the OPIC Amendments Act of 1981 (Public 
Law 97-65; 95 Stat. 1022) struck out ``exceed $600,000,000 in any one 
year, and the amount of such reinsurance shall not'' at this point.
    \274\ Sec. 4(b)(3)(B) of the OPIC Amendments Act of 1981 (Public 
Law 97-65; 95 Stat. 1022) struck out ``and the Corporation shall 
endeavor to increase such specified portions to the maximum extent 
possible'' at this point.
    \275\ 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) \276\ Pilot Equity Finance Program.--
---------------------------------------------------------------------------
    \276\ 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) added subsec. (g).
    Sec. 6001(1) of Public Law 106-31 (113 Stat. 113) struck out para. 
(C), 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 para. (C) 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) \277\ 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 \278\ and 
        in marine transportation projects in countries and 
        areas eligible for OPIC support worldwide using United 
        States commercial maritime expertise.\279\
---------------------------------------------------------------------------
    \277\ 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''.
    \278\ Should read ``Caribbean Basin Economic Recovery Act''; see 
Legislation on Foreign Relations Through 2005, vol. III, sec. J.
    \279\ 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) \280\ 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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    \280\ 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 \281\ 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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    \281\ 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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    (h) \282\ Local Currency Guaranties for Eligible 
Investors.--To issue to--
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    \282\ Sec. 5(a) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) added 
subsec. (h).
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          (1) eligible investors, or
          (2) local financial institutions, guaranties,
denominated in currencies other than United States dollars, of 
loans and other investments made to projects sponsored by or 
significantly involving eligible investors, assuring against 
loss due to such risks and upon such terms and conditions as 
the Corporation may determine, for projects that the 
Corporation determines to have significant developmental 
effects or as the Corporation determines to be necessary or 
appropriate to carry out the purposes of this title.
    Sec. 234A.\283\ Enhancing Private Political Risk Insurance 
Industry.
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    \283\ 22 U.S.C. 2194b. 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) amended and restated sec. 234A. 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.\284\ Issuing Authority, Direct Investment 
Authority and Reserves.--
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    \284\ 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'' and inserted 
in lieu thereof ``Authority''.
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    (a) \285\  Issuing Authority.--
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    \285\ 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 sec. 104(a)((3) of that Act 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 and 
        administrative costs \286\ of the investment guaranties 
        and direct loan programs under subsections (b) and (c) 
        of section 234.
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    \286\ Sec. 3(a) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out 
``subsidy cost'' and inserted in lieu thereof ``subsidy and 
administrative costs''.
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          (2) Termination of authority.--The authority of 
        subsections (a), (b), and (c) \287\ of section 234 
        shall continue until 2007.\288\
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    \287\ 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)''.
    \288\ 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 Sept. 30, 1992 to Sept. 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. 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''. 
Sec. 2 of the Export Enhancement Act of 1999 (Public Law 106-158; 113 
Stat. 1745) would have struck out ``1999'' and inserted in lieu there 
``2003''; the amendment, however, was not executed as ``1999'' no 
longer appeared in the text. Sec. 2 of the Overseas Private Investment 
Corporation Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) 
struck out ``November 1, 2000'' and inserted in lieu thereof ``2007''.
    Title I of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2173), 
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 $42,274,000: 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
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    ``For the cost of direct and guaranteed loans, $20,276,000, 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 2006 and 2007: 
Provided further, That such sums shall remain available through fiscal 
year 2014 for the disbursement of direct and guaranteed loans obligated 
in fiscal year 2006, and through fiscal year 2015 for the disbursement 
of direct and guaranteed loans obligated in fiscal year 2007: Provided 
further, That notwithstanding any other provision of law, the Overseas 
Private Investment Corporation is authorized to undertake any program 
authorized by title IV of the Foreign Assistance Act of 1961 in Iraq: 
Provided further, That funds made available pursuant to the authority 
of the previous proviso shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    ``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. 507, 
relating to prohibition against direct funding for certain countries 
(particularly Libya); sec. 513, relating to commerce and trade; sec. 
553, relating to authorization requirements; and sec. 579 (at 119 Stat. 
2232), which provides the following:
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``opic transfer authority

``(including transfer of funds)
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    ``Sec. 579. Whenever the President determines that it is in 
furtherance of the purposes of the Foreign Assistance Act of 1961, up 
to a total of $20,000,000 of the funds appropriated under title II of 
this Act may be transferred to and merged with funds appropriated by 
this Act for the Overseas Private Investment Corporation Program 
Account, to be subject to the terms and conditions of that account: 
Provided, That such funds shall not be available for administrative 
expenses of the Overseas Private Investment Corporation: Provided 
further, That funds earmarked by this Act shall not be transferred 
pursuant to this section: Provided further, That the exercise of such 
authority shall be subject to the regular notification procedures of 
the Committees on Appropriations.''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
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``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
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  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
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    ``(c) Exceptions.--This section shall not apply--
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  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
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    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
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    (b) \285\ * * * [Repealed--1992]
    (c) There shall be established in the Treasury of the 
United States a noncredit account revolving fund, which \289\ 
shall be available for discharge of liabilities, as provided in 
subsection (d) of this section \290\ until such time as all 
such liabilities have been discharged or have expired or until 
all of the fund has \291\ 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 \290\ and (2) such sums as shall be appropriated 
pursuant to subsection (f) of this section for such 
purpose.\292\ Additional amounts may thereafter be transferred 
to such fund \293\ pursuant to section 236.
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    \289\ Sec. 3(b)(1)(A) of the Overseas Private Investment 
Corporation Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) 
struck out ``an insurance and guaranty fund, which shall have separate 
accounts to be known as the Insurance Reserve and the Guaranty Reserve, 
which reserves'' and inserted in lieu thereof ``a noncredit account 
revolving fund, which''.
    \290\ Sec. 17(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204; 99 Stat. 1676) struck out references to ``section 234(e)'' and 
``section 235(f)'' and inserted in lieu thereof references to 
``subsection (e)'', or ``subsection (j)'', ``of this section'', and 
references to ``section 235(d)'' with ``subsection (d) of this 
section''.
    \291\ Sec. 3(b)(1)(B) of the Overseas Private Investment 
Corporation Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) 
struck out ``such reserves have'' and inserted in lieu thereof ``of the 
fund has''.
    \292\ Sec. 3(b)(2) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out 
``The allocation of such funds to each such reserve shall be determined 
by the Board after consultation with the Secretary of the Treasury.''.
    \293\ Sec. 3(b)(3) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out 
``reserves'' and inserted in lieu thereof ``fund''.
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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 noncredit 
account revolving fund, as long as such fund \295\ 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 234(c) shall be paid in accordance with the Federal 
Credit Reform Act of 1990.\296\
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    \294\ Sec. 2(3)(B) of the OPIC Amendments Act of 1974 (Public Law 
93-390) struck out ``insurance issued under section 234(a)'' and 
inserted in lieu thereof ``insurance or reinsurance issued under 
section 234''.
    Sec. 9(b) of the OPIC Amendments Act of 1985 (Public Law 99-204; 99 
Stat. 1672) added the reference to sec. 234A.
    \295\ Sec. 3(c)(1) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out 
``Insurance Reserve, as long as such reserve'' and inserted in lieu 
thereof ``noncredit account revolving fund, as long as such fund''.
    \296\ Sec. 3(c)(2) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1949) struck out 
``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'' and inserted in lieu thereof ``or 234(c) shall be 
paid in accordance with the Federal Credit Reform Act of 1990''.
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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) \297\ 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 noncredit account revolving fund,\298\ 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 noncredit account revolving fund \299\ until the amount of 
funds in the noncredit account revolving fund \299\ is less 
than $25,000,000. Any appropriations to augment the noncredit 
account revolving fund \299\ 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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    \297\ Sec. 2(3)(C) of the OPIC Amendments Act of 1974 (Public Law 
93-390) amended and restated subsec. (f). 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 of Public Law 103-392 (108 Stat. 4098) struck out subsec. 
(g). 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.
    \298\ Sec. 3(d)(1) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out 
``insurance and guaranty fund'' and inserted in lieu thereof 
``noncredit account revolving fund''.
    \299\ Sec. 3(d)(2) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out 
``Insurance Reserve'' and inserted in lieu thereof ``noncredit account 
revolving fund''.
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    Sec. 236.\300\ 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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    \300\ 22 U.S.C. 2196. Added by sec. 105 of the FA Act of 1969 
(Public Law 91-175).
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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.\301\ General Provisions Relating to Insurance 
Guaranty, and Financing Program.--(a) Insurance guaranties, and 
reinsurance \302\ 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.\302\
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    \301\ 22 U.S.C. 2197. Added by Sec. 105 of the FA Act of 1969 
(Public Law 91-175).
    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''.
    \302\ 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 \302\ 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 \302\ 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,\302\ and guaranties issued pursuant to 
this title shall constitute obligations, in accordance with the 
terms of such insurance, reinsurance,\302\ 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) \303\ Fees.--
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    \303\ 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 \302\ 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.\304\ 
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 \305\ (3) \306\ 
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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    \304\ Sec. 6(a) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1023) amended and restated the first sentence of subsec. 
(f). Previous amendments to this sentence in subsec. (f) 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).
    \305\ Sec. 2(4)(G) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added this sentence. Sec. 5 of Public Law 95-268 (92 Stat. 215) 
added ``except that limitation shall not apply to direct insurance or 
reinsurance of loans by banks or other financial institutions to 
unrelated parties''.
    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.''.
    \306\ Sec. 6(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204) added clause (3).
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    (g) No payment may be made under any guaranty, insurance or 
reinsurance \302\ 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 \307\ 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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    \307\ Sec. 2(4)(I) of the OPIC Amendments Act of 1974 (Public Law 
93-390) struck out ``or guaranties'' and inserted in lieu thereof ``, 
guaranties, or reinsurance''.
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    (i) Claims arising as a result of insurance, reinsurance 
\308\ 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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    \308\ Sec. 2(4)(J) of the OPIC Amendments Act of 1974 (Public Law 
93-390) inserted ``, 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) \309\ 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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    \309\ Sec. 2(4)(K) of the OPIC Amendments Act of 1974 (Public Law 
93-390) amended and restated subsec. (k). 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) \310\ (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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    \310\ Sec. 6 of Public Law 95-268 (92 Stat. 215) added subsec. (l).
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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) \311\ (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--
---------------------------------------------------------------------------
    \311\ Sec. 4(b) of the OPIC Amendments Act of 1985 (Public Law 99-
204) added subsec. (m).
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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) \312\ 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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    \312\ 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) \313\ 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.
---------------------------------------------------------------------------
    \313\ Sec. 105(c) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3653) added subsec. (o).
---------------------------------------------------------------------------
    Sec. 238.\314\ Definitions.--As used in this title--
---------------------------------------------------------------------------
    \314\ 22 U.S.C. 2198. Added by sec. 105 of the FA Act of 1969 
(Public Law 91-175).
---------------------------------------------------------------------------
          (a) the term ``investment'' includes any contribution 
        or commitment \315\ 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;
---------------------------------------------------------------------------
    \315\ Sec. 7 of the OPIC Amendments Act of 1981 (Public Law 97-65; 
95 Stat. 1024) inserted ``or commitment''.
---------------------------------------------------------------------------
          (b) the term ``expropriation'' includes, but is not 
        limited to, any abrogation, repudiation, or impairment 
        by a foreign government, a political subdivision of a 
        foreign government, or a corporation owned or 
        controlled by a foreign government,\316\ 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;
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    \316\ Sec. 4(b) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) inserted 
``, a political subdivision of a foreign government, or a corporation 
owned or controlled by a foreign government,''.
---------------------------------------------------------------------------
          (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,\317\ 
        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,\318\ 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; \319\
---------------------------------------------------------------------------
    \317\ Sec. 17(a) of the OPIC Amendments Act of 1985 (Public Law 99-
204) added reference to the District of Columbia.
    \318\ Sec. 104(a) of the FA Act of 1971 (Public Law 91-672) struck 
out ``required by Law to be''.
    \319\ 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) \319\ the term ``noncredit account revolving 
        fund'' means the account in which funds under section 
        236 and all funds from noncredit activities are held; 
        \320\
---------------------------------------------------------------------------
    \320\ Sec. 5(b)(1) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) struck out 
``and'' at this point.
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          (e) \319\ 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); \320\
          (f) \319\ 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); and \321\
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    \321\ Sec. 5(b)(2) and (3) of the Overseas Private Investment 
Corporation Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1950) 
struck out ``.'' and inserted in lieu thereof ``; and'', and added 
subsec. (g).
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    (g) \321\ the term ``local financial institution''--
          (1) means any bank or financial institution that is 
        organized under the laws of any country or area in 
        which the Corporation operates; but
          (2) does not include a branch, however organized, of 
        a bank or other financial institution that is organized 
        under the laws of a country in which the Corporation 
        does not operate.
    Sec. 239.\322\ 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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    \322\ 22 U.S.C. 2199. Added by sec. 105 of the FA Act of 1969 
(Public Law 91-175).
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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.\323\
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    \323\ Sec. 7(1) of Public Law 95-268 (92 Stat. 215) struck out a 
paragraph previously appearing in subsec. (b) that had directed OPIC to 
cease operating the programs authorized by sec. 234(b) through (e) and 
sec. 240.
    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.
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    (c) \324\ (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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    \324\ Sec. 11 of the OPIC Amendments Act of 1985 (Public Law 99-
204), amended and restated subsec. (c). It previously read as follows:
    ``(c) 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 \325\ 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 \325\ 
considers necessary.
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    \325\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public 
Law 108-271; 118 Stat. 814) redesignated the ``General Accounting 
Office'' as the ``Government Accountability Office'' and provided that 
``Any reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
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    (3) In lieu of the financial and compliance audit required 
by paragraph (2), the Government Accountability Office \325\ 
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 Government Accountability 
Office \325\ 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 Government Accountability Office.\325\
    (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; \326\ 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)); \327\ 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; \328\ 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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    \326\ 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;''.
    \327\ Sec. 7(2) of Public Law 95-268 (92 Stat. 215) inserted ``or 
participation certificates as evidence of indebtedness held by the 
Corporation in connection with settlement of claims under section 
237(i))''.
    \328\ Sec. 8(1) of the OPIC Amendments Act of 1981 (Public Law 97-
65; 95 Stat. 1024) inserted ``to collect or compromise any obligations 
assigned to or held by the Corporation, including any legal or 
equitable rights accruing to the Corporation;''.
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    (e) The Inspector General \329\ of the Agency for 
International Development (1) may conduct \330\ 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 \329\ 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 
\329\ in connection with his responsibilities under this 
subsection.
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    \329\ Sec. 8(2)(A) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1024) struck out ``Auditor-General'' and inserted in 
lieu thereof ``Inspector General''.
    \330\ Sec. 8(2)(B) of the OPIC Amendments Act of 1981 (Public Law 
97-65; 95 Stat. 1024) struck out ``shall have the responsibility for 
planning and directing the execution of audits,'' and inserted in lieu 
thereof ``may conduct''.
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    (f) \331\, \332\ 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,\333\ or any other East European country,\334\ or the 
People's Republic of China, or Pakistan \335\ 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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    \331\ 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.
    \332\ Sec. 104(b) of the FA Act of 1971 (Public Law 92-226) added 
subsec. (f), originally added as subsec. (g). Public Law 96-327 (94 
Stat. 1026) inserted ``the People's Republic of China''. 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) struck 
out ``Romania''.
    \333\ Sec. 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.
    \334\ 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''.
    \335\ 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) \331\, \336\ 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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    \336\ Sec. 2(5)(B) of the OPIC Amendments Act of 1974 (Public Law 
93-390) added subsec. (g), originally as subsec. (h). 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) \331\, \337\ 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.\338\
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    \337\ Sec. 7(3) of Public Law 95-268 (92 Stat. 215) added subsec. 
(h), originally as subsec. (i).
    \338\ 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) \331\, \339\ 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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    \339\ Sec. 8 of Public Law 95-268 (92 Stat. 216) added subsec. (i), 
originally as subsec. (l).
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    (j) \340\ 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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    \340\ 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) \340\ 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.\341\ Small Business Development.--(a) \342\ In 
General.--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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    \341\ 22 U.S.C. 2200. Sec. 9 of Public Law 95-268 (92 Stat. 216) 
added this new sec. 240. Previously, sec. 240 had concerned 
agricultural credit and self-help community development projects but 
had been repealed by the FA Act of 1974.
    \342\ Sec. 6(a)(1) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1951) struck out 
``The Corporation'' and inserted in lieu thereof ``(a) In General.--The 
Corporation''.
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    (b) \343\ Outreach to Minority-Owned and Women-Owned 
Businesses.--The Corporation shall collect data on the 
involvement of minority- and women-owned businesses in projects 
supported by the Corporation, including--
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    \343\ Sec. 6(a)(2) of the Overseas Private Investment Corporation 
Amendments Act of 2003 (Public Law 108-158; 117 Stat. 1951) added 
subsec. (b).
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          (1) the amount of insurance and financing provided by 
        the Corporation to such businesses in connection with 
        projects supported by the Corporation; and
          (2) to the extent such information is available, the 
        involvement of such businesses in procurement 
        activities conducted or supported by the Corporation.
The Corporation shall include, in its annual report submitted 
to the Congress under section 240A, the aggregate data 
collected under this paragraph, in such form as to quantify the 
effectiveness of the Corporation's outreach activities to 
minority- and women-owned businesses.
    Sec. 240A.\344\ Reports to the Congress.--(a) \345\ After 
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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    \344\ 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).
    \345\ Sec. 14(a)(1) of the OPIC Amendments Act (Public Law 99-204; 
99 Stat. 1674) inserted ``(a)'' before ``After''.
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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) \346\ (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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    \346\ Sec. 14(a)(2) of the OPIC Amendments Act (Public Law 99-204; 
99 Stat. 1674) added subsecs. (b) through (e).
    Previously, sec. 9(a)(2) of the OPIC Amendments Act of 1981 (Public 
Law 97-65; 95 Stat. 1024) struck out an earlier 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.
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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) \347\ 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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    \347\ Sec. 108 of the Jobs Through Exports Act of 1992 (Public Law 
102-549; 106 Stat. 3654) struck out the former para. (2), and inserted 
new paras. (2) and (3).
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  (3) \347\ 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) \348\ * * * [Repealed--1988]
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    \348\ 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), struck out subsec. (c). Originally added by 
sec. 14(a)(2) of the OPIC Amendments Act (Public Law 99-204; 99 Stat. 
1674), it 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),\349\ whether the 
        information was collected by the Corporation itself or 
        by a contractor; and
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    \349\ 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).\349\
    (e) \350\ 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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    \350\ 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) \350\ 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.\351\ PROHIBITION ON NONCOMPETITIVE AWARDING OF INSURANCE 
                    CONTRACTS ON OPIC SUPPORTED EXPORTS.

  (a) Requirement for Certification.--
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    \351\ 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. An earlier 
sec. 240B, struck out by sec. 15 of Public Law 99-204 (99 Stat. 1676), 
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 \352\

    Sec. 241.\353\ 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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    \352\ 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.
    \353\ 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 was 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 \354\ 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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    \354\ Sec. 903(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) struck out 
``$2,000,000'' and inserted in lieu thereof ``$3,000,000''.
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         TITLE VI--MICROENTERPRISE DEVELOPMENT ASSISTANCE \355\

                   Subtitle A--Grant Assistance \356\

SEC. 251.\357\ FINDINGS AND POLICY.

    Congress finds and declares the following:
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    \355\ Sec. 3 of the Microenterprise Results and Accountability Act 
of 2004 (Public Law 108-484; 118 Stat. 3922) added title VI, secs. 251 
through 255. A previous title VI, relating to the Alliance for 
Progress, was added by the Foreign Assistance Act of 1962 (Public Law 
87-565), and repealed by sec. 102(g)(1)(A) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 942).
    \356\ Sec. 4(c)(1) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) 
inserted subtitle heading.
    \357\ 22 U.S.C. 2211.
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          (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 services.
          (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.
          (5) Microenterprise programs have been successful and 
        should continue to empower vulnerable women in the 
        developing world. The Agency should work to ensure that 
        recipients of microenterprise and microfinance 
        development assistance under this title communicate and 
        work with nongovernmental organizations and government 
        organizations to identify and assist victims of 
        trafficking as provided for in section 106(a)(1) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7104(a)(1); Public Law 106-386) and women who are 
        victims of or susceptible to other forms of 
        exploitation and violence.
          (6) Given that microenterprise programs have been 
        successful in empowering disenfranchised groups such as 
        women, microenterprise programs should also target 
        populations disenfranchised due to race or ethnicity in 
        countries where a strong relationship between poverty 
        and race or ethnicity has been demonstrated, such as 
        countries in Latin America.

SEC. 252.\358\ AUTHORIZATION; IMPLEMENTATION; TARGETED ASSISTANCE.

    (a) Authorization.--The President is authorized to provide 
assistance on a non-reimbursable basis for programs in 
developing countries to increase the availability of credit, 
savings, and other services to microfinance and microenterprise 
clients lacking full access to capital, training, technical 
assistance, and business development services, through--
---------------------------------------------------------------------------
    \358\ 22 U.S.C. 2211a.
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          (1) assistance for the purpose of expanding the 
        availability of credit, savings, and other financial 
        and non-financial services to microfinance and 
        microenterprise clients;
          (2) assistance 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, to conduct 
        market analysis and product development for expanding 
        domestic and international sales, particularly to 
        United States markets, and to increase their income and 
        build their assets;
          (3) capacity-building for microfinance and 
        microenterprise institutions in order to enable them to 
        better meet the credit, savings, and training needs of 
        microfinance and microenterprise clients; and
          (4) policy, regulatory programs, and research at the 
        country level that improve the environment for 
        microfinance and microenterprise clients and 
        institutions that serve the poor and very poor.
    (b) Implementation.--
          (1) Office of microenterprise development.--There is 
        established within the Agency an office of 
        microenterprise development, which shall be headed by a 
        Director who shall be appointed by the Administrator 
        and who should possess technical expertise and ability 
        to offer leadership in the field of microenterprise 
        development.
          (2) Additional provisions.--
                  (A) Use of implementing partner 
                organizations.--Assistance under this section 
                shall emphasize the use of implementing partner 
                organizations that best meet the requirements 
                of subparagraph (C).
                  (B) Use of central funding mechanisms.--
                          (i) Program.--In order to ensure that 
                        assistance under this title is 
                        distributed effectively and 
                        efficiently, the office shall also seek 
                        to implement a program of central 
                        funding under which assistance is 
                        administered directly by the office, 
                        including through targeted core support 
                        for microfinance and microenterprise 
                        networks and other practitioners.
                          (ii) Funding.--Of the amount made 
                        available to carry out this subtitle 
                        for a fiscal year, not less than 
                        $25,000,000 should be made available to 
                        carry out clause (i).
                  (C) Efficiency and cost-effectiveness.--
                Assistance under this section shall meet high 
                standards of efficiency, cost-effectiveness, 
                and sustainability and shall especially provide 
                the greatest possible resources to the poor and 
                very poor. When administering assistance under 
                this section, the Administrator shall--
                          (i) take into consideration the 
                        percentage of funds a provider of 
                        assistance intends to expend on 
                        administrative costs;
                          (ii) take all appropriate steps to 
                        ensure that the provider of assistance 
                        keeps administrative costs as low as 
                        practicable to ensure the maximum 
                        amount of funds are used for directly 
                        assisting microfinance and 
                        microenterprise clients, for 
                        establishing sustainable microfinance 
                        and microenterprise institutions, or 
                        for advancing the microenterprise 
                        development field; and
                          (iii) give preference to proposals 
                        from providers of assistance that are 
                        the most technically competitive and 
                        have a reasonable allocation to 
                        overhead and administrative costs.
          (3) Approval of strategic plans.--With respect to 
        assistance provided under this section, the office 
        shall be responsible for concurring in the 
        microenterprise development components of strategic 
        plans of missions, bureaus, and other offices of the 
        Agency and providing technical support to field 
        missions to help the missions prepare such components.
    (c) Targeted Assistance.--In carrying out sustainable 
poverty-focused programs under subsection (a), 50 percent of 
all microenterprise resources shall be targeted to clients who 
are very poor. Specifically, until September 30, 2006, such 
resources shall be used for--
          (1) support of programs under this section through 
        practitioner institutions that--
                  (A) provide credit and other financial 
                services to clients who are very poor, with 
                loans in 1995 United States dollars of--
                          (i) $1,000 or less in the Europe and 
                        Eurasia region;
                          (ii) $400 or less in the Latin 
                        America region; and
                          (iii) $300 or less in the rest of the 
                        world; and
                  (B) can cover their costs in a reasonable 
                time period; or
          (2) 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 paragraph (1)(A)), 
        whether they are provided by microfinance institutions 
        or by specialized business development services 
        providers.

SEC. 253.\359\ MONITORING SYSTEM.

    (a) In General.--In order to maximize the sustainable 
development impact of assistance authorized under section 
252(a), the Administrator of the Agency, acting through the 
Director of the office, shall strengthen its monitoring system 
to meet the requirements of subsection (b).
---------------------------------------------------------------------------
    \359\ 22 U.S.C. 2211b.
---------------------------------------------------------------------------
    (b) Requirements.--The requirements referred to in 
subsection (a) are the following:
          (1) The monitoring system shall include performance 
        goals for the assistance and expresses such goals in an 
        objective and quantifiable form, to the extent 
        feasible.
          (2) The monitoring system shall include performance 
        indicators to be used in measuring or assessing the 
        achievement of the performance goals described in 
        paragraph (1) and the objectives of the assistance 
        authorized under section 252.
          (3) The monitoring system provides a basis for 
        recommendations for adjustments to the assistance to 
        enhance the sustainability and the impact of the 
        assistance, particularly the impact of such assistance 
        on the very poor, particularly poor women.
          (4) The monitoring system adopts the widespread use 
        of proven and effective poverty assessment tools to 
        successfully identify the very poor and ensure that 
        they receive adequate access to microenterprise loans, 
        savings, and assistance.

SEC. 254.\360\ DEVELOPMENT AND CERTIFICATION OF POVERTY MEASUREMENT 
                    METHODS; APPLICATION OF METHODS.

    (a) Development and Certification.--
          (1) In general.--The Administrator of the Agency, in 
        consultation with microenterprise institutions and 
        other appropriate organizations, shall develop no fewer 
        than two low-cost methods for implementing partner 
        organizations to use to assess the poverty levels of 
        their current incoming or prospective clients. The 
        Administrator shall develop poverty indicators that 
        correlate with the circumstances of the very poor.
---------------------------------------------------------------------------
    \360\ 22 U.S.C. 2211c.
---------------------------------------------------------------------------
          (2) Field testing.--The Administrator shall field-
        test the methods developed under paragraph (1). 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.
          (3) Certification.--Not later than April 1, 2005, the 
        Administrator shall, from among the low-cost poverty 
        measurement methods developed under paragraph (1), 
        certify no fewer than two such methods as approved 
        methods for measuring the poverty levels of current, 
        incoming, or prospective clients of microenterprise 
        institutions for purposes of assistance under section 
        252.
    (b) Application.--The Administrator shall require that, 
with reasonable exceptions, all implementing partner 
organizations applying for microenterprise assistance under 
this title use one of the certified methods, beginning not 
later than October 1, 2006, to determine and report the poverty 
levels of current, incoming, or prospective clients.

SEC. 255.\361\ ADDITIONAL AUTHORITIES.

    Notwithstanding any other provision of law, amounts made 
available for assistance for microenterprise development 
assistance under any provision of law other than this title may 
be provided to further the purposes of this title. To the 
extent assistance described in the preceding sentence is 
provided in accordance with such sentence, the Administrator of 
the Agency shall include, as part of the report required under 
section 258, a detailed description of such assistance and, to 
the extent applicable, the information required by paragraphs 
(1) through (11) of subsection (b) of such section with respect 
to such assistance.
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    \361\ 22 U.S.C. 2211d.
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                  Subtitle B--Credit Assistance \362\

SEC. 256.\363\ MICROENTERPRISE DEVELOPMENT CREDITS.

    (a) Findings and Policy.--Congress finds and declares 
that--
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    \362\ Sec. 4(c)(2) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) 
inserted subtitle heading.
    \363\ 22 U.S.C. 2212. Formerly at sec. 108 (22 U.S.C. 2151f), 
transferred and redesignated as sec. 256 by sec. 4(a) and (b) of the 
Microenterprise Results and Accountability Act of 2004 (Public Law 108-
484; 118 Stat. 3922). Other legislative references in this note, 
enacted prior to transfer and redesignation, refer to sec. 108.
    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.
    Sec. 4 of Public Law 108-31 (117 Stat. 775; 22 U.S.C. 2151f note), 
as amended, provided the following:
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``sec. 4. report to congress.

  ``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.''.

          (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 \364\ 
        in developing countries and to engage the United States 
        private sector in that process.
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    \364\ 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) \365\ 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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    \365\ Sec. 2(b) of Public Law 108-31 (117 Stat. 775) amended and 
restated subsec. (b). It formerly read as follows:
    ``(b) Program.--To carry out the policy set forth in subsection 
(a), the President is authorized to provide assistance to increase the 
availability of credit to micro- and small enterprises lacking full 
access to credit, including through--
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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 
\366\ shall establish criteria for determining which 
microfinance institutions \367\ described in subsection (b)(1) 
are eligible to carry out activities, with respect to 
microenterprise households,\368\ assisted under this section. 
Such criteria may include the following:
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    \366\ Sec. 4(c)(3)(A) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out ``Administrator of the agency primarily responsible for 
administering this part'' and inserted in lieu thereof ``Administrator 
of the Agency''.
    \367\ Sec. 2(c)(1)(A) of Public Law 108-31 (117 Stat. 775) struck 
out ``credit institutions'' and inserted in lieu thereof ``microfinance 
institutions''.
    \368\ 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 \369\ from the entity do not have access to 
        the local formal financial sector.
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    \369\ Sec. 2(c)(2) of Public Law 108-31 (117 Stat. 775) struck out 
``credit'' and inserted in lieu thereof ``financial services''.
---------------------------------------------------------------------------
          (2) The extent to which the recipients of financial 
        services \369\ 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 \370\ and may not be used to support 
programs not directly related to the purposes described in 
subsection (b).
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    \370\ 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 this part,\371\ there are 
        authorized to be available such sums as may be 
        necessary for each of the fiscal years 2005 through 
        2009 \372\ to carry out this section.\373\
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    \371\ Sec. 4(c)(3)(B)(i) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out ``section 131'' and inserted in lieu thereof ``this part''.
    \372\ Sec. 4(c)(3)(B)(ii) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out ``$1,500,000 for each of fiscal years 2001 through 2004'' and 
inserted in lieu thereof ``such sums as may be necessary for each of 
the fiscal years 2005 through 2009''.
    Previously, 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''.
    \373\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2178), provided the following:
---------------------------------------------------------------------------

``development credit authority

``(including transfer of funds)
---------------------------------------------------------------------------

    ``For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$21,000,000 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 
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, including the cost of 
modifying such direct and guaranteed loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That funds made available by this paragraph may be 
used for the cost of modifying any such guaranteed loans under this Act 
or prior Acts, and funds used for such costs shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
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: Provided further, That these funds are 
available to subsidize total loan principal, any portion of which is to 
be guaranteed, of up to $700,000,000.
    ``In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to and merged with 
the appropriation for Operating Expenses of the United States Agency 
for International Development: Provided, That funds made available 
under this heading shall remain available until September 30, 2008.''.
    Sec. 306 of H.R. 1486, as reported by the Committee on 
International Relations, May 9, 1997 (H.Rept. 105-94), sought to amend 
the Foreign Assistance Act of 1961 by adding a new sec. 107A to 
establish the President's authority to use development credit authority 
where recipients would otherwise not have access to such credit and 
that credit would be in keeping with U.S. development purposes. Sec. 
107A(d), as referred to in the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2005, would have provided the 
following, if enacted:
    ``(d) General Provisions Applicable to Development Credit 
Authority.--
---------------------------------------------------------------------------

  ``(1) Policy provisions.--In providing the credit assistance authorized 
by this section, the President should apply, as appropriate, the policy 
provisions in this part applicable to development assistance activities.

  ``(2) Default and procurement provisions.--

  ``(A) Default provision.--The provisions of section 620(q) of this Act, 
or any comparable provisions of law, shall not be construed to prohibit 
assistance to a country in the event that a private sector recipient of 
assistance furnished under this section is in default in its payment to the 
United States for the period specified in such section.

  ``(B) Procurement provision.--Assistance may be provided under this 
section without regard to section 604(a) of this Act.

  ``(3) Terms and conditions of credit assistance.--(A) Assistance provided 
under this section shall be offered on such terms and conditions, including 
fees charged, as the President may determine.

  ``(B) The principal amount of loans made or guaranteed under this section 
in any fiscal year, with respect to any single country or borrower, may not 
exceed $100,000,000.

  ``(C) No payment may be made under any guarantee issued under this 
section for any loss arising out of fraud or misrepresentation for which 
the party seeking payment is responsible.

  ``(4) Full faith and credit.--All guarantees issued under this section 
shall constitute obligations, in accordance with the terms of such 
guarantees, of the United States of America and the full faith and credit 
of the United States of America is hereby pledged for the full payment and 
performance of such obligations to the extent of the guarantee.

  ``(5) Co-financing and risk sharing.--

  ``(A) In general.--(i) Assistance provided under this section shall be in 
the form of co-financing or risk sharing.

  ``(ii) Credit assistance may not be provided to a borrower under this 
section unless the Administrator of the United States Agency for 
International Development determines that there are reasonable prospects of 
repayment by such borrower.

  ``(B) Additional requirement.--The investment or risk of the United 
States in any one development activity may not exceed 80 percent of the 
total outstanding investment or risk.

  ``(6) Eligible borrowers.--

  ``(A) In general.--In order to be eligible to receive credit assistance 
under this section, a borrower shall be sufficiently credit worthy so that 
the estimated costs (as defined in section 502 of the Federal Credit Reform 
Act of 1990) of the proposed credit assistance for the borrower does not 
exceed 30 percent of the principal amount of credit assistance to be 
received.

  ``(B) Additional requirement.--(i) In addition, with respect to the 
eligibility of foreign governments as an eligible borrowers under this 
section, the Administrator of the United States Agency for International 
Development shall make a determination that the additional debt of the 
government will not exceed the debt repayment capacity of the government.

  ``(ii) In making the determination under clause (i), the Administrator 
shall consult, as appropriate, with international financial institutions 
and other institutions or agencies that assess debt service capacity.

  ``(7) Assessment of credit risk.--(A) The Administrator of the United 
States Agency for International Development shall use the Interagency 
Country Risk Assessment System (ICRAS) and the methodology approved by the 
Office of Management and Budget to assess the cost of risk credit 
assistance provided under this section to foreign governments.

  ``(B) With respect to the provision of credit to nongovernmental 
organizations, the Administrator--

  ``(i) shall consult with appropriate private sector institutions, 
including the two largest United States private sector debt rating 
agencies, prior to establishing the risk assessment standards and 
methodologies to be used; and

  ``(ii) shall periodically consult with such institutions in reviewing the 
performance of such standards and methodologies.

  ``(C) In addition, if the anticipated share of financing attributable to 
public sector owned or controlled entities, including the United States 
Agency for International Development, exceeds 49 percent, the Administrator 
shall determine the cost (as defined in section 502(5) of the Federal 
Credit Reform Act of 1990) of such assistance by using the cost and risk 
assessment determinations of the private sector co-financing entities.

  ``(8) Use of united states technology, firms, and equipment.--Activities 
financed under this section shall, to the maximum extent practicable, use 
or employ United States technology, firms, and equipment.''.
---------------------------------------------------------------------------

    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
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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.

       Subtitle C--United States Microfinance Loan Facility \374\

SEC. 257.\375\ 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.
---------------------------------------------------------------------------
    \374\ Sec. 5(c)(1) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) added 
subtitle designation.
    \375\ 22 U.S.C. 2213. Added by sec. 107(a) of the Microenterprise 
for Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat. 
1086) as sec. 132 (22 U.S.C. 2152b). Transferred and redesignated as 
sec. 257 by sec. 5(a) and (b) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922).
    Sec. 107(b) of Public Law 106-309 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 2005 through 2009,\376\ 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.
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    \376\ Sec. 5(c)(2)(A) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out ``2001 and 2002'' and inserted in lieu thereof ``2005 through 
2009''.
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    (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) \377\ Funding.--
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    \377\ Sec. 5(c)(2)(C) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out subsec. (e), which had provided definitions applicable to the 
section.
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          (1) Allocation of funds.--Of the amounts made 
        available to carry out this part for each of the fiscal 
        years 2005 through 2009, such sums as may be necessary 
        \378\ may be made available for--
---------------------------------------------------------------------------
    \378\ Sec. 5(c)(2)(B) of the Microenterprise Results and 
Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) struck 
out ``this part for the fiscal year 2001, up to $5,000,000'' and 
inserted in lieu thereof ``this part for each of the fiscal years 2005 
through 2009, such sums as may be necessary''.
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                  (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.

               Subtitle D--Miscellaneous Provisions \379\

SEC. 258.\380\ REPORT.

    (a) In General.--Not later than June 30, 2006, and each 
June 30 thereafter, the Administrator of the Agency, acting 
through the Director of the office, shall submit to the 
appropriate congressional committees a report that contains a 
detailed description of the implementation of this title for 
the previous fiscal year.
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    \379\ Sec. 6 of the Microenterprise Results and Accountability Act 
of 2004 (Public Law 108-484; 118 Stat. 3922) added subtitle D, secs. 
258 and 259.
    \380\ 22 U.S.C. 2214.
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    (b) Contents.--The report shall contain the following:
          (1) The number of grants, cooperative agreements, 
        contracts, contributions, or other form of assistance 
        provided under section 252, with a listing of--
                  (A) the amount of each grant, cooperative 
                agreement, contract, contribution, or other 
                form of assistance;
                  (B) the name of each recipient and each 
                developing country with respect to which 
                projects or activities under the grant, 
                cooperative agreement, contract, contribution, 
                or other form of assistance were carried out; 
                and
                  (C) a listing of the number of countries 
                receiving assistance authorized by section 252.
          (2) The results of the monitoring system required 
        under section 253.
          (3) The process of developing and applying poverty 
        assessment procedures required under section 254.
          (4) The percentage of assistance furnished under 
        section 252 that was allocated to the very poor based 
        on the data collected using the certified methods 
        required by section 254.
          (5) The estimated number of the very poor reached 
        with assistance provided under section 252.
          (6) The amount of assistance provided under section 
        252 through central mechanisms.
          (7) The name of each country that receives assistance 
        under section 256 and the amount of such assistance.
          (8) Information on the efforts of the Agency to 
        ensure that recipients of United States microenterprise 
        and microfinance development assistance work closely 
        with nongovernmental organizations and foreign 
        governments to identify and assist victims or potential 
        victims of severe forms of trafficking in persons and 
        women who are victims of or susceptible to other forms 
        of exploitation and violence.
          (9) Any additional information relating to the 
        provision of assistance authorized by this title, 
        including the use of the poverty measurement tools 
        required by section 254, or additional information on 
        assistance provided by the United States to support 
        microenterprise development under this title or any 
        other provision of law.
          (10) An estimate of the percentage of beneficiaries 
        of assistance under this title in countries where a 
        strong relationship between poverty and race or 
        ethnicity has been demonstrated.
          (11) The level of funding provided through contracts, 
        the level of funding provided through grants, 
        contracts, and cooperative agreements that is estimated 
        to be subgranted or subcontracted, as the case may be, 
        to direct service providers, and an analysis of the 
        comparative cost-effectiveness and sustainability of 
        projects carried out under these mechanisms.
    (c) Availability to Public.--The report required by this 
section shall be made available to the public on the Internet 
website of the Agency.

SEC. 259.\381\ DEFINITIONS.

    In this title:
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    \381\ 22 U.S.C. 2214a.
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          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the Agency.
          (2) Agency.--The term ``Agency'' means the United 
        States Agency for International Development.
          (3) 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.
          (4) 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 related services.
          (5) Director.--The term ``Director'' means the 
        Director of the office.
          (6) Implementing partner organization.--The term 
        ``implementing partner organization'' means an entity 
        eligible to receive assistance under this title which 
        is--
                  (A) a United States or an indigenous private 
                voluntary organization;
                  (B) a United States or an indigenous credit 
                union;
                  (C) a United States or an indigenous 
                cooperative organization;
                  (D) an indigenous governmental or 
                nongovernmental organization;
                  (E) a microenterprise institution;
                  (F) a microfinance institution; or
                  (G) a practitioner institution.
          (7) Microenterprise institution.--The term 
        ``microenterprise institution'' means a not-for-profit 
        entity that provides services, including microfinance, 
        training, or business development services, for 
        microenterprise clients in foreign countries.
          (8) Microfinance institution.--The term 
        ``microfinance institution'' means a not-for-profit 
        entity or a regulated financial intermediary that 
        directly provides, or works to expand, the availability 
        of credit, savings, and other financial services to 
        microfinance and microenterprise clients in foreign 
        countries.
          (9) Microfinance network.--The term ``microfinance 
        network'' means an affiliated group of practitioner 
        institutions that provides services to its members, 
        including financing, technical assistance, and 
        accreditation, for the purpose of promoting the 
        financial sustainability and societal impact of 
        microenterprise assistance.
          (10) Office.--The term ``office'' means the office of 
        microenterprise development established under section 
        252(b)(1).
          (11) Practitioner institution.--The term 
        ``practitioner institution'' means a not-for-profit 
        entity or a regulated financial intermediary, including 
        a microfinance network, that provides services, 
        including microfinance, training, or business 
        development services, for microfinance and 
        microenterprise clients, or provides assistance to 
        microenterprise institutions in foreign countries.
          (12) Private voluntary organization.--The term 
        ``private voluntary organization'' means a not-for-
        profit entity that--
                  (A) engages in and supports activities of an 
                economic or social development or humanitarian 
                nature for citizens in foreign countries; and
                  (B) is incorporated as such under the laws of 
                the United States, including any of its states, 
                territories or the District of Columbia, or of 
                a foreign country.
          (13) United states-supported microfinance 
        institution.--The term ``United States-supported 
        microfinance institution'' means a financial 
        intermediary that has received funds made available 
        under this part for fiscal year 1980 or any subsequent 
        fiscal year.
          (14) Very poor.--The term ``very poor'' means those 
        individuals--
                  (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 (as calculated using the purchasing 
                power parity (PPP) exchange rate method).

     Title VII--Evaluation of Programs \382\ * * * [Repealed--1978]

Title VIII--Southeast Asia Multilateral and Regional Programs \383\ * * 
                           * [Repealed--1978]

 Title IX--Utilization of Democratic Institutions in Development \384\

    Sec. 281.\385\ Utilization of Democratic Institutions in 
Development.--(a) \386\ In carrying out programs authorized in 
this chapter and chapter 1,\387\ 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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    \382\ Title VII, as added by the FA Act of 1963 (Public Law 88-
205), 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).
    \383\ Title VIII, as added by the FA Act of 1966 (Public Law 89-
583), was repealed by sec. 102(g)(1)(A) of the International 
Development and Food Assistance Act of 1978 (92 Stat. 942).
    \384\ Sec. 106 of the FA Act of 1966 (Public Law 89-583) added 
title IX.
    \385\ 22 U.S.C. 2218. Sec. 106 of the FA Act of 1966 (Public Law 
89-583) added sec. 281.
    \386\ Sec. 108 of the FA Act of 1967 (Public Law 90-137) inserted 
subsec. designation ``(a)'' and added subsecs. (b), (c) and (d).
    \387\ Sec. 102(g)(2)(A) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) inserted ``and 
chapter 1''.
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    (b) \386\ In order to carry out the purposes of this title, 
programs under this chapter and chapter 1 \387\ 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) \386\ In the allocation of funds for research under 
this chapter and chapter 1,\387\ 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.\388\
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    \388\ Sec. 106(a) of the FA Act of 1968 (Public Law 90-554) added 
the last sentence.
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    (d) \386\ 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) \389\ 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 \387\ may be used for carrying out 
the objectives of this subsection.
---------------------------------------------------------------------------
    \389\ Sec. 106(b) of the FA Act of 1968 (Public Law 90-554) added 
subsec. (e).
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Title X--Programs Relating to Population Growth \390\ * * * [Repealed--
                                 1978]

 Title XI--Food Production Targets and Reports \391\ * * * [Repealed--
                                 1978]

       Title XII--Famine Prevention and Freedom From Hunger \392\

    Sec. 296.\392\ General Provisions.--(a) \393\ 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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    \390\ 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).
    \391\ 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).
    \392\ 22 U.S.C. 2220a. Sec. 312 of Public Law 94-161 (89 Stat. 849) 
added title XII and new sec. 296.
    \393\ 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) \394\ 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; \395\
---------------------------------------------------------------------------
    \394\ 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;''
---------------------------------------------------------------------------

and
---------------------------------------------------------------------------

    ``(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.''.
    \395\ Sec. 2(a)(2)(B) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1427) 
struck out ``in this country'' and inserted in lieu thereof ``with and 
through the private sector in this country and to understanding 
processes of economic development''.
---------------------------------------------------------------------------
          (B) \396\ 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;
---------------------------------------------------------------------------
    \396\ 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) \397\ 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;
---------------------------------------------------------------------------
    \397\ Sec. 2(a)(2)(D) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) 
amended and restated subpara. (C). It formerly read as follows:
    ``(C) that, in a world of growing population with rising 
expectations, increased food production and improved distribution, 
storage, and marketing in the developing countries is necessary not 
only to prevent hunger but to build the economic base for growth, and 
moreover, that the greatest potential for increasing world food 
supplies is in the developing countries where the gap between food need 
and food supply is the greatest and current yields are lowest;''.
---------------------------------------------------------------------------
          (D) \394\ that increasing and making more secure the 
        supply of food is of greatest benefit to the poorest 
        majority in the developing world;
          (E) \398\ 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;
---------------------------------------------------------------------------
    \398\ Sec. 2(a)(2)(H) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) 
added subparas. (E) and (F).
---------------------------------------------------------------------------
          (F) \398\ 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) \399\ 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; \400\
---------------------------------------------------------------------------
    \399\ 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).
    \400\ Sec. 2(a)(2)(I) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1428) 
struck out ``in the United States'' and inserted in lieu thereof ``and 
the broader economy of the United States''.
---------------------------------------------------------------------------
          (H) \401\ 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
---------------------------------------------------------------------------
    \401\ 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) \401\ 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) \402\ 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--
---------------------------------------------------------------------------
    \402\ 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); \403\
---------------------------------------------------------------------------
    \403\ 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 \404\ to 
        participate and advise in the planning, development, 
        implementation, and administration of each component; 
        \404\
---------------------------------------------------------------------------
    \404\ 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 \405\ in cooperative joint 
        efforts with--
---------------------------------------------------------------------------
    \405\ Sec. 2(c)(3)(A) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) 
inserted ``and public and private partners of universities'' after 
``such universities''.
---------------------------------------------------------------------------
                  (A) agricultural institutions in developing 
                nations; \406\
---------------------------------------------------------------------------
    \406\ Sec. 2(c)(3)(B) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) 
struck out ``, and'' and inserted in lieu thereof a semicolon.
---------------------------------------------------------------------------
                  (B) regional and international agricultural 
                research centers; \407\
---------------------------------------------------------------------------
    \407\ Sec. 2(c)(3)(C) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) 
replaced a comma with a semicolon. Sec. 2(c)(3)(D) of that Act struck 
out a phrase following subpara. (B), which had read as follows:
    ``directed to strengthening their joint and respective capabilities 
and to engage them more effectively in research, teaching, and 
extension activities for solving problems in food production, 
distribution, storage, marketing, and consumption in agriculturally 
underdeveloped nations.''.
---------------------------------------------------------------------------
                  (C) \408\ multilateral banks and agencies 
                receiving United States funds;
---------------------------------------------------------------------------
    \408\ Sec. 2(c)(2)(E) of the Famine Prevention and Freedom From 
Hunger Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1429) 
added subparas. (C), (D), and (E).
---------------------------------------------------------------------------
                  (D) \408\ development agencies of other 
                countries; and
                  (E) \408\ United States Government foreign 
                assistance and economic cooperation programs;
          (4) \409\ 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
---------------------------------------------------------------------------
    \409\ Sec. 2(c)(4) of the Famine Prevention and Freedom From Hunger 
Improvement Act of 2000 (Public Law 106-373; 114 Stat. 1430) added 
paras. (4) and (5).
---------------------------------------------------------------------------
          (5) \409\ 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); 
\410\ and other United States colleges and universities which--
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    \410\ 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) \411\ activities in 
        the agricultural sciences; and
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    \411\ 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 \412\ Agency for 
International Development.\413\
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    \412\ 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''.
    \413\ 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) \414\ 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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    \414\ 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) \415\ 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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    \415\ 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) \416\ 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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    \416\ 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.\417\ 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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    \417\ 22 U.S.C. 2220b. Added by sec. 312 of Public Law 94-161 (89 
Stat. 849).
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          (1) \418\ to implement program components through 
        United States universities as authorized by paragraphs 
        (2) through (5) of this subsection;
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    \418\ 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) \419\ 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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    \419\ 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 \420\ universities more 
        fully in the international network of agricultural 
        science, including the international agricultural \421\ 
        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; \422\ and
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    \420\ 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''.
    \421\ 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''.
    \422\ 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 \423\ in--
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    \423\ 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,\424\ and 
                related subjects will be made available 
                directly to agriculturalists \425\ in the 
                agriculturally developing nations by means of 
                education and demonstration; or
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    \424\ 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''.
    \425\ 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,\426\ 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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    \426\ 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.\427\
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    \427\ 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) \428\ To the maximum extent practicable, activities 
under this section shall--
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    \428\ Sec. 113(2) of the International Development Cooperation Act 
of 1979 (Public Law 96-53; 93 Stat. 364) amended and restated subsec. 
(c). 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) \429\ focus primarily on the needs of 
        agricultural producers, rural families, processors, 
        traders, consumers, and natural resources managers;
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    \429\ 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) \430\ be carried out within the developing 
        countries and transition countries comprising newly 
        emerging democracies and newly liberalized economies; 
        and
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    \430\ 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.\431\
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    \431\ 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) \432\ 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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    \432\ 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.\433\ 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.\434\
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    \433\ 22 U.S.C. 2220c. Sec. 312 of Public Law 94-161 (89 Stat. 849) 
added sec. 298.
    \434\ 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) \435\ 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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    \435\ 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,
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    the activities described in section 297 of this title.''.
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    (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; \436\
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    \436\ 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 \437\ 
                sciences,
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    \437\ 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 \438\ participating in 
        programs under this title;
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    \438\ 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 \439\ to assure compliance with the 
        purposes of this title;
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    \439\ 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) \440\ recommending to the Administrator the 
        apportionment of funds under section 297 of this title; 
        \441\
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    \440\ 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).
    \441\ 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 \442\ 
        Performance and Results Act of 1993 (Public Law 103-62; 
        107 Stat. 285), and the amendments made by that Act; 
        \443\
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    \442\ As enrolled. Should read ``Government''.
    \443\ 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) \444\ 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;
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    \444\ 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) \444\ investigating and resolving issues 
        concerning implementation of this title as requested by 
        universities; and
          (10) \444\ 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 \445\ Committee to participate in 
        the design \446\ and development of the collaborative 
        activities described in section 297; \447\ and
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    \445\ 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''.
    \446\ 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''.
    \447\ 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 \448\ which shall 
        assist in and advise on the mechanisms and processes 
        for implementation of activities described in section 
        297.\449\
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    \448\ 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''.
    \449\ 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.\450\ 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) 
\451\ of this Act.
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    \450\ 22 U.S.C. 2220d. Sec. 312 of Public Law 94-161 (89 Stat. 849) 
added sec. 299.
    \451\ Sec. 102(c)(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) struck out 
``110(b), 211(a), and 211(d)'' and inserted in lieu thereof ``110(b) 
and 122(d)''.
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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.\452\
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    \452\ 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.\453\ Annual Report.--The President shall transmit 
to the Congress, not later than September 1 \454\ 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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    \453\ 22 U.S.C. 2220e. Sec. 312 of Public Law 94-161 (89 Stat. 849) 
added sec. 300.
    \454\ 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.\455\ 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),\456\ on such terms 
and conditions as he may determine, in order to further the 
purposes of this part.
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    \455\ 22 U.S.C. 2221.
    \456\ Sec. 107(a) of the FA Act of 1966 (Public Law 89-583) 
inserted ``, 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 sec. 
201(d)''. Sec. 102(b)(2)(A) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 941) struck out 
``sec. 201(d)'' and inserted in lieu thereof ``sec. 122(b)''.
---------------------------------------------------------------------------
    (b) \457\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \457\ 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) \458\ 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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    \458\ Subsec. (c) was amended by sec. 108(a) of the FA Act of 1969 
(Public Law 91-175). 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:
---------------------------------------------------------------------------

``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) \459\ 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.\460\
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    \459\ Sec. 110(a) of the FA Act of 1967 (Public Law 90-137) added 
subsec. (d).
    \460\ Sec. 701(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156) added this 
sentence.
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    (e) \461\ (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 
\462\ of appropriate size for the purpose of providing an 
independent and continuous program of selective examinations, 
review, evaluation, and audits \463\ of the programs and 
activities of such organizations. Such proposal shall provide 
that such groups \462\ shall be established in accordance with 
such terms of reference as such governing authority may 
prescribe and that the reports of such groups \462\ on each 
examination, review, evaluation or audits \463\ 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.\462\
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    \461\ Sec. 9(1) of the FA Act of 1973 (Public Law 93-189) added 
subsec. (e).
    \462\ 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).
    \463\ 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 \463\ 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 \463\ 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) \464\ * * * [Repealed--1981]
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    \464\ Para. (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). Para. (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) \465\ 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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    \465\ Sec. 313(c) of Public Law 94-161 (89 Stat. 849) added subsec. 
(f).
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    (g) \466\ 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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    \466\ Sec. 117(d) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) added subsec. 
(g).
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    (h) \467\ 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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    \467\ Sec. 311(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) added 
subsec. (h).
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    Sec. 302.\468\ 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 \469\ 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--
---------------------------------------------------------------------------
    \468\ 22 U.S.C. 2222.
    \469\ Sec. 404 of Public Law 99-529 (100 Stat. 3010) struck out 
``$275,000,000 for fiscal year 1987'' and inserted in lieu thereof 
``$236,084,000 for fiscal year 1987''.
    Sec. 402(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 190) inserted the 
initial authorization figures and earmarkings for fiscal years 1986 and 
1987.
    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 years 2002 through 2006--
no authorization.
    Congress did not enact an authorization for fiscal year 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), waived the requirements 
for authorization, and title IV of that Act (119 Stat. 2194) provided 
the following:
---------------------------------------------------------------------------

``international organizations and programs
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $329,458,000: 
Provided, That none of the funds appropriated under this heading may be 
made available to the International Atomic Energy Agency (IAEA).''.
    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. 560, relating to 
contributions to the U.N. Population Fund; sec. 570, relating to trade 
capacity building; and sec. 596, relating to allocation of 
appropriations according to stipulations in the conference report (H. 
Rept. 109-265, November 2, 2005) accompanying Public Law 109-102 (for 
allocation of International Organizations and Programs funding, see p. 
105).
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
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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.\470\
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    \470\ 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) \471\ 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.
---------------------------------------------------------------------------
    \471\ Sec. 313(a)(1)(C) of Public Law 94-161 (89 Stat. 849) added 
para. (2).
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    (3) \472\ * * * [Repealed--1981]
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    \472\ Sec. 734(a) of the International Security and Development 
Cooperation Act 1981 (Public Law 97-113; 95 Stat. 1560) repealed para. 
(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.
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    (b)(1) \473\ 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.\474\ Such 
amounts are authorized to remain available until expended.
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    \473\ Sec. 108(c) of the FA Act of 1969 (Public Law 91-175) 
inserted para. designation ``(1)'' and para. (2).
    \474\ Sec. 313(a)(2) of Public Law 94-161 (89 Stat. 849) struck out 
``$51,220,000'' and inserted in lieu thereof ``$61,220,000''.
    The FA Appropriations Act, 1976, provided the following: ``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) \473\ 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,\475\ and for use in the fiscal 
year 1975, $14,500,000,\475\ and for use beginning in the 
fiscal year 1976, $27,000,000,\476\ 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.\477\
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    \475\ Sec. 9(3) of the FA Act of 1973 (Public Law 93-189) struck 
out ``for use in the fiscal year 1972, $15,000,000, and for use in the 
fiscal year 1973, $15,000,000'' and inserted in lieu thereof ``for use 
in the fiscal year 1974, $14,500,000, and for use in the fiscal year 
1975, $14,500,000,''.
    \476\ Sec. 313(a)(3) of Public Law 94-161 (89 Stat. 849) inserted 
``and for use beginning in the fiscal year 1976, $27,000,000''.
    The FA Appropriations Act, 1977, provided the following: ``For 
necessary expenses to carry out the provisions of section 302(b)(2), 
$15,750,000.''.
    \477\ Sec. 107(b)(2) of the FA Act of 1971 (Public Law 92-226) 
added the last sentence.
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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) \478\ * * * [Repealed--1978]
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    \478\ Sec. 604 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed subsecs. (d), 
(e), (f), (g), and (h).
---------------------------------------------------------------------------
    (i) \479\ 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.\480\ Amounts appropriated under this subsection are 
authorized to remain available until expended.
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    \479\ Sec. 505 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-392) added subsec. (i).
    \480\ 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) \481\ 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--
---------------------------------------------------------------------------
    \481\ Sec. 4107 of Public Law 100-690 (102 Stat. 4266) added 
subsec. (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) \482\ 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 \483\ to be available only for United 
States contributions to the Vaccine Fund.\484\
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    \482\ 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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    \483\ 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''.
    \484\ 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) \482\ 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 \485\ to be available only for United 
States contributions to the International AIDS Vaccine 
Initiative.
---------------------------------------------------------------------------
    \485\ 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) \486\ 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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    \486\ 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.\487\ 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),\488\ 
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.
---------------------------------------------------------------------------
    \487\ 22 U.S.C. 2223.
    \488\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-B.
---------------------------------------------------------------------------
    Sec. 304.\489\ United Nations Peacekeeping. * * * 
[Repealed--1978]
---------------------------------------------------------------------------
    \489\ Sec. 304, as added by the FA Act of 1967 (Public Law 90-137), 
was repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
    Sec. 305.\490\ 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.\491\
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    \491\ 22 U.S.C. 2225. Sec. 305 was added by sec. 54 of the FA Act 
of 1974 (Public Law 93-559), 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.
    \491\ Sec. 118(b) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 540) added this 
sentence.
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    Sec. 306.\492\ 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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    \492\ 22 U.S.C. 2226. Sec. 703 of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3157) 
added sec. 306. 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 struck 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.\493\ 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,\494\ North Korea, Syria,\495\ 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,\496\ 
 or  at  the  discretion  of  the President, Communist 
countries listed in section 620(f) of this Act.\497\
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    \493\ 22 U.S.C. 2227. Sec. 403 of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 219) 
added sec. 307.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2201, 2215), 
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, 2007.
---------------------------------------------------------------------------

* * * * * * *

``limitation on assistance for the plo for the west bank and gaza
---------------------------------------------------------------------------

    ``Sec. 544. 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.''.
    \494\ Sec. 2101 of the Emergency Supplemental Appropriations Act 
for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public 
Law 109-13; 119 Stat. 266) struck out ``Iraq''.
    \495\ 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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    \496\ 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, 2005 (division D of Public Law 108-447); 
see secs. 534(d), 544, 547, and 550. See also sec. 555, restricting aid 
unless the Secretary of State certifies that certain conditions have 
been met pertaining to Palestinian statehood, sec. 558, prohibiting 
assistance to the Palestinian Broadcasting Corporation, and sec. 559, 
as amended by sec. 2103 of Public Law 109-13 (119 Stat. 266), West Bank 
and Gaza Program.
    On December 5, 1997, the President waived the provisions of sec. 
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); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004 
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R. 
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005 
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R. 
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; April 14, 2005; 70 F.R. 21611); and through April 14, 2006 
(Presidential Determination No. 2006-01; October 14, 2005; 70 F.R. 
62225).
    \497\ 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.''.
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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) \498\ (1) Subject to paragraph (2), the limitations 
\499\ 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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    \498\ 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).
    \499\ 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 2005, vol. II.
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    (2) \499\ (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) \500\ (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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    \500\ 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 \501\ [Repealed--1972]

                     Chapter 5--Contingencies \502\

    Sec. 451.\503\ Contingencies.\502\--(a) \504\ (1) 
Notwithstanding any other provision of law, the President is 
authorized to use \505\ 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,\506\ 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.\507\
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    \501\ Sec. 202(b) of the FA Act of 1971 (Public Law 92-226) 
repealed chapter 4 of part I. This subject matter is now covered under 
chapter 4 of part II of this Act, Economic Support Fund.
    \502\ 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''.
    \503\ 22 U.S.C. 2261. Sec. 28(c) of the FA Act of 1974 (Public Law 
93-559) amended and restated sec. 451. 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).''.
    In Department of State Public Notice 5192 of September 10, 2005 (70 
F.R. 55657), the Secretary of State authorized ``notwithstanding any 
other provision of law, the use of up to $2,561,508 in fiscal year 2004 
funds made available under chapter 3 of part I of the Act, up to 
$6,938,492 in FY 2004 and FY 2005 funds made available under chapter 4 
of part II of the Act, and up to $500,000 in FY 2005 funds made 
available under chapter 9 of part II of the Act, in order to provide 
assistance authorized by part I of the Act for a contribution to the 
United Nations Democracy Fund. This Determination supersedes and 
replaces the Determination of July 27, 2005, on Provision of Assistance 
to United Nations Democracy Fund.''.
    \504\ Sec. 2 of the International Security Assistance Act of 1979 
(Public Law 96-92; 93 Stat. 701) amended and restated subsec. (a).
    \505\ 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.
    \506\ 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''.
    \507\ 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.''.
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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) \508\ * * * [Repealed--1981]
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    \508\ Sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
subsec. (b), which had required a quarterly report from the President 
concerning the programing and obligation of funds under this section.
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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.\509\
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    \509\ 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 
                                 \510\

    Sec. 461.\510\, \511\ Statement of Policy.--(a) 
The Congress finds that--
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    \510\ Sec. 604 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed chapter 6, as 
enacted in the Foreign Assistance Act of 1961, titled: ``Assistance to 
Countries Having Agrarian Economies''. Sec. 701 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 234) added a new chapter 6 (sec. 461 through 466).
    \511\ 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.\510\, \512\ 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.
---------------------------------------------------------------------------
    \512\ 22 U.S.C. 2272.
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    Sec. 463.\510\, \513\ Peace Process in Central 
America.--The Congress--
---------------------------------------------------------------------------
    \513\ 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.\510\, \514\ 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.
---------------------------------------------------------------------------
    \514\ 22 U.S.C. 2274.
---------------------------------------------------------------------------
    (b) It is the sense of the Congress that--
          (1) the President should enter into negotiations with 
        the countries of Central America to establish a Central 
        American Development Organization (hereafter in this 
        section referred to as the ``Organization'') to help 
        provide a continuous and coherent approach to the 
        development of the Central American region; and
          (2) the establishment of the Organization should be 
        based upon the following principles:
                  (A) Participation in the Organization should 
                be open to the United States, other donors, and 
                those Central American countries that commit 
                themselves to, among other things, respecting 
                internationally recognized human rights, 
                building democracy, and encouraging equitable 
                economic growth through policy reforms.
                  (B) The Organization should be structured to 
                include representatives from both the public 
                and private sectors, including representatives 
                from the labor, agriculture, and business 
                communities.
                  (C) The Organization should meet periodically 
                to carry out the functions described in 
                subparagraphs (D) and (E) of this paragraph and 
                should be supported by a limited professional 
                secretariat.
                  (D) The Organization should make 
                recommendations affecting Central American 
                countries on such matters as--
                          (i) political, economic, and social 
                        development objectives, including the 
                        strengthening of democratic pluralism 
                        and the safeguarding of internationally 
                        recognized human rights;
                          (ii) mobilization of resources and 
                        external assistance needs; and
                          (iii) reform of economic policies and 
                        structures.
                  (E) The Organization should have the capacity 
                for monitoring country performance on 
                recommendations issued in accordance with 
                subparagraph (D) of this paragraph and for 
                evaluating progress toward meeting such country 
                objectives.
                  (F) To the maximum extent practicable, the 
                United States should follow the recommendations 
                of the Organization in disbursing bilateral 
                economic assistance for any Central American 
                country. No more than 75 percent of such United 
                States assistance in any fiscal year should be 
                disbursed until the recommendations of the 
                Organization for that fiscal year have been 
                made final and communicated to the donor 
                countries. The limitation on disbursements 
                contained in the preceding sentence should 
                apply only to recommendations made final and 
                communicated to donor countries prior to the 
                fourth quarter of such fiscal year. The United 
                States representative to the Organization 
                should urge other donor countries to similarly 
                implement the recommendations of the 
                Organization.
                  (G) The administrator of the agency primarily 
                responsible for administering part I of this 
                Act, or his designee, should represent the 
                United States Government in the Organization 
                and should carry out his functions in that 
                capacity under the continuous supervision and 
                general direction of the Secretary of State.
    (c) Subject to subsection (d)(2), the President is 
authorized to participate in the Organization.
    (d)(1) The administrator of the agency primarily 
responsible for administering part I of this Act, under the 
supervision and direction of the Secretary of State, shall 
prepare a detailed proposal to carry out this section and shall 
keep the Committee on Foreign Affairs \515\ 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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    \515\ 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 \515\ 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.\510\, \516\ 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.
---------------------------------------------------------------------------
    \516\ 22 U.S.C. 2275.
---------------------------------------------------------------------------
    (b) For the purpose of providing the assistance described 
in subsection (a), funds appropriated pursuant to the 
authorizations in that subsection may be transferred by the 
President for obligation in accordance with the authorities of 
part I of this Act (including chapter 4 of part II), the Peace 
Corps Act, the Migration and Refugee Assistance Act of 1962, 
the United States Information and Education Exchange Act of 
1948, the Mutual Educational and Cultural Exchange Act of 1961, 
the National Endowment for Democracy Act, and the State 
Department Basic Authorities Act of 1956.
    Sec. 466.\510\, \517\ 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.
---------------------------------------------------------------------------
    \517\ 22 U.S.C. 2276.
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               Chapter 7--Debt-For-Nature Exchanges \518\

    Sec. 461.\519\ 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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    \518\ Sec. 604 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed chapter 7, as 
enacted in the Foreign Assistance Act of 1966 (Public Law 89-583), 
titled: ``Joint Commissions on Rural Development''. A new chapter 7 was 
added by sec. 711 of the International Development and Finance Act of 
1989 (Public Law 101-240; 103 Stat. 2521).
    \519\ 22 U.S.C. 2281. All sections in chapter 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, 2006 (Public Law 109-102; 119 Stat. 2206), provided 
the following:
---------------------------------------------------------------------------

``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, subject to the regular notification 
procedures of the Committees on Appropriations, any interest earned on 
such investment shall be used for the purpose for which the assistance 
was provided to that organization.''.
    See also in that Act, sec. 566, relating to authority to engage in 
debt buybacks or sales.
---------------------------------------------------------------------------
          (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); \520\ or
---------------------------------------------------------------------------
    \520\ All sections in chapter 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.\521\ 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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    \521\ 22 U.S.C. 2282. All sections in chapter 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 472''.
---------------------------------------------------------------------------
    (b) Notwithstanding any other provision of law, a grantee 
(or any subgrantee) of the grants referred to in subsection (a) 
may retain, without deposit in the Treasury of the United 
States and without further appropriation by Congress, interest 
earned on the proceeds of any resulting debt-for-nature 
exchange pending the disbursements of such proceeds and 
interest for approved program purposes, which may include the 
establishment of an endowment, the income of which is used for 
such purposes.
    Sec. 463.\522\ 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:
---------------------------------------------------------------------------
    \522\ 22 U.S.C. 2283. All sections in chapter 7 are misnumbered, as 
enacted by the International Development and Finance Act of 1989 
(Public Law 101-240; 103 Stat. 2521). Should read ``Sec. 473''.
---------------------------------------------------------------------------
          (1) restoration, protection, or sustainable use of 
        the world's oceans and atmosphere;
          (2) restoration, protection, or sustainable use of 
        diverse animal and plant species;
          (3) establishment, restoration, protection, and 
        maintenance of parks and reserves;
          (4) development and implementation of sound systems 
        of natural resource management;
          (5) development and support of local conservation 
        programs;
          (6) training programs to strengthen conservation 
        institutions and increase scientific, technical, and 
        managerial capabilities of individuals and 
        organizations involved in conservation efforts;
          (7) efforts to generate knowledge, increase 
        understanding, and enhance public commitment to 
        conservation;
          (8) design and implementation of sound programs of 
        land and ecosystem management; and
          (9) promotion of regenerative approaches in farming, 
        forestry, fishing, and watershed management.
  (b)(1) In cooperation with nongovernmental organizations, the 
Administrator of the Agency for International Development shall 
seek to identify those areas, which because of an imminent 
threat, are in particular need of immediate attention to 
prevent the loss of unique biological life or valuable 
ecosystem.
  (2) The Administrator of the Agency for International 
Development shall encourage as many eligible countries as 
possible to propose such exchanges with the purpose of 
demonstrating to a large number of governments the feasibility 
and benefits of sustainable development.
  Sec. 464.\523\ 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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    \523\ 22 U.S.C. 2284. All sections in chapter 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''.
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          (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.\524\ Terms and Conditions.--(a) The terms and 
conditions for making grants under this chapter shall be deemed 
to be fulfilled upon final approval by the Administrator of the 
Agency for International Development of the debt-for-nature 
exchange, a certification by the nongovernmental organization 
that the host government has accepted the terms of the 
exchange, and that an agreement has been reached to cancel the 
commercial debt in an agreed upon fashion.
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    \524\ 22 U.S.C. 2285. All sections in chapter 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.\525\ 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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    \525\ 22 U.S.C. 2286. All sections in chapter 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''.
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  (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 \526\

SEC. 481.\527\ POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN 
                    POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.

    (a) Policy and General Authorities.--
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    \526\ Sec. 109 of the FA Act of 1971 (Public Law 92-226) added 
chapter 8. See other legislation on international narcotics control in 
Legislation on Foreign Relations Through 2005, 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).
    \527\ 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 subpara. (E) as (F), 
and inserting a new subpara. (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 subsec. (a), and restated these through subpara. (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 2005, 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) \528\ 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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    \528\ 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) \528\ The international community should provide 
        assistance, where appropriate, to those producer and 
        transit countries which require assistance in 
        discharging these primary obligations.
          (F) \528\ 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) \528\ 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,\529\ 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.
---------------------------------------------------------------------------
    \529\ Sec. 4(b) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4915) inserted ``, including reciprocal 
maritime agreements,''.
---------------------------------------------------------------------------
    (3) \530\ 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.
---------------------------------------------------------------------------
    \530\ Sec. 2017 of Public Law 99-570 (100 Stat. 3207-68) added 
para. (3). Sec. 2017 redesignated the previous para. (3) as para. (4).
---------------------------------------------------------------------------
    (4) \530\ 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.\531\
---------------------------------------------------------------------------
    \531\ Sec. 131(a)(2) of Public Law 104-164 (110 Stat. 1429) added 
``, or for other anticrime purposes''.
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  (b) \532\ Coordination of All United States Antinarcotics 
Assistance to Foreign Countries.--
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    \532\ 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 (Public Law 93-189). 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 (Public Law 99-83).
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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.\533\
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    \533\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. D.
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    (c) \534\ Participation in Foreign Police Actions.--
---------------------------------------------------------------------------
    \534\ Popularly referred to as the Mansfield amendment. Sec. 504(b) 
of the International Security Assistance and Arms Export Control Act of 
1976 (Public Law 94-329; 90 Stat. 764) added subsec. (c). Sec. 15 of 
the International Narcotics Control Act of 1989 (Public Law 101-231; 
103 Stat. 1963) comprehensively amended and restated subsec. (c). It 
had previously been amended and restated by sec. 2009 of Public Law 99-
570 (100 Stat. 3207-64).
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          (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 \535\ of that country.
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    \535\ 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) \536\ Use of Herbicides for Aerial Eradication.--
---------------------------------------------------------------------------
    \536\ 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) \537\ Annual reports.--In the annual report 
        required by section 489(a),\538\ the President shall 
        report on the impact on the environment and the health 
        of individuals of the use under this chapter of a 
        herbicide for aerial eradication.
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    \537\ 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). 
Para. (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.
    \538\ 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 
        \539\ of the House of Representatives and the Committee 
        on Foreign Relations of the Senate, together with such 
        recommendations as the President deems appropriate.
---------------------------------------------------------------------------
    \539\ 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) \540\ Definitions.--For purposes of this chapter and 
other provisions of this Act relating specifically to 
international narcotics matters--
---------------------------------------------------------------------------
    \540\ 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). Sec. 1003(b) 
of the Department of State Authorization Act, Fiscal Years 1984 and 
1985 (Public Law 98-164; 97 Stat. 1053) added the original subsec. (e).
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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) \541\ the term ``major illicit drug producing 
        country'' means a country in which--
---------------------------------------------------------------------------
    \541\ Sec. 101(b)(2) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4691) amended 
and restated para. (2), changing the measure of ``major illicit drug 
producing country'' from quantity of production to acreage devoted to 
production. Previously, sec. 17(e) of the International Narcotics 
Control Act of 1989 (Public Law 101-231; 103 Stat. 1965) restated para. 
(2), adding emphasis on illicit production.
---------------------------------------------------------------------------
                  (A) 1,000 hectares or more of illicit opium 
                poppy is cultivated or harvested during a year;
                  (B) 1,000 hectares or more of illicit coca is 
                cultivated or harvested during a year; or
                  (C) 5,000 hectares or more of illicit 
                cannabis is cultivated or harvested during a 
                year, unless the President determines that such 
                illicit cannabis production does not 
                significantly affect the United States;
          (3) the term ``narcotic and psychotropic drugs and 
        other controlled substances'' has the same meaning as 
        is given by any applicable international narcotics 
        control agreement or domestic law of the country of 
        countries concerned;
          (4) \542\ the term ``United States assistance'' 
        means--
---------------------------------------------------------------------------
    \542\ Sec. 5(b) of the International Narcotics Control Act of 1992 
(Public Law 102-583; 106 Stat. 4931) amended and restated para. (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) \543\ the term ``major drug-transit country'' 
        means a country--
---------------------------------------------------------------------------
    \543\ Sec. 2005(c)(3) of Public Law 95-570 (100 Stat. 3207-63) 
added para. (5).
---------------------------------------------------------------------------
                  (A) that is a significant direct source of 
                illicit narcotic or psychotropic drugs or other 
                controlled substances significantly affecting 
                the United States; or \544\
---------------------------------------------------------------------------
    \544\ 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 subpara. (A); (2) struck out ``or'' at the end of subpara. (B) 
and inserted a period (but did not strike out semicolon); and (3) 
struck out subpara. (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; \545\
---------------------------------------------------------------------------
    \545\ 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 
para. 5; inserted ``; and''; and added para. (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) \545\ 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); \546\
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    \546\ Para. (33) of sec. 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) \545\ 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) \545\ the term ``appropriate congressional 
        committees'' means the Committee on Foreign Affairs 
        \547\ and the Committee on Appropriations of the House 
        of Representatives and the Committee on Foreign 
        Relations and the Committee on Appropriations of the 
        Senate.
---------------------------------------------------------------------------
    \547\ 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.\548\ Authorization.--(a) \549\ (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.\550\
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    \548\ 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.''.
    \549\ Sec. 5(b) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 731) added subsec. designation 
``(a)'' and the original text of subsec. (b). 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) of 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.''.
    \550\ 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 2006--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 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), waived the requirements 
for authorization, and title II of that Act (119 Stat. 2186) 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, $477,200,000, to remain available until 
September 30, 2008: Provided, That during fiscal year 2006, 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 the Secretary 
of State 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 funds appropriated under this 
heading, not less than $16,000,000 shall be made available for training 
programs and activities of the International Law Enforcement Academies: 
Provided further, That $10,000,000 of the funds appropriated under this 
heading should be made available for demand reduction programs: 
Provided further, That of the funds appropriated under this heading, 
not more than $33,484,000 may be available for administrative expenses.
---------------------------------------------------------------------------

``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, $734,500,000, to remain available until 
September 30, 2008: Provided, That in fiscal year 2006, 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 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 funds made available in 
this Act for demobilization/reintegration of members of foreign 
terrorist organizations in Colombia shall be subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations: 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 shall be made available subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
of the funds appropriated under this heading that are available for 
alternative development/institution building, not less than 
$228,772,000 shall be apportioned directly to the United States Agency 
for International Development including $131,232,000 for assistance for 
Colombia: Provided further, That with respect to funds apportioned to 
the United States Agency for International Development under the 
previous proviso, the responsibility for policy decisions for the use 
of such funds, including what activities will be funded and the amount 
of funds that will be provided for each of those activities, shall be 
the responsibility of the Administrator of the United States Agency for 
International Development in consultation with the Assistant Secretary 
of State for International Narcotics and Law Enforcement Affairs: 
Provided further, That of the funds appropriated under this heading, in 
addition to funds made available for judicial reform programs in 
Colombia, not less than $8,000,000 shall be made available to the 
United States Agency for International Development for organizations 
and programs to protect human rights: 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 certifies to the Committees on Appropriations that: (1) the 
herbicide is being used in accordance with EPA label requirements for 
comparable use in the United States and with Colombian laws; and (2) 
the herbicide, in the manner it is being used, does not pose 
unreasonable risks or adverse effects to humans or the environment 
including endemic species: Provided further, That such funds may not be 
made available unless the Secretary of State certifies to the 
Committees on Appropriations that complaints of harm to health or licit 
crops caused by such fumigation are evaluated and fair compensation is 
being paid for meritorious claims: Provided further, That 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 of the funds 
appropriated under this heading, not less than $2,000,000 should be 
made available for programs to protect biodiversity and indigenous 
reserves in Colombia: Provided further, That funds appropriated by this 
Act may be used for aerial fumigation in Colombia's national parks or 
reserves only if the Secretary of State determines that it is in 
accordance with Colombian laws and that there are no effective 
alternatives to reduce drug cultivation in these areas: 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 funds appropriated under 
this heading that are made available for assistance for the Bolivian 
military may be made available for such purposes only if the Secretary 
of State certifies that the Bolivian military is respecting human 
rights, and civilian judicial authorities are investigating and 
prosecuting, with the military's cooperation, military personnel who 
have been implicated in gross violations of human rights: Provided 
further, That of the funds appropriated under this heading, not more 
than $19,015,000 may be available for administrative expenses of the 
Department of State, and not more than $7,800,000 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: sec. 515--Notification Requirements; sec. 
549--Haiti; sec. 554--Cambodia; sec. 565--Special Debt Relief for the 
Poorest; sec. 583--Governments That Have Failed to Permit Certain 
Extraditions; sec. 597--Combatting Piracy of United States Copyrighted 
Materials; and sec. 599E--Assistance for Demobilization and Disarmament 
of Former Irregular Combatants in Colombia. See also, in that Act, sec. 
596, relating to allocation of appropriations according to stipulations 
in the conference report (H. Rept. 109-265, November 2, 2005) 
accompanying Public Law 109-102 (for allocation of International 
Narcotics Control and Law Enforcement funds, see p. 98).
    Title II of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 264), provided the following:
---------------------------------------------------------------------------

``DEPARTMENT OF STATE

``International Narcotics Control and Law Enforcement
---------------------------------------------------------------------------

    ``For an additional amount for `International Narcotics Control and 
Law Enforcement', $620,000,000, to remain available until September 30, 
2007: Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
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    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
---------------------------------------------------------------------------
    (2) Amounts appropriated under this subsection are 
authorized to remain available until expended.
    (b) \551\ Procurement of Weapons and Ammunition.--
---------------------------------------------------------------------------
    \551\ 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) \552\ Contributions and Reimbursement.--(1) To \553\ 
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.
---------------------------------------------------------------------------
    \552\ 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.
    \553\ 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) \554\ (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.
---------------------------------------------------------------------------
    \554\ Sec. 131(b)(2) of Public Law 104-164 (110 Stat. 1429) added 
paras. (2) and (3).
---------------------------------------------------------------------------
          (B) At the time of submission of the annual 
        congressional presentation documents required by 
        section 634(a), the President shall provide a detailed 
        report on any contributions received in the preceding 
        fiscal year, the amount of such contributions, and the 
        purposes for which such contributions were used.
          (3) \554\ 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) \555\ 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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    \555\ Sec. 164(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 411), added 
subsec. (d).
---------------------------------------------------------------------------
    (2) Paragraph (1) shall not apply to the extent that it 
would result in a reduction in funds available for 
antinarcotics assistance to foreign countries.
    (e) \556\ 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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    \556\ 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) \557\ 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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    \557\ Sec. 131(c) of Public Law 104-164 (110 Stat. 1429) added 
secs. (f) and (g).
---------------------------------------------------------------------------
    (g) \557\ 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.\558\ 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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    \558\ 22 U.S.C. 2291b. Added by sec. 609 of Public Law 99-83 (99 
Stat. 230).
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SEC. 484.\559\ REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT.

  (a) Retention of Title to Aircraft.--
---------------------------------------------------------------------------
    \559\ 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) \560\ 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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    \560\ Sec. 4(f)(2)(B) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4917) struck ``In General'' and 
inserted in lieu thereof ``Permissible Uses of Aircraft and Other 
Equipment''. Sec. 4(f)(2)(D) of that Act redesignated sec. 489(a) as 
sec. 484(b).
---------------------------------------------------------------------------
    (c) \561\ Reports.--In the reports submitted pursuant to 
section 489(a),\562\ the President shall discuss--
---------------------------------------------------------------------------
    \561\ 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).
    \562\ Sec. 4(f)(2)(C) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4917) struck out ``subsection 
(e)'', and inserted in lieu thereof ``section 489(a)''.
---------------------------------------------------------------------------
          (1) any evidence indicating misuse by a foreign 
        country of aircraft or other equipment made available 
        under this chapter, and
          (2) the actions taken by the United States Government 
        to prevent future misuse of such equipment by that 
        foreign country.
    Sec. 485.\563\ Records of Aircraft Use.--(a) Requirement To 
Maintain Records.--The President \564\ 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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    \563\ 22 U.S.C. 2291d. Added by sec. 2003 of Public Law 99-570 (100 
Stat. 3207-61).
    \564\ 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 \565\ of the House of 
Representatives or the Chairman of the Committee on Foreign 
Relations of the Senate.
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    \565\ 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.\566\ Reallocation of Funds Withheld from 
Countries Which Fail to Take Adequate Steps to Halt Illicit 
Drug Production or Trafficking.
---------------------------------------------------------------------------
    \566\ 22 U.S.C. 2291e. 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) \567\ If any funds authorized to be appropriated for 
any fiscal year for assistance under this Act \568\ are not 
used for assistance for the country for which those funds were 
allocated because of the requirements of section 490 \569\ 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:
---------------------------------------------------------------------------
    \567\ 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.--''.
    \568\ 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''.
    \569\ 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 \570\ 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 \571\ assistance 
        for those countries.
---------------------------------------------------------------------------
    \570\ 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''.
    \571\ Sec. 101(d)(3)(B) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) struck out 
``security'' here.
---------------------------------------------------------------------------
    Sec. 487.\572\ Prohibition on Assistance to Drug 
Traffickers.
---------------------------------------------------------------------------
    \572\ 22 U.S.C. 2291f. Added by sec. 4503 of the International 
Narcotics Control Act of 1988 (Public Law 100-690; 102 Stat. 4285).
---------------------------------------------------------------------------
    (a) Prohibition.--The President shall take all reasonable 
steps to ensure that assistance under this Act and the Arms 
Export Control Act is not provided to or through any individual 
or entity that the President knows or has reason to believe--
          (1) has been convicted of a violation of, or a 
        conspiracy to violate, any law or regulation of the 
        United States, a State or the District of Columbia, or 
        a foreign country relating to \573\ narcotic or 
        psychotropic drugs or other controlled substances; 
        \574\ or
---------------------------------------------------------------------------
    \573\ Sec. 101(e) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4692) inserted 
``to'' after ``relating''.
    \574\ Sec. 6(b)(6) of the International Narcotics Control Act of 
1992 (Public Law 102-583; 106 Stat. 4932) struck out ``(as defined in 
section 481(i)(3) of this Act)'' preceding the semicolon.
---------------------------------------------------------------------------
          (2) is or has been an illicit trafficker in any such 
        controlled substance or is or has been a knowing 
        assistor, abettor, conspirator, or colluder with others 
        in the illicit trafficking in any such substance.
    (b) \575\ Regulations.--The President shall issue 
regulations specifying the steps to be taken in carrying out 
this section.
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    \575\ The Bureau of International Narcotics Matters, Department of 
State, issued regulations to implement sec. 487 in Public Notice 2840 
(22 CFR Part 140; 63 F.R. 36571; July 7, 1998). The initial proposed 
rule was issued in Public Notice 2159 (60 F.R. 7737; February 9, 1995).
---------------------------------------------------------------------------
    (c) Congressional Review of Regulations.--Regulations 
issued pursuant to subsection (b) shall be submitted to the 
Congress before they take effect.

SEC. 488.\576\ LIMITATIONS ON ACQUISITION OF REAL PROPERTY AND 
                    CONSTRUCTION OF FACILITIES.

    (a) Acquisition of Real Property.--
---------------------------------------------------------------------------
    \576\ 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.\577\ REPORTING REQUIREMENTS.

  (a) International Narcotics Control Strategy Report.--Not 
later than March 1 \578\ 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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    \577\ 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:
    ``(c) Effective Date of Sections.--This section applies only during 
fiscal year 1995. Section 489A does not apply during that fiscal 
year.''.
    \578\ 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) \579\ The identity of those countries which are--
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    \579\ 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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    \580\ 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.\580\ * * * [REPEALED--1995]

SEC. 490.\581\ ANNUAL CERTIFICATION PROCEDURES.

  (a) Withholding of Bilateral Assistance and Opposition to 
Multilateral Development Assistance.--
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    \581\ 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.
    ``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:
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  ``(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 September 14, 2005 (Presidential Determination No. 
2005-36; 70 F.R. 56807):
    ``Pursuant to section 706(1) of the Foreign Relations Authorization 
Act, Fiscal Year 2003 (Public Law 107-228) (FRAA), I hereby identify 
the following countries as major drug transit or major illicit drug 
producing countries: Afghanistan, The Bahamas, Bolivia, Brazil, Burma, 
Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, India, 
Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, and 
Venezuela.
    ``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 fourth [sic] in section 481(e)(2) and (5) of the Foreign Assistance 
Act of 1961, as amended (FAA), one of the reasons that major drug 
transit or illicit 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 and Venezuela as countries that have failed demonstrably during 
the previous 12 months to adhere to its obligations under international 
counternarcotics agreements and take the measures set forth in section 
489(a)(1) of the FAA. Attached to this report (Tab A) are 
justifications for the determinations on Burma and Venezuela, as 
required by section 706(2)(B).
    ``I have also determined, in accordance with provisions of section 
706(3)(A) of the FRAA, that support for program to aid Venezuela's 
democratic institutions, establish selected community development 
projects, and strengthen Venezuela's political party system is vital to 
the national interests of the United States.
    ``I have removed China and Vietnam from the list of major drug 
transit or major illicit drug producing countries because there is 
insufficient evidence to suggest that China is a major source zone or 
transit country for illicit narcotics that significantly affects the 
United States. There is insufficient evidence to refute claims by the 
Government of Vietnam that they have virtually eliminated opium poppy 
production. Additionally, although cooperation with United States law 
enforcement is limited, there are no indications of a significant 
Vietnam-based drug threat to the United States.
    ``Despite the Government of Afghanistan's counternarcotics efforts, 
we remain concerned about the disturbing magnitude of the drug trade 
and the prospect that opium poppy cultivation will likely increase in 
2006. We are also concerned about government corruption, especially at 
the regional and local levels, impending [sic] counternarcotics 
efforts. For these efforts to be effective, government corruption with 
respect to the opium economy must be seriously addressed--by both local 
and central government authorities.
    ``The Government of Canada has made real progress in curbing the 
diversion into the United States of pseudoephedrine, which fuels the 
production of methamphetamine. There are indications, however, that 
Canadian-based criminal groups are increasingly involved in the 
production of MDMA (Ecstasy) destined for the United States. Large 
scale cross-border trafficking of Canadian-grown marijuana remains a 
serious concern. The United States appreciates the excellent law 
enforcement cooperation with Canada in combating these shared threats.
    ``While Haiti made efforts this year to improve its performance, we 
reiterate our concerns from last year about the Interim Government of 
Haiti's inability to effectively organize Haitian law enforcement 
resources to permit sustained counternarcotics efforts. Further, the 
national criminal justice system must be significantly strengthened in 
order to be effective and gain public confidence.
    ``The Government of The Netherlands has achieved considerable 
success in countering the production and flow of MDMA (Ecstasy) to the 
United Stats, and The Netherlands is commended for its enhanced 
efforts. In the coming year, the Untied States would like to build upon 
our law enforcement cooperation with the Dutch government through 
advancements in mutual legal assistance and direct engagement between 
our respective police agencies.
    ``Drug trafficking, money laundering, and other organized criminal 
activity in Nigeria remain major sources of concern to the United 
States. Progress over the past year on anti-money laundering controls 
is welcome, but much remains to be done to make such controls 
effective. Implementing anti-corruption policies must advance more 
quickly, as corruption at all levels of government continues to hamper 
effective narcotics law enforcement. In addition, measures similar to 
those taken to improve drug law enforcement at Nigeria's main airport 
need to be expanded to, and replicated at, Nigeria's seaports, where 
drug trafficking is a growing concern. Finally, the National Drug Law 
Enforcement Agency (NDLEA) and other counternarcotics institutions 
should work toward developing the mindset and capacity to pursue 
investigations, and prosecutions of major drug traffickers based in the 
country.
    ``We remain concerned with the continued involvement by the 
Democratic People's Republic of Korea (DPRK) in criminal activity, 
including drug production and drug trafficking. Given the close 
relationship between Japanese and Chinese criminal elements and DPRK 
drug traffickers in past smuggling incidents, there is a real 
possibility of continuing DPRK involvement in drug trafficking, even 
when a given incident appears only to involve ethnic Chinese or other 
organized Asian criminal groups.''.
    Recent previous determinations: Presidential Determination No. 
2004-47, September 15, 2004 (69 F.R. 57809); Presidential Determination 
No. 2003-38, September 15, 2003 (68 F.R. 54973); and Presidential 
Determination No. 2003-14, January 30, 2003 (68 F.R. 5787).
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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 \582\ 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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    \582\ 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 \583\ 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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    \583\ 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.\584\
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    \584\ 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 \585\ 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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    \585\ Sec. 101(g)(1)(E) of the International Narcotics Control 
Corrections Act of 1994 (Public Law 103-447; 108 Stat. 4693) struck out 
``45'' and inserted in lieu thereof ``30''.
---------------------------------------------------------------------------
  (e) Denial of Assistance for Countries Decertified.--If the 
President does not make a certification under subsection (b) 
with respect to a country or the Congress enacts a joint 
resolution disapproving such certification, then until such 
time as the conditions specified in subsection (f) are 
satisfied--
          (1) funds may not be obligated for United States 
        assistance for that country, and funds previously 
        obligated for United States assistance for that country 
        may not be expended for the purpose of providing 
        assistance for that country; and
          (2) the requirement to vote against multilateral 
        development bank assistance pursuant to subsection 
        (a)(2) shall apply with respect to that country, 
        without regard to the date specified in that 
        subsection.
  (f) Recertification.--Subsection (e) shall apply to a country 
described in that subsection until--
          (1) the President, at the time of submission of the 
        report required by section 489(a), makes a 
        certification under subsection (b)(1)(A) or (b)(1)(B) 
        with respect to that country, and the Congress does not 
        enact a joint resolution under subsection (d) 
        disapproving the determination of the President 
        contained in that certification; or
          (2) the President, at any other time, makes the 
        certification described in subsection (b)(1)(B) with 
        respect to that country, except that this paragraph 
        applies only if either--
                  (A) the President also certifies that--
                          (i) that country has undergone a 
                        fundamental change in government, or
                          (ii) there has been a fundamental 
                        change in the conditions that were the 
                        reason--
                                  (I) why the President had not 
                                made a certification with 
                                respect to that country under 
                                subsection (b)(1)(A), or
                                  (II) if he had made such a 
                                certification and the Congress 
                                enacted a joint resolution 
                                disapproving the determination 
                                contained in the certification, 
                                why the Congress enacted that 
                                joint resolution; or
                  (B) the Congress enacts a joint resolution 
                approving the determination contained in the 
                certification under subsection (b)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall 
discuss the justification for the certification.
  (g) \586\ 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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    \586\ 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) \587\ Determining Major Drug-Transit and Major Illicit 
Drug Producing Countries.--Not later than November 1 \587\ 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.
---------------------------------------------------------------------------
    \587\ 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.
    \588\ 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.\588\ * * * [REPEALED--1995]

           Chapter 9--International Disaster Assistance \589\

    Sec. 491.\590\ 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.
---------------------------------------------------------------------------
    \589\ 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''.
    \590\ 22 U.S.C. 2292. 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 \591\ 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,\592\ 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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    \591\ Sec. 404(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3150) struck out 
``on appropriations'' at this point.
    \592\ Sec. 118(a) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 953) struck out 
``or international organization'' and inserted in lieu thereof 
``international organization, or private voluntary organization,''.
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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.\593\ Authorization.--(a) \594\ 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.\595\ Amounts appropriated 
under this section are authorized to remain available until 
expended.\596\
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    \593\ 22 U.S.C. 2292a. Added by sec. 101(3) of Public Law 94-161 
(89 Stat. 849).
    \594\ Sec. 404(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3150)inserted 
subsec. designation ``(a)'' and subsec. (b).
    \595\ 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 2006--no authorization.
    Congress did not enact an authorization for fiscal year 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), waived the requirements 
for authorization, and title II of that Act (119 Stat. 2177) provided 
the following:
---------------------------------------------------------------------------

``international disaster and famine assistance
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of section 491 
of the Foreign Assistance Act of 1961 for international disaster 
relief, rehabilitation, and reconstruction assistance, $365,000,000, to 
remain available until expended, of which $20,000,000 should be for 
famine prevention and relief.
---------------------------------------------------------------------------

``transition initiatives
---------------------------------------------------------------------------

    ``For necessary expenses for international disaster rehabilitation 
and reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $40,000,000, 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: Provided further, That if the President 
determines that it is important to the national interests of the United 
States to provide transition assistance in excess of the amount 
appropriated under this heading, up to $15,000,000 of the funds 
appropriated by this Act to carry out the provisions of part I of the 
Foreign Assistance Act of 1961 may be used for purposes of this heading 
and under the authorities applicable to funds appropriated under this 
heading:  Provided further, That funds made available pursuant to the 
previous proviso shall be made available subject to prior consultation 
with the Committees on Appropriations.''.
    Title II, ch. 3 of the Emergency Supplemental Appropriations Act To 
Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 
(division B of Public Law 109-148; 119 Stat. 2784), provided the 
following:
---------------------------------------------------------------------------

``CHAPTER 3

``BILATERAL ECONOMIC ASSISTANCE

``Funds Appropriated to the President

``United States Agency for International Development

* * * * * * *

``international disaster and famine assistance
---------------------------------------------------------------------------

    ``For an additional amount for `International Disaster and Famine 
Assistance' for the pre-positioning and deployment of essential 
supplies and equipment for preparedness and response to the avian 
influenza virus, $56,330,000, to remain available until expended: 
Provided, That funds appropriated by this paragraph may be obligated 
and expended notwithstanding section 10 of Public Law 91-672: Provided 
further, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.
---------------------------------------------------------------------------

* * * * * * *

``General Provision--This Chapter
---------------------------------------------------------------------------

    ``Sec. 2301. Within 30 days from the date of enactment of this Act 
and every six months thereafter, the Administrator of the United States 
Agency for International Development shall submit to the Committees on 
Appropriations a report which identifies, for all projects funded from 
amounts appropriated by this Act that are administered by that agency, 
the following: the program objectives for each such project, the 
approximate timeline for achieving each of those objectives, the 
amounts obligated and expended for each project, and the current status 
of program performance with reference to identified program objectives 
and the timeline for achieving those objectives.''.
    Title III, ch. 8 of that Act (119 Stat. 2791), however, also 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    Title II of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 263), provided the following:
---------------------------------------------------------------------------

``BILATERAL ECONOMIC ASSISTANCE

``FUNDS APPROPRIATED TO THE PRESIDENT

``UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

``International Disaster and Famine Assistance
---------------------------------------------------------------------------

    ``For an additional amount for `International Disaster and Famine 
Assistance', $90,000,000, to remain available until expended, for 
emergency expenses related to the humanitarian crisis in the Darfur 
region of Sudan and other African countries: Provided, That these funds 
may be used to reimburse fully accounts administered by the United 
States Agency for International Development 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 the amount provided under 
this heading is designated as an emergency requirement pursuant to 
section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).''.
    In Public Law 109-13, see also sec. 2110, relating to humanitarian 
assistance code of conduct (119 Stat. 268; 22 U.S.C. 2370b).
    Title IV of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 273), provided the following:
---------------------------------------------------------------------------

``CHAPTER 1

``FUNDS APPROPRIATED TO THE PRESIDENT

``OTHER BILATERAL ASSISTANCE

``Tsunami Recovery and Reconstruction Fund

``(including transfers of funds)
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the Foreign Assistance Act of 
1961, for emergency relief, rehabilitation, and reconstruction aid to 
countries affected by the tsunami and earthquakes of December 2004 and 
March 2005, and the Avian influenza virus, $656,000,000, to remain 
available until September 30, 2006: Provided, That these funds may be 
transferred by the Secretary of State to Federal agencies or accounts 
for any activity authorized under part I (including chapter 4 of part 
II) of the Foreign Assistance Act, or under the Agricultural Trade 
Development and Assistance Act of 1954, to accomplish the purposes 
provided herein: Provided further, That upon a determination that all 
or part of the funds so transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That funds 
appropriated under this heading may be used to reimburse fully accounts 
administered by the United States Agency for International Development 
for obligations incurred for the purposes provided under this heading 
prior to enactment of this Act, including Public Law 480 Title II 
grants: Provided further, That of the amounts provided herein: up to 
$10,000,000 may be transferred to and consolidated with `Development 
Credit Authority' for the cost of direct loans and loan guarantees as 
authorized by sections 256 and 635 of the Foreign Assistance Act of 
1961 in furtherance of the purposes of this heading; up to $17,500,000 
may be transferred to and consolidated with `Operating Expenses of the 
United States Agency for International Development', of which up to 
$2,000,000 may be used for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development in furtherance of the purposes of this heading; up to 
$1,000,000 may be transferred to and consolidated with `Operating 
Expenses of the United States Agency for International Development 
Office of Inspector General'; and up to $5,000,000 may be transferred 
to and consolidated with `Emergencies in the Diplomatic and Consular 
Service' for the purpose of providing support services for United 
States citizen victims and related operations: Provided further, That 
of the funds appropriated under this heading, $5,000,000 should be made 
available for environmental recovery activities in tsunami affected 
countries: Provided further, That of the funds appropriated under this 
heading, $10,000,000 should be made available for programs and 
activities which create new economic opportunities for women: Provided 
further, That of the funds appropriated under this heading, $1,500,000 
should be made available for programs to address the needs of people 
with physical and mental disabilities resulting from the tsunami: 
Provided further, That of the funds appropriated under this heading, 
not less than $12,500,000 should be made available to support 
initiatives that focus on the immediate and long-term needs of children 
for protection and permanency, including the registration of 
unaccompanied children, the reunification of children with their 
immediate or extended families, the protection of women and children 
from violence and exploitation, and activities designed to prevent the 
capture of children by armed forces and promote the integration of war 
affected youth: Provided further, That of the funds appropriated under 
this heading, $20,000,000 should be made available for microenterprise 
development programs in countries affected by the tsunami, of which 
$5,000,000 should be made available for microcredit programs, to be 
administered by the United States Agency for International Development: 
Provided further, That of the funds appropriated under this heading, 
$1,500,000 should be made available for trafficking in persons 
monitoring and prevention programs and activities in tsunami affected 
countries: Provided further, That the President is hereby authorized to 
defer and reschedule for such period as he may deem appropriate any 
amounts owed to the United States or any agency of the United States by 
those countries significantly affected by the tsunami and earthquakes 
of December 2004 and March 2005, including the Republic of Indonesia, 
the Republic of Maldives and the Democratic Socialist Republic of Sri 
Lanka: Provided further, That funds appropriated under this heading may 
be made available for the modification costs, as defined in section 502 
of the Congressional Budget Act of 1974, if any, associated with any 
deferral and rescheduling authorized under this heading: Provided 
further, That such amounts shall not be considered `assistance' for the 
purposes of provisions of law limiting assistance to any such affected 
country: Provided further, That any agreement to defer and reschedule 
such debt will include a commitment by the recipient government that 
resources freed by the debt deferral will benefit directly the people 
affected by the tsunami: Provided further, That the Secretary of State 
shall arrange for an outside, independent evaluation of each 
government's compliance with the commitment: Provided further, That the 
amount provided under this heading is designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).''.
    In that Act, see also the General Provisions associated with title 
IV (119 Stat. 275).
    \596\ 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).
---------------------------------------------------------------------------
    (b) \594\ 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.\597\ 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.
---------------------------------------------------------------------------
    \597\ 22 U.S.C. 2292b. Added by sec. 101(3) of Public Law 94-161 
(89 Stat. 849).
---------------------------------------------------------------------------
    Sec. 494.\598\ 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.
---------------------------------------------------------------------------
    \598\ 22 U.S.C. 2292c. Former sec. 452, which was added by sec. 
2(2) of the Foreign Disaster Assistance Act of 1974 (Public Law 93-
333), was redesignated as sec. 494 by sec. 101(4) of Public Law 94-161 
(89 Stat. 849).
---------------------------------------------------------------------------
    Sec. 494A.\599\ Famine and Disaster Relief to Drought-
Stricken African Nations. * * * [Repealed--1978]
---------------------------------------------------------------------------
    \599\ Sec. 494A, originally added as sec. 639A by the FA Act of 
1973 and subsequently redesignated as sec. 494A by Public Law 94-161 
(89 Stat. 849), was repealed by sec. 604 of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 961).
---------------------------------------------------------------------------
    Sec. 494B.\600\ African Development Program. * * * 
[Redesignated--1977]
---------------------------------------------------------------------------
    \600\ Sec. 494B, originally added as sec. 639B of this Act by the 
FA Act of 1973 and later redesignated as sec. 494B in 1975, was 
subsequently redesignated as sec. 120 (Sahel Development Program--
Planning) by sec. 115 of Public Law 95-88 (91 Stat. 539).
---------------------------------------------------------------------------
    Sec. 495.\601\ 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.\602\ 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.
---------------------------------------------------------------------------
    \601\ 22 U.S.C. 2292f. Added by sec. 101(8) of Public Law 94-161 
(89 Stat. 849).
    \602\ Sec. 402 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) struck out 
``$30,000,000'' and inserted in lieu thereof ``$40,000,000''.
    The FA Appropriations Act, 1976, provided the following: ``Cyprus 
relief and rehabilitation: For necessary expenses to carry out the 
provisions of section 495, $25,000,000.''.
    For ``Cyprus relief and rehabilitation'' for the period July 1, 
1976, through September 30, 1976, $5,000,000.
---------------------------------------------------------------------------
    Sec. 495A.\603\ Guatemala Relief and Rehabilitation. * * * 
[Repealed--1978]
---------------------------------------------------------------------------
    \603\ Sec. 495A, as added by Public Law 94-276 (90 Stat. 397), was 
repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
    Sec. 495B.\604\ 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.
---------------------------------------------------------------------------
    \604\ 22 U.S.C. 2292h. Added by sec. 415 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 761).
---------------------------------------------------------------------------
    (b) \605\ 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.
---------------------------------------------------------------------------
    \605\ Sec. 120 of the International Development and Food Assistance 
Act of 1977 (Public Law 95-88; 91 Stat. 541) redesignated subsec. (b) 
as subsec. (c) and added this new subsec. (b).
    The FA Appropriations Act, 1978, provided the following:
    ``Italy relief and rehabilitation assistance: For necessary 
expenses to carry out the provisions of section 495B, $25,000,000.''.
---------------------------------------------------------------------------
    (c) Obligations incurred prior to the date of enactment of 
this section against other appropriations or accounts for the 
purpose of providing relief and rehabilitation assistance to 
the people of Italy may be charged to the appropriations 
authorized under this section.
    (d) \606\ (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.
---------------------------------------------------------------------------
    \606\ Public Law 96-525 (94 Stat. 3043) added subsec. (d).
    The full $50,000,000 authorized in this subsection for Italian 
earthquake disaster assistance was appropriated by Public Law 96-536, 
the continuing resolution providing foreign aid funds for fiscal year 
1981. This $50,000,000 was designated as an earmarking out of the total 
of $73,000,000 appropriated in fiscal year 1981 for international 
disaster assistance. The FA Appropriations, 1982, also provided that of 
the $27,000,000 made available under sec. 491, ``not less than 
$10,000,000 shall be used for earthquake relief and reconstruction in 
southern Italy.''. The FA Appropriations Act, 1984 (sec. 101(b)(1) of 
the Further Continuing Appropriations Act, 1984) further provided that 
out of the $25,000,000 made available under sec. 491, ``$10,000,000 
shall be used only for earthquake relief and reconstruction in southern 
Italy, which amount may be derived either from amounts appropriated to 
carry out the provisions of section 491 of the Foreign Assistance Act 
of 1961 or from up to $10,000,000 of amounts heretofore appropriated 
pursuant to chapter 4 of part II of such Act for Syria which are, if 
deobligated, hereby continued available for the purposes of section 491 
or for other programs for Italy consistent with sections 103 through 
106 of such Act.''.
---------------------------------------------------------------------------
    (2) Amounts appropriated under this subsection are 
authorized to remain available until expended.
    (3) Obligations incurred against other appropriations or 
accounts for the purpose of providing relief, rehabilitation, 
and reconstruction assistance for the victims of the late 1980 
earthquakes in southern Italy may be charged to appropriations, 
enacted after those obligations were incurred, for assistance 
for that purpose under this chapter.
    Sec. 495C.\607\ 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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    \607\ 22 U.S.C. 2292i. 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.\608\
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    \608\ 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) \609\ * * * [Repealed--1978]
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    \609\ Subsec. (e), which called for a quarterly report on 
programing and obligation of funds under sec. 495C, 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.\610\ 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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    \610\ 22 U.S.C. 2292j. 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.\611\
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    \611\ 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) \612\ * * * [Repealed--1981]
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    \612\ Sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
subsec. (e), which had required a quarterly report from the President 
on the programing and obligation of funds under this section.
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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.\613\ 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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    \613\ 22 U.S.C. 2292k. 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). 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.\614\ 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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    \614\ 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.\615\ Amounts appropriated under this 
subsection are authorized to remain available until expended.
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    \615\ 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.\616\ 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.\617\ Assistance under this section shall be provided 
in accordance with the policies and general authorities 
contained in section 491.
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    \616\ 22 U.S.C. 2292m. 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.
    \617\ The Supplemental Appropriation and Rescission Act, 1980 
(Public Law 96-304; 94 Stat. 873), contained $10 million intended for 
special Caribbean hurricane disaster relief.
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    Sec. 495H.\618\ 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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    \618\ 22 U.S.C. 2292n. 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) \619\ * * * [Repealed--1981]
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    \619\ Para. (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.\620\
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    \620\ The Supplemental Appropriation and Rescission Act, 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.\621\ 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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    \621\ 22 U.S.C. 2292o. 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.\622\ Amounts appropriated under this section are 
authorized to remain available until expended.
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    \622\ 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.\623\ 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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    \623\ 22 U.S.C. 2292p. 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)
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    ``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.\624\ African Famine Assistance.--
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    \624\ 22 U.S.C. 2292q. 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 \625\

  Sec. 496.\626\ Long-Term Development Assistance for Sub-
Saharan Africa.--(a) Findings.--The Congress finds that--
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    \625\ 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 2005, vol. I-B.
    \626\ 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) \627\ Democratization and conflict resolution 
        capabilities.--Assistance under this section may also 
        include program assistance--
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    \627\ 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) \627\ 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).\628\ 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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    \628\ Sec. 127(c)(1) of 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.\629\
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    \629\ 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 
        \630\ Act of 1986.
---------------------------------------------------------------------------
    \630\ 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.\631\ 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 \632\ 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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    \631\ 22 U.S.C. 2294.
    \632\ Congress did not enact an authorization for fiscal year 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), waived the requirements 
for authorization, and title II of that Act (119 Stat. 2174) provided 
the following:
---------------------------------------------------------------------------

``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, 
$1,585,000,000, to remain available until September 30, 2007: 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 children displaced or orphaned by causes other than 
AIDS; (5) programs for the prevention, treatment, control of, and 
research on HIV/AIDS, tuberculosis, polio, malaria, and other 
infectious diseases, and for assistance to communities severely 
affected by HIV/AIDS, including children displaced or orphaned by AIDS; 
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 $350,000, 
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: 
$360,000,000 for child survival and maternal health; $30,000,000 for 
vulnerable children; $350,000,000 for HIV/AIDS; $220,000,000 for other 
infectious diseases; and $375,000,000 for family planning/reproductive 
health, including in areas where population growth threatens 
biodiversity or endangered species: 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, except for the 
United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act 
of 2003 (Public Law 108-25), for a United States contribution to the 
Global Fund to Fight AIDS, Tuberculosis and Malaria (the `Global 
Fund'), and shall be expended at the minimum rate necessary to make 
timely payment for projects and activities: Provided further, That up 
to 5 percent of the aggregate amount of funds made available to the 
Global Fund in fiscal year 2006 may be made available to the United 
States Agency for International Development for technical assistance 
related to the activities of the Global Fund: Provided further, That of 
the funds appropriated under this heading, $70,000,000 should 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 this and 
preceding provisos: 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 nothing in this 
paragraph shall be construed to alter any existing statutory 
prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That none of the funds 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 to the maximum 
extent feasible, taking into consideration cost, timely availability, 
and best health practices, funds appropriated in this Act or prior 
appropriations Acts that are made available for condom procurement 
shall be made available only for the procurement of condoms 
manufactured in the United States: Provided further, That information 
provided about the use of condoms as part of projects or activities 
that are funded from amounts appropriated by this Act shall be 
medically accurate and shall include the public health benefits and 
failure rates of such use.
---------------------------------------------------------------------------

``development assistance
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of sections 
103, 105, 106, and sections 251 through 255, and chapter 10 of part I 
of the Foreign Assistance Act of 1961, $1,524,000,000, to remain 
available until September 30, 2007: Provided, That $214,000,000 should 
be allocated for trade capacity building, of which at least $20,000,000 
shall be made available for labor and environmental capacity building 
activities relating to the free trade agreement with the countries of 
Central America and the Dominican Republic: Provided further, That 
$365,000,000 should be allocated for basic education: Provided further, 
That of the funds appropriated under this heading and managed by the 
United States Agency for International Development Bureau of Democracy, 
Conflict, and Humanitarian Assistance, not less than $15,000,000 shall 
be made available only for programs to improve women's leadership 
capacity in recipient countries: Provided further, That such funds may 
not be made available for construction: 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 $42,500, in addition to funds otherwise available 
for such purposes, may be used to monitor and provide oversight of such 
programs: Provided further, That funds appropriated under this heading 
should be made available for programs in sub-Saharan Africa to address 
sexual and gender-based violence: Provided further, That of the 
aggregate amount of the funds appropriated by this Act that are made 
available for agriculture and rural development programs, $30,000,000 
should be made available for plant biotechnology research and 
development: Provided further, That not less than $2,300,000 should be 
made available for core support for the International Fertilizer 
Development Center: Provided further, That of the funds appropriated 
under this heading, not less than $20,000,000 should be made available 
for the American Schools and Hospitals Abroad program: Provided 
further, That of the funds appropriated under this heading, $10,000,000 
may be made available for cooperative development programs within the 
Office of Private and Voluntary Cooperation: Provided further, That of 
the funds appropriated under this heading, $2,000,000 shall be made 
available for reconstruction and development programs in South Asia: 
Provided further, That funds should be made available for activities to 
reduce the incidence of child marriage in developing countries: 
Provided further, That of the funds appropriated under this heading, up 
to $20,000,000 should be made available to develop clean water 
treatment activities in developing countries: Provided further, That of 
the funds appropriated by this Act, not less than $200,000,000 shall be 
made available for drinking water supply projects and related 
activities, of which not less than $50,000,000 should be made available 
for programs in Africa.''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    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).
    In a memorandum of August 29, 2003 (68 F.R. 52323), the President 
extended ``the requirements of the March 28, 2001 memorandum to all 
assistance for voluntary population planning furnished to foreign 
nongovernmental organizations and appropriated pursuant to the Foreign 
Assistance Act, whether such assistance is furnished by USAID or any 
other bureau, office, or component of the Department of State. As set 
forth in the March 28, 2001, memorandum, this policy applies to certain 
assistance provided to foreign nongovernmental organizations. Such 
organizations do not include multilateral organizations that are 
associations of governments. This policy shall not apply to foreign 
assistance furnished pursuant to the United States Leadership Against 
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-
125).''.
---------------------------------------------------------------------------

Chapter 11--Support for the Economic and Democratic Development of the 
          Independent States of the Former Soviet Union \633\

SEC. 498.\634\, \635\ 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:
---------------------------------------------------------------------------
    \633\ Sec. 201 of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3324) added chapter 11, secs. 498-498C.
    \634\ 22 U.S.C. 2295.
    \635\ 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) \636\ Democracy and rule of law.--Establishing a 
        democratic and free society by fostering--
---------------------------------------------------------------------------
    \636\ 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) \636\ 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) \636\ 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) \636\ political parties and coalitions 
                committed to promoting democracy, human rights, 
                and economic reforms;
                  (H) \636\ support for civic organizations 
                committed to promoting human rights;
                  (I) \636\ 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) \636\ 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) \637\ Independent media.--Developing free and 
        independent media, including--
---------------------------------------------------------------------------
    \637\ 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.
---------------------------------------------------------------------------
                  (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.\638\ CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE 
                    INDEPENDENT STATES.

    (a) \639\ 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--
---------------------------------------------------------------------------
    \638\ 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.
    \639\ Sec. 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 secs. 498A(a), 498B(c) 
and 498B(g).
---------------------------------------------------------------------------
          (1) make significant progress toward, and is 
        committed to the comprehensive implementation of, a 
        democratic system based on principles of the rule of 
        law, individual freedoms, and representative government 
        determined by free and fair elections;
          (2) make significant progress in, and is committed to 
        the comprehensive implementation of, economic reform 
        based on market principles, private ownership, and 
        integration into the world economy, including 
        implementation of the legal and policy frameworks 
        necessary for such reform (including protection of 
        intellectual property and respect for contracts);
          (3) respect internationally recognized human rights, 
        including the rights of minorities and the rights to 
        freedom of religion and emigration;
          (4) respect international law and obligations and 
        adhere to the Helsinki Final Act of the Conference on 
        Security and Cooperation in Europe and the Charter of 
        Paris, including the obligations to refrain from the 
        threat or use of force and to settle disputes 
        peacefully;
          (5) cooperate in seeking peaceful resolution of 
        ethnic and regional conflicts;
          (6) implement responsible security policies, 
        including--
                  (A) adhering to arms control obligations 
                derived from agreements signed by the former 
                Soviet Union;
                  (B) reducing military forces and expenditures 
                to a level consistent with legitimate defense 
                requirements;
                  (C) not proliferating nuclear, biological, or 
                chemical weapons, their delivery systems, or 
                related technologies; and
                  (D) restraining conventional weapons 
                transfers;
          (7) take constructive actions to protect the 
        international environment, prevent significant 
        transborder pollution, and promote sustainable use of 
        natural resources;
          (8) deny support for acts of international terrorism;
          (9) accept responsibility for paying an equitable 
        portion of the indebtedness to United States firms 
        incurred by the former Soviet Union;
          (10) cooperate with the United States Government in 
        uncovering all evidence regarding Americans listed as 
        prisoners-of-war, or otherwise missing during American 
        operations, who were detained in the former Soviet 
        Union during the Cold War; and
          (11) terminate support for the communist regime in 
        Cuba, including removal of troops, closing military and 
        intelligence facilities, including the military and 
        intelligence facilities at Lourdes and Cienfuegos,\640\ 
        and ceasing trade subsidies and economic, nuclear, and 
        other assistance.
---------------------------------------------------------------------------
    \640\ Sec. 106(b) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 795) struck out 
``of military facilities'' and inserted in lieu thereof ``military and 
intelligence facilities, including the military and intelligence 
facilities at Lourdes and Cienfuegos''.
    Sec. 111(b) of that Act (110 Stat. 802) further provided that: 
``Notwithstanding any other provision of law, the President shall 
withhold from assistance allocated on or after [March 12, 1996], for 
any country an amount equal to the sum of assistance and credits, if 
any, provided on or after [March 12, 1996] by that country or any 
entity in that country in support of the completion of the Cuban 
nuclear facility at Juragua, near Cienfuegos, Cuba.''.
---------------------------------------------------------------------------
    (b) \641\ Ineligibility for Assistance.--The President 
shall not provide assistance under this chapter--
---------------------------------------------------------------------------
    \641\ Sec. 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 paras. (1), 
(2), (3), and (5) of sec. 498A(b).
    See also in the Foreign Assistance Appropriations, 2006 (Public Law 
109-102; 119 Stat. 2172): title II, paragraph relating to assistance 
for the independent states of the former Soviet Union; sec. 517--
Independent States of the Former Soviet Union; and sec. 596, relating 
to allocation of appropriations according to stipulations in the 
conference report (H. Rept. 109-265, November 2, 2005) accompanying 
Public Law 109-102 (for allocation of Assistance for the Independent 
States of the Former Soviet Union, see p. 92).
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          (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 \642\ or 
        sections 306(a)(1) and 307 of the Chemical and 
        Biological Weapons Control and Warfare Elimination Act 
        of 1991; \642\, \643\
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    \642\ 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.''.
    \643\ For text of the Chemical and Biological Weapons Control and 
Warfare Elimination Act of 1991, see Legislation on Foreign Relations 
Through 2005, vol. II, sec. F.
---------------------------------------------------------------------------
          (5) \644\ 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
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    \644\ 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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          (6) \644\ 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) \645\ The President determines that furnishing 
        such assistance is important to the national interest 
        of the United States.
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    \645\ Sec. 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) \646\ 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.
---------------------------------------------------------------------------
    \646\ Sec. 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.
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          (3) \647\ The assistance is furnished for the 
        alleviation of suffering resulting from a natural or 
        man-made disaster.
---------------------------------------------------------------------------
    \647\ Sec. 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 para. (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) \648\ The assistance is provided under the 
        secondary school exchange program administered by the 
        United States Information Agency.
---------------------------------------------------------------------------
    \648\ 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) \649\ Reduction in Assistance for Support of 
Intelligence Facilities in Cuba.--
---------------------------------------------------------------------------
    \649\ Sec. 106(d)(2) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 797) added 
subsec. (d). Sec. 106(d)(1) of that Act further provided the following:
    ``(d) Facilities at Lourdes, Cuba.--
---------------------------------------------------------------------------

  ``(1) disapproval of credits.--The Congress expresses its strong 
disapproval of the extension by Russia of credits equivalent to 
$200,000,000 in support of the intelligence facility at Lourdes, Cuba, in 
November 1994.''.

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

SEC. 498B.\650\ 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.
---------------------------------------------------------------------------
    \650\ 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) \639\ 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 
\651\ 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.
---------------------------------------------------------------------------
    \651\ In Department of State Public Notice 1926 of December 10, 
1993, the Coordinator of U.S. Assistance to the New Independent States 
determined that the following enterprise funds should be established 
and supported under chapter 11 of part I of the Act: (1) The Russian-
American Enterprise Fund, (2) The Fund for Large Enterprise 
Restructuring, and (3) The Central Asia Regional Enterprise Fund (58 
F.R. 69441). Department of State Public Notice 1976 of March 23, 1994, 
determined that the Western NIS Enterprise Fund should be established 
and supported under chapter 11 of part I (59 F.R. 16255). Department of 
State Public Notice 2228 of June 23, 1995, determined that the U.S. 
Russia Investment Fund should be established and supported under 
chapter 11 of part I (61 F.R. 36176).
---------------------------------------------------------------------------
  (d) Cooperative Development and Research Projects.--
Assistance under this chapter may include support for 
cooperative development projects, including cooperative 
development research projects, among the United States, other 
countries, and independent states of the former Soviet Union.
  (e) Administration of Justice Programs.--In order to 
strengthen the administration of justice in the independent 
states of the former Soviet Union under paragraph (2)(J) \652\ 
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).
---------------------------------------------------------------------------
    \652\ 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) \639\ 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) \653\ Procurement Restrictions.--Funds made available for 
assistance under this chapter may be used for procurement--
---------------------------------------------------------------------------
    \653\ Sec. 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 secs. 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).
---------------------------------------------------------------------------
          (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 \654\ and sections 306 and 307 of 
                the Chemical and Biological Weapons Control and 
                Warfare Elimination Act of 1961,\655\ to the 
                extent that they apply to assistance to 
                governments; and
---------------------------------------------------------------------------
    \654\ 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.''.
    \655\ 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 2005, 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.\656\
---------------------------------------------------------------------------
    \656\ 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) shall not apply with respect to 
        funds used pursuant to this chapter.
  (k) Definitions.--
          (1) Appropriate congressional committees.--As used in 
        this chapter, the term ``appropriate congressional 
        committees'' means the Committee on Foreign Affairs 
        \657\ and the Committee on Appropriations of the House 
        of Representatives and the Committee on Foreign 
        Relations and the Committee on Appropriations of the 
        Senate.
---------------------------------------------------------------------------
    \657\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
          (2) Independent states of the former soviet union.--
        As used in this chapter, the terms ``independent states 
        of the former Soviet Union'' and ``independent states'' 
        have the meaning given those terms by section 3 of the 
        Freedom for Russia and Emerging Eurasian Democracies 
        and Open Markets Support Act of 1992.
          (3) \658\ 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--
---------------------------------------------------------------------------
    \658\ Sec. 106(c)(2) of the Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 796) added para. 
(3).
---------------------------------------------------------------------------
                  (A) exports to the Cuban Government on terms 
                that involve a grant, concessional price, 
                guaranty, insurance, or subsidy;
                  (B) imports from the Cuban Government at 
                preferential tariff rates;
                  (C) exchange arrangements that include 
                advance delivery of commodities, arrangements 
                in which the Cuban Government is not held 
                accountable for unfulfilled exchange contracts, 
                and arrangements under which Cuba does not pay 
                appropriate transportation, insurance, or 
                finance costs; and
                  (D) the exchange, reduction, or forgiveness 
                of debt of the Cuban Government in return for a 
                grant by the Cuban Government of an equity 
                interest in a property, investment, or 
                operation of the Cuban Government or of a Cuban 
                national.
          (4) Cuban government.--(A) The term ``Cuban 
        Government'' includes the government of any political 
        subdivision of Cuba, and any agency or instrumentality 
        of the Government of Cuba.
          (B) For purposes of subparagraph (A), the term 
        ``agency or instrumentality of the Government of Cuba'' 
        means an agency or instrumentality of a foreign state 
        as defined in section 1603(b) of title 28, United 
        States Code, with each reference in such section to ``a 
        foreign state'' deemed to be a reference to ``Cuba''.

SEC. 498C.\659\ 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.\660\
---------------------------------------------------------------------------
    \659\ 22 U.S.C. 2295c.
    \660\ Congress did not enact an authorization for fiscal year 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), waived the requirements 
for authorization, and titles II and V of that Act (119 Stat. 2182, 
2189, 2201), provided the following:
---------------------------------------------------------------------------

``assistance for the independent states of the former soviet union
---------------------------------------------------------------------------

    ``(a) For necessary expenses to carry out the provisions of 
chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 and 
the FREEDOM Support Act, for assistance for the Independent States of 
the former Soviet Union and for related programs, $514,000,000, to 
remain available until September 30, 2007: Provided, That the 
provisions of such chapters shall apply to funds appropriated by this 
paragraph: Provided further, That funds made available for the Southern 
Caucasus region may be used, notwithstanding any other provision of 
law, 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 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 Public Law 102-511 shall be subject to a 6 percent ceiling on 
administrative expenses.
    ``(b) Of the funds appropriated under this heading, not less than 
$50,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, 
environmental and reproductive health, and to combat HIV/AIDS, 
tuberculosis and other infectious diseases, and for related activities.
    ``(c) Of the funds appropriated under this heading that are made 
available for assistance for Ukraine, not less than $5,000,000 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.
    ``(d) Of the funds appropriated under this heading, $2,500,000 
shall be made available for the Business Information Service for the 
Newly Independent States.
    ``(e)(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.
---------------------------------------------------------------------------

    ``(f) 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 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, $410,100,000, 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 for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $37,500,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That 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 $705,000, 
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 funds appropriated under 
this heading that are available for `Anti-terrorism Assistance' and 
`Export Control and Border Security' shall remain available until 
September 30, 2007.
---------------------------------------------------------------------------

* * * * * * *

``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 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.
    ``(b) 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.
    ``(c) Funds appropriated under the heading `Assistance for the 
Independent States of the Former Soviet Union' for the Russian 
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    ``(d) 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.
    ``(e) 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 Europe and Eurasia 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 in that Act, sec. 515--Notification Requirements; sec. 
531--Financial Market Assistance in Transition Countries; and sec. 596, 
relating to allocation of appropriations according to stipulations in 
the conference report (H. Rept. 109-265, November 2, 2005) accompanying 
Public Law 109-102. See also the FREEDOM Support Act (Public Law 102-
511; 106 Stat. 3320), in Legislation on Foreign Relations Through 2005, 
vol. I-B.
    Title II of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 264, 265), provided the following:
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``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', $70,000,000, to remain available 
until September 30, 2006: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).
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* * * * * * *

``Nonproliferation, Anti-Terrorism, Demining and Related Programs
---------------------------------------------------------------------------

    ``For an additional amount for `Nonproliferation, Anti-Terrorism, 
Demining and Related Programs', $24,600,000, to remain available until 
September 30, 2006, of which not to exceed $7,500,000, 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, That the amount 
provided under this heading is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
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  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
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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) \661\ 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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    \661\ Sec. 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. 
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 \662\

SEC. 499.\663\ 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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    \662\ 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.
    \663\ 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.\664\ 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.
---------------------------------------------------------------------------
    \664\ 22 U.S.C. 2296a.
---------------------------------------------------------------------------
    (b) Authorization for Assistance.--To carry out the purpose 
of subsection (a), the President is authorized to provide 
assistance for the countries of the South Caucasus and Central 
Asia to support the activities described in subsection (c).
    (c) Activities Supported.--In addition to the activities 
described in section 498, activities supported by assistance 
under subsection (b) should support the development of the 
structures and means necessary for the growth of private sector 
economies based upon market principles.

SEC. 499B.\665\ DEVELOPMENT OF INFRASTRUCTURE.

    (a) Purpose of Programs.--The purposes of programs under 
this section include--
---------------------------------------------------------------------------
    \665\ 22 U.S.C. 2296b.
---------------------------------------------------------------------------
          (1) to develop the physical infrastructure necessary 
        for regional cooperation among the countries of the 
        South Caucasus and Central Asia; and
          (2) to encourage closer economic relations and to 
        facilitate the removal of impediments to cross-border 
        commerce among those countries and the United States 
        and other developed nations.
    (b) Authorization for Programs.--To carry out the purposes 
of subsection (a), the following types of programs for the 
countries of the South Caucasus and Central Asia may be used to 
support the activities described in subsection (c):
          (1) Activities by the Export-Import Bank to complete 
        the review process for eligibility for financing under 
        the Export-Import Bank Act of 1945.
          (2) The provision of insurance, reinsurance, 
        financing, or other assistance by the Overseas Private 
        Investment Corporation.
          (3) Assistance under section 661 of this Act 
        (relating to the Trade and Development Agency).
    (c) Activities Supported.--Activities that may be supported 
by programs under subsection (b) include promoting actively the 
participation of United States companies and investors in the 
planning, financing, and construction of infrastructure for 
communications, transportation, including air transportation, 
and energy and trade including highways, railroads, port 
facilities, shipping, banking, insurance, telecommunications 
networks, and gas and oil pipelines.

SEC. 499C.\666\ 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.
---------------------------------------------------------------------------
    \666\ 22 U.S.C. 2296c.
---------------------------------------------------------------------------
    (b) \667\ 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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    \667\ Sec. 516 of the Security Assistance Act of 2000 (Public Law 
106-280; 114 Stat. 859) provided the following:
---------------------------------------------------------------------------

``sec. 516. border security and territorial independence.
---------------------------------------------------------------------------

    ``(a) GUUAM Countries and Armenia.--For the purpose of carrying out 
section 499C of the Foreign Assistance Act of 1961 and assisting GUUAM 
countries and Armenia to strengthen national control of their borders 
and to promote the independence and territorial sovereignty of such 
countries, the following amounts are authorized to be made available 
for fiscal years 2001 and 2002:
---------------------------------------------------------------------------

  ``(1) $5,000,000 for fiscal year 2001 and $20,000,000 for fiscal year 
2002 are of the amounts made available under section 23 of the Arms Export 
Control Act (22 U.S.C. 2763).

  ``(2) $2,000,000 for fiscal year 2001 and $10,000,000 for fiscal year 
2002 of the amounts made available under chapter 9 of part II of the 
Foreign Assistance Act of 1961, as added by section 301.

  ``(3) $500,000 for fiscal year 2001 and $5,000,000 for fiscal year 2002 
of the amounts made available to carry out chapter 5 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).

  ``(4) $1,000,000 for fiscal year 2001 and $2,000,000 for fiscal year 2002 
of the amounts made available to carry out chapter 8 of part II of the 
Foreign Assistance Act.
---------------------------------------------------------------------------

    ``(b) GUUAM Countries Defined.--In this section, the term `GUUAM 
countries' means the group of countries that signed a protocol on 
quadrilateral cooperation on November 25, 1997, together with 
Uzbekistan.''.
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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.\668\ 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.
---------------------------------------------------------------------------
    \668\ 22 U.S.C. 2296d.
---------------------------------------------------------------------------
    (b) Authorization for Assistance.--To carry out the purpose 
of subsection (a), the President is authorized to provide the 
following types of assistance to the countries of the South 
Caucasus and Central Asia:
          (1) Assistance for democracy building, including 
        programs to strengthen parliamentary institutions and 
        practices.
          (2) Assistance for the development of nongovernmental 
        organizations.
          (3) Assistance for development of independent media.
          (4) Assistance for the development of the rule of 
        law, a strong independent judiciary, and transparency 
        in political practice and commercial transactions.
          (5) International exchanges and advanced professional 
        training programs in skill areas central to the 
        development of civil society.
          (6) Assistance to promote increased adherence to 
        civil and political rights under section 116(e) of this 
        Act.
    (c) Activities Supported.--Activities that may be supported 
by assistance under subsection (b) include activities that are 
designed to advance progress toward the development of 
democracy.

SEC. 499E.\669\ ADMINISTRATIVE AUTHORITIES.

    (a) Assistance Through Governments and Nongovernmental 
Organizations.--Assistance under this chapter may be provided 
to governments or through nongovernmental organizations.
---------------------------------------------------------------------------
    \669\ 22 U.S.C. 2296e.
---------------------------------------------------------------------------
    (b) Use of Economic Support Funds.--Except as otherwise 
provided, any funds that have been allocated under chapter 4 of 
part II for assistance for the independent states of the former 
Soviet Union may be used in accordance with the provisions of 
this chapter.
    (c) Terms and Conditions.--Assistance under this chapter 
shall be provided on such terms and conditions as the President 
may determine.
    (d) Available Authorities.--The authority in this chapter 
to provide assistance for the countries of the South Caucasus 
and Central Asia is in addition to the authority to provide 
such assistance under the FREEDOM Support Act (22 U.S.C. 5801 
et seq.) or any other Act, and the authorities applicable to 
the provision of assistance under chapter 11 may be used to 
provide assistance under this chapter.

SEC. 499F.\670\ DEFINITIONS.

    In this chapter:
---------------------------------------------------------------------------
    \670\ 22 U.S.C. 2296f.
---------------------------------------------------------------------------
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Foreign Relations of the Senate and the 
        Committee on International Relations of the House of 
        Representatives.
          (2) Countries of the south caucasus and central 
        asia.--The term ``countries of the South Caucasus and 
        Central Asia'' means Armenia, Azerbaijan, Georgia, 
        Kazakstan, Kyrgyzstan, Tajikistan, Turkmenistan, and 
        Uzbekistan.

                             PART II \671\

                        Chapter 1--Policy \672\

    Sec. 501.\673\ 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.
---------------------------------------------------------------------------
    \671\ 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.
    \672\ 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''.
    \673\ 22 U.S.C. 2301. Former sec. 502 was designated sec. 501 by 
sec. 201(a)(1) of the FA Act of 1967 (Public Law 90-137). Former sec. 
501, which related to the short title, was repealed by sec. 201(b) of 
the FA Act of 1963 (Public Law 88-205).
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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 \674\ 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.
---------------------------------------------------------------------------
    \674\ Sec. 705(1)(A) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``international communism and the countries it 
controls'' and inserted in lieu thereof ``hostile countries''.
---------------------------------------------------------------------------
    It is the sense of the Congress that an important 
contribution toward peace would be made by the establishment 
under the Organization of American States of an international 
military force.
    In enacting this legislation, it is therefore the intention 
of the Congress to promote the peace of the world and the 
foreign policy, security, and general welfare of the United 
States by fostering an improved climate of political 
independence and individual liberty, improving the ability of 
friendly countries and international organizations to deter or, 
if necessary, defeat \675\ 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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    \675\ Sec. 705(1)(B) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``Communist or Communist-supported'' from this 
point.
---------------------------------------------------------------------------
    It is the sense of the Congress that in the administration 
of this part priority shall be given to the needs of those 
countries in danger of becoming victims of \676\ aggression or 
in which the internal security is threatened by internal 
subversion inspired or supported by hostile countries.
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    \676\ 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 (Public Law 90-137).
---------------------------------------------------------------------------
    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.\677\ Utilization of Defense Articles and 
Services.--Defense articles and defense services \678\ to any 
country shall be furnished solely for internal security 
(including for antiterrorism and nonproliferation 
purposes),\679\ 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,\680\ 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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    \677\ 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 (Public 
Law 90-137).
    \678\ 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 (Public Law 90-137).
    \679\ 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''.
    \680\ Sec. 201(c)(1) of the FA Act of 1965 (Public Law 89-171) 
struck out a colon and added the remainder of this section from this 
point.
---------------------------------------------------------------------------
    Sec. 502A.\681\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \681\ 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.\682\ Human Rights.--(a)(1) \683\ 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.
---------------------------------------------------------------------------
    \682\ 22 U.S.C. 2304. Sec. 502B, which was added by sec. 46 of the 
FA Act of 1974 (Public Law 93-559), 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.''.
    \683\ Sec. 6(a) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 731) amended and restated para. (1).
---------------------------------------------------------------------------
    (2) \684\ 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 \685\ 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.\686\
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    \684\ Sec. 6(b) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 731) struck out ``It is further the 
policy of the United States that,'' at this point.
    \685\ Sec. 704 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3157) struck out 
``Export Administration Act of 1969'' and inserted in lieu thereof 
``Export Administration Act of 1979''.
    \686\ Sec. 6 of the International Security Assistance Act of 1978 
(Public Law 95-384; 92 Stat. 731, 732) added the final two sentences.
---------------------------------------------------------------------------
    (3) In furtherance of paragraphs (1) and (2),\687\ 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.
---------------------------------------------------------------------------
    \687\ Sec. 6(e) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 732) struck out ``the foregoing 
policy'' and inserted in lieu thereof ``paragraphs (1) and (2),''.
---------------------------------------------------------------------------
    (4) \688\ 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--
---------------------------------------------------------------------------
    \688\ Sec. 421(b) of the International Religious Freedom Act of 
1998 (Public Law 105-292; 112 Stat. 2810) added para. (4).
---------------------------------------------------------------------------
          (A) has engaged in or tolerated particularly severe 
        violations of religious freedom, as defined in section 
        3 of the International Religious Freedom Act of 1998; 
        or
          (B) has failed to undertake serious and sustained 
        efforts to combat particularly severe violations of 
        religious freedom when such efforts could have been 
        reasonably undertaken.
    (b) The Secretary of State shall transmit to the Congress, 
as part of the presentation materials for security assistance 
programs proposed for each fiscal year, a full and complete 
report, prepared with the assistance of the Assistant Secretary 
of State for Democracy, Human Rights, and Labor \689\ and with 
the assistance of the Ambassador at Large for International 
Religious Freedom,\690\ 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).\691\ Wherever applicable, such 
report shall include information on practices regarding 
coercion in population control, including coerced abortion and 
involuntary sterilization.\692\ 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).\693\ Wherever applicable, a description 
of the nature and extent of acts of anti-Semitism and anti-
Semitic incitement that occur, including the descriptions of 
such acts required under section 116(d)(8).\694\ 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.\695\ 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.\696\ 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.\697\ 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.\698\ 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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    \689\ Sec. 162(e)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck 
out ``Human Rights and Humanitarian Affairs'' and inserted in 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''.
    \690\ 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''.
    \691\ 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), added the sentence beginning ``Wherever applicable'' 
referring to war crimes and crimes of genocide.
    \692\ Sec. 127 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1331) added the 
sentence beginning ``Wherever applicable'' referring to coercive 
population control.
    \693\ 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''.
    \694\ Sec. 6(a)(2) of the Global Anti-Semitism Review Act of 2004 
(Public Law 108-332; 118 Stat. 1285) added the sentence that refers to 
sec. 116(d)(8).
    \695\ 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.''.
    \696\ 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.
    \697\ 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.
    \698\ 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 \699\ 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,\689\ with respect to the country designated in such 
request, setting forth--
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    \699\ 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,\700\ and other 
        flagrant denial of the right to life, liberty, or the 
        security of person; and
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    \700\ Sec. 701(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3156) inserted 
``causing the disappearance of persons by the abduction and clandestine 
detention of those persons,''.
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          (2) the term ``security assistance'' means--
                  (A) assistance under chapter 2 (military 
                assistance) or chapter 4 (economic support 
                fund) \701\ or chapter 5 (military education 
                and training) or chapter 6 (peacekeeping 
                operations) or chapter 8 (antiterrorism 
                assistance) of this part; \702\
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    \701\ Sec. 10(b)(1) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 735) struck out ``security supporting 
assistance'' and inserted in lieu thereof ``economic support fund''.
    \702\ Sec. 12(b) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 737) added ``or chapter 6 
(peacekeeping operations)'' and struck out ``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),\703\ and guaranties of loans under 
                the Arms Export Control Act; or
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    \703\ While the printed slip law did not include a close 
parentheses in subpara. (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) \704\ 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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    \704\ Sec. 511 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 380) added subsec. (e).
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    (f) \705\ 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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    \705\ Sec. 4 of the International Security Assistance Act of 1979 
(Public Law 96-92; 93 Stat. 702) added subsec. (f).
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    (g) \706\ 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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    \706\ Sec. 1201 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 276) added subsec. 
(g).
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    (h) \707\ (1) The report required by subsection (b) shall 
include the following:
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    \707\ 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.\708\ General Authority.--(a) The President is 
authorized to furnish military assistance, on such terms and 
conditions as he may determine,\709\ 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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    \708\ 22 U.S.C. 2311. Sec. 12(b)(1) of the FA Act of 1973 (Public 
Law 93-189) amended and restated 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.''.
    \709\ In 2004, the President determined ``that the furnishing of 
defense articles and services to the RSS [Regional Security System] 
will strengthen the security of the United States and promote world 
peace'' (Presidential Determination No. 2004-20 of January 5, 2004; 69 
F.R. 2477). The President made a similar determination to provide 
defense articles and services to Iraq (Presidential Determination No. 
2004-40 of July 21, 2004; 69 F.R. 46399), and for the African Union 
(Presidential Determination No. 2004-50 of September 24, 2004; 69 F.R. 
58789).
    In 2003, the President made a similar determination for Serbia and 
Montenegro (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) \710\ transferring such of the funds appropriated 
        or otherwise made available under this chapter as the 
        President may determine for assistance to a recipient 
        country,\711\ 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 \712\ shall 
        be priced to exclude the costs of salaries of members 
        of the Armed Forces of the United States (other than 
        the Coast Guard).\712\
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    \710\ Sec. 112(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3138) added para. 
(3).
    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).
    \711\ Sec. 110(c) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1536) struck out 
``specified in section 504(a)(1) of this Act, within the dollar 
limitations of that section'' and inserted in lieu thereof ``country''.
    \712\ Sec. 123(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 205) added this 
sentence. 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) \713\ 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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    \713\ Sec. 109(c) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1536) amended and 
restated para. (5). 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.\714\ Authorization.--(a) \715\ (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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    \714\ 22 U.S.C. 2312.
    \715\ Sec. 103 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195) amended and 
restated subsec. (a).
    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 2006--no authorization.
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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.\716\ 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 
\717\ shall be furnished to any country on a grant basis unless 
it shall have agreed that--
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    \716\ 22 U.S.C. 2314. Former sec. 506 was redesignated sec. 505 by 
sec. 201(e) of the FA Act of 1967 (Public Law 90-137).
    \717\ 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 \717\ 
                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 \717\ by gift, sale, or 
                otherwise, or
                  (C) use or permit the use of such articles or 
                related training or other defense service \717\ 
                for purposes other than those for which 
                furnished;
          (2) it will maintain the security of such articles or 
        related training or other defense service,\717\ and 
        will provide substantially the same degree of security 
        protection afforded to such articles or related 
        training or other defense service \717\ 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; 
        \717\ 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 \717\ 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 \718\ the defensive strength of the free 
        world;
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    \718\ Sec. 201(b) of the FA Act of 1971 (Public Law 92-226) struck 
out ``and'' and inserted in lieu thereof ``or''.
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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) \719\ 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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    \719\ Sec. 201(a) of the FA Act of 1962 (Public Law 87-565) added 
subsecs. (c) and (d).
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    (d) \719\, \720\ (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,\721\ 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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    \720\ Sec. 304(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 751) amended 
and restated 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.''.
    \721\ For text, see Legislation on Foreign Relations Through 2005, 
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) \722\ 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.\723\ 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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    \722\ The Foreign Assistance Act of 1971 (Public Law 92-226) 
repealed a former subsec. (e), relating to conditions of eligibility. 
New subsecs. (e) and (f) were added by sec. 12(3) of the FA Act of 1973 
(Public Law 93-189).
    \723\ 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) \722\ 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.\724\ In the case of items which were 
delivered prior to 1985,\725\ 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.\726\
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    \724\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. E.
    \725\ 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''.
    \726\ Sec. 123(b) of the International Security Cooperation and 
Development Act of 1985 (Public Law 99-83; 99 Stat. 205) added the last 
sentence.
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    (g) \727\ (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.
---------------------------------------------------------------------------
    \727\ Sec. 302(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 751) added 
subsec. (g).
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    (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 
\728\ 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,\729\ with respect to the country designated in such 
request, setting forth--
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    \728\ 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''.
    \729\ Sec. 162(e)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), struck 
out ``Human Rights and Humanitarian Affairs'' and inserted in 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''.
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          (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.\730\ Special Authority.--(a)(1) \731\ If the 
President determines and reports to the Congress in accordance 
with section 652 of this Act that--
---------------------------------------------------------------------------
    \730\ 22 U.S.C. 2318. Former sec. 510 was redesignated sec. 506 by 
sec. 201(j)(1) of the FA Act of 1967 (Public Law 90-137). 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).
    \731\ Sec. 551 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1236), inserted the para. designation ``(1)'', redesignated 
former para. (1) and (2) as subparas. (A) and (B), and inserted a new 
``(2)(A)'' and ``(B)''.
    Pursuant to sec. 506 of this Act, on January 4, 2005, the President 
determined that ``it is in the national interest of the United States 
to draw down articles and services from the inventory and resources of 
the Department of Defense, for the purpose of providing international 
disaster relief assistance to countries affected by the Asian tsunami. 
I therefore direct the drawdown of up to $65 million of defense 
articles and services from the inventory and resources of the 
Department of Defense for these countries for the purposes and under 
the authorities of chapter 9 of part I of the FAA related to 
international disaster assistance''. Disaster assistance was provided 
to Indonesia, Thailand, Sri Lanka, India, Maldives, Malaysia, Burma, 
Kenya, Somalia, Tanzania, Bangladesh, and the Seychelles (Presidential 
Determination No. 2005-16; 70 F.R. 1787).
    Pursuant to sec. 506 of this Act and provisions of the Afghanistan 
Freedom Support Act, on January 27, 2005, the President directed ``the 
drawdown of up to $88.5 million of defense articles, defense services, 
and military education and training from the Department of Defense for 
the Government of Afghanistan.'' (Presidential Determination No. 2005-
19; 70 F.R. 6549). On June 15, 2005, the President directed a similar 
drawdown for ``up to $161.5 million'' from the Department of Defense 
for the Islamic Republic of Afghanistan (Presidential Determination No. 
2005-25; 70 F.R. 36807).
    Pursuant to sec. 506, on July 12, 2005, the President directed 
``the drawdown of up to $10 million of articles, services, military 
education, and training from the inventory and resources of the 
Department of Defense for the Philippines'' to provide anti-terrorism 
assistance (Presidential Determination No. 2005-28; 70 F.R. 41929).
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          (A) \731\ an unforeseen emergency exists which 
        requires immediate military assistance to a foreign 
        country or international organization; and
          (B) \731\ 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.\732\
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    \732\ 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) \731\ 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--\733\
---------------------------------------------------------------------------
    \733\ 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); 
                        \734\
---------------------------------------------------------------------------
    \734\ 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 \735\ 
        $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--
---------------------------------------------------------------------------
    \735\ 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 \728\ 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.\736\
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    \736\ Sec. 103(b)(3) of Public Law 104-164 (110 Stat. 1424) added 
this sentence.
---------------------------------------------------------------------------
    (2) The President shall keep the Congress fully and 
currently informed of all defense articles, defense services, 
and military education and training provided under this 
section, including providing the Congress with a report 
detailing all defense articles, defense services, and military 
education and training delivered to the recipient country or 
international organization upon delivery of such articles or 
upon completion of such services or education and training. 
Such report shall also include whether any savings were 
realized by utilizing commercial transport services rather than 
acquiring those services from United States Government 
transport assets.\737\
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    \737\ Sec. 576(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2433), added ``, including providing the Congress with a report 
detailing all defense articles, defense services, and military 
education and training delivered to the recipient country or 
international organization upon delivery of such articles or upon 
completion of such services or education and training. Such report 
shall also include whether any savings were realized by utilizing 
commercial transport services rather than acquiring those services from 
United States Government transport assets.''.
---------------------------------------------------------------------------
    (c) \738\ 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.
---------------------------------------------------------------------------
    \738\ 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, 2006 (Public Law 109-102; 119 Stat. 2191), 
provided the following:
---------------------------------------------------------------------------

``foreign military financing program
---------------------------------------------------------------------------

    ``For expenses necessary for grants to enable the President to 
carry out the provisions of section 23 of the Arms Export Control Act, 
$4,500,000,000: Provided, That of the funds appropriated under this 
heading, not less than $2,280,000,000 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 $595,000,000 shall be available 
for the procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That of the funds 
appropriated by this paragraph, $210,000,000 shall be made available 
for assistance for Jordan: Provided further, That funds appropriated or 
otherwise made available 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 Guatemala: Provided further, That none of the funds 
appropriated under this heading may be made available for assistance 
for Haiti except pursuant to the regular notification procedures of the 
Committees on Appropriations: Provided further, That funds made 
available under this heading may be used, notwithstanding any other 
provision of law, for demining, the clearance of unexploded ordnance, 
and related activities, and may include activities implemented through 
nongovernmental and international organizations: Provided further, That 
only those countries for which assistance was justified for the 
`Foreign Military Sales Financing Program' in the fiscal year 1989 
congressional presentation for security assistance programs may utilize 
funds made available under this heading for procurement of defense 
articles, defense services or design and construction services that are 
not sold by the United States Government under the Arms Export Control 
Act: Provided further, That 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 
$42,500,000 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 $373,000,000 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 2006 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 
2006 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.''.
    Also in that Act, see sec. 505--Limitation on Representational 
Allowances; sec. 515--Notification Requirements; sec. 521--Definition 
of Program, Project, and Activity; sec. 548--Prohibition of Payment of 
Certain Expenses; sec. 549--Haiti; sec. 584--Reporting Requirement; 
sec. 591--Security in Asia; sec. 592--Nepal; sec. 599F--Indonesia; and 
sec. 596, relating to allocation of appropriations according to 
stipulations in the conference report (H. Rept. 109-265, November 2, 
2005) accompanying Public Law 109-102 (for allocation of Foreign 
Military Financing Program, see p. 102).
    Title II of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 265), provided the following:
---------------------------------------------------------------------------

``MILITARY ASSISTANCE

``FUNDS APPROPRIATED TO THE PRESIDENT

``Foreign Military Financing Program
---------------------------------------------------------------------------

    ``For an additional amount for `Foreign Military Financing 
Program', $250,000,000: Provided, That the amount provided under this 
heading is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 (108th 
Congress).''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
---------------------------------------------------------------------------
    (d) \738\ 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.\739\ Restrictions on Military Aid to Latin 
America. * * * [Repealed--1973]
---------------------------------------------------------------------------
    \739\ Sec. 12(b)(5) of the FA Act of 1973 (Public Law 93-189) 
repealed secs. 507, 508, and 509.
---------------------------------------------------------------------------
    Sec. 508.\739\ Restrictions on Military Aid to Africa. * * 
* [Repealed--1973]
    Sec. 509.\739\ Certification of Recipient's Capability. * * 
* [Repealed--1973]
    Sec. 510.\740\ Restrictions on Training Foreign Military 
Students. * * * [Repealed--1976]
---------------------------------------------------------------------------
    \740\ Sec. 106(b) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) repealed 
sec. 510.
---------------------------------------------------------------------------
    Sec. 511.\741\ Considerations in Furnishing Military 
Assistance.--Decisions to furnish military assistance made 
under this part shall take into account \742\ whether such 
assistance will--
---------------------------------------------------------------------------
    \741\ 22 U.S.C. 2321d. Sec. 201(f) of the FA Act of 1971 (Public 
Law 92-226) added sec. 511.
    \742\ 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.\743\ Military Assistance Advisory Groups and 
Missions. * * * [Repealed--1973]
---------------------------------------------------------------------------
    \743\ Sec. 12(5) of the FA Act of 1973 (Public Law 93-189) repealed 
sec. 512.
---------------------------------------------------------------------------
    Sec. 513.\744\ Military Assistance Authorizations for 
Thailand and Laos, and South Vietnam. * * * [Repealed--1981]
---------------------------------------------------------------------------
    \744\ Sec. 513, as added by sec. 20(f) of the FA Act of 1971 
(Public Law 92-226) and amended by sec. 12(6)(B) of the FA Act of 1973 
(Public Law 93-189) and sec. 12 of the FA Act of 1974 (Public Law 93-
559), and 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.\745\ 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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    \745\ 22 U.S.C. 2321h. Sec. 201(f) of Public Law 92-226 (86 Stat. 
26) added the original sec. 514, which concerned special foreign 
country accounts. Sec. 12(b) of Public Law 93-189 (87 Stat. 722) 
repealed the sec. 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.''.
    Sec. 1303(b) of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1669) struck out subsec. (e) 
to this section. Subsec. (e) formerly read as follows:
    ``(e) The President shall promptly report to the Congress each new 
stockpile, or addition to an existing stockpile, described in this 
section of defense articles valued in excess of $10,000,000 in any 
fiscal year.''.
    Sec. 12001 of the Department of Defense Appropriations Act, 2005 
(Public Law 108-287; 118 Stat. 1011) provided the following:
    ``Sec. 12001. (a)(1) Notwithstanding section 514 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321h), the President may transfer to 
Israel, in exchange for concessions to be negotiated by the Secretary 
of Defense, with the concurrence of the Secretary of State, any or all 
of the items described in paragraph (2).
    ``(2) The items referred to in paragraph (1) are armor, artillery, 
automatic weapons ammunition, missiles, and other munitions that--
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  ``(A) are obsolete or surplus items;

  ``(B) are in the inventory of the Department of Defense;

  ``(C) are intended for use as reserve stocks for Israel; and

  ``(D) as of the date of enactment of this Act, are located in a stockpile 
in Israel.
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    ``(b) The value of concessions negotiated pursuant to subsection 
(a) shall be at least equal to the fair market value of the items 
transferred. The concessions may include cash compensation, services, 
waiver of charges otherwise payable by the United States, and other 
items of value.
    ``(c) Not later than 30 days before making a transfer under the 
authority of this section, the President shall transmit a notification 
of the proposed transfer to the Committees on Foreign Relations and 
Armed Services of the Senate and the Committees on International 
Relations and Armed Services of the House of Representatives. The 
notification shall identify the items to be transferred and the 
concessions to be received.
    ``(d) No transfer may be made under the authority of this section 
more than 2 years after the date of the enactment of this Act.''.
    See also sec. 112 of the Security Assistance Act of 2000 (Public 
Law 106-280; 114 Stat. 850), in Legislation on Foreign Relations 
Through 2005, vol. I-B. See also, in this volume, Public Law 109-159 
(119 Stat. 2955), relating to providing defense articles and defense 
services to the Republic of Korea.
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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) \746\ in stockpiles 
located in foreign countries may not exceed in any fiscal year 
an amount that \747\ is specified in security assistance 
authorizing legislation for that fiscal year.
---------------------------------------------------------------------------
    \746\ 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''.
    \747\ Sec. 587(b)(1) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1253), struck out ``greater than'' and inserted in lieu thereof 
``that'' at this point.
---------------------------------------------------------------------------
    (2) \748\ (A) The value of such additions to stockpiles of 
defense articles in foreign countries shall not exceed 
$100,000,000 for each of fiscal years 2004 and 2005.
---------------------------------------------------------------------------
    \748\ Sec. 12002(1) of the Department of Defense Appropriations 
Act, 2005 (Public Law 108-287; 118 Stat. 1011) struck out ``for fiscal 
year 2003'' and inserted in lieu thereof ``for each of fiscal years 
2004 and 2005''.
    Previously, 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 paragraph 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 
paragraph 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) \749\ Of the amount specified in subparagraph (A) for a 
fiscal year, not more than $100,000,000 may be made available 
for stockpiles in the State of Israel.
---------------------------------------------------------------------------
    \749\ Sec. 12002(2) of the Department of Defense Appropriations 
Act, 2005 (Public Law 108-287; 118 Stat. 1011) struck out ``for fiscal 
year 2003'' and inserted in lieu thereof ``for a fiscal year''.
    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) \750\ Location of Stockpiles of Defense Articles.--
---------------------------------------------------------------------------
    \750\ 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.
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          (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.\751\ 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:
---------------------------------------------------------------------------
    \751\ 22 U.S.C. 2321i. Sec. 515, as amended by sec. 16 of FA Act of 
1974 (Public Law 93-559), sec. 104 of Public Law 94-329, sec. 7(c) of 
Public Law 95-92, sec. 9 of Public Law 95-424, sec. 7 of Public Law 95-
92, and sec. 114 of Public Law 96-533, was comprehensively amended and 
restated by sec. 112 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1527).
---------------------------------------------------------------------------
          (1) equipment and services case management;
          (2) training management;
          (3) program monitoring;
          (4) evaluation and planning of the host government's 
        military capabilities and requirements;
          (5) administrative support;
          (6) promoting rationalization, standardization, 
        interoperability, and other defense cooperation 
        measures; \752\ and
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    \752\ Sec. 143 of Public Law 104-164 (110 Stat. 1434) struck out 
``among members of the North Atlantic Treaty Organization and with the 
Armed Forces of Japan, Australia, and New Zealand'' after ``measures''.
---------------------------------------------------------------------------
          (7) liaison functions exclusive of advisory and 
        training assistance.
    (b) Advisory and training assistance conducted by military 
personnel assigned under this section shall be kept to an 
absolute minimum. It is the sense of the Congress that advising 
and training assistance in countries to which military 
personnel are assigned under this section shall be provided 
primarily by other personnel who are not assigned under this 
section and who are detailed for limited periods to perform 
specific tasks.
    (c)(1) The number of members of the Armed Forces assigned 
to a foreign country under this section may not exceed six 
unless specifically authorized by the Congress. The President 
may waive this limitation if he determines and reports to the 
Committee on Foreign Relations of the Senate and the Committee 
on Foreign Affairs \728\ 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,\753\ 
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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    \753\ 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 \728\ of the 
House of Representatives are notified 30 days in advance of the 
introduction of the additional military personnel.
    (d) Effective October 1, 1989,\754\ the entire costs 
(excluding \755\ salaries of the United States military 
personnel other than the Coast Guard) \755\ 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,\756\ 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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    \754\ Sec. 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''.
    \755\ Sec. 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.
    \756\ 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.\757\ 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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    \757\ 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, 2006 (Public Law 109-102; 119 Stat. 2204), 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,\758\ 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.\759\
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    \758\ 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,''.
    \759\ 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 \760\ shall be given priority to the 
        maximum extent feasible over the delivery of such 
        excess defense articles to other countries.
---------------------------------------------------------------------------
    \760\ 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) \761\ Transportation and Related Costs.--
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    \761\ Sec. 571 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2229), provided the following:
---------------------------------------------------------------------------

``excess defense articles for central and south european countries and 
certain other countries
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    ``Sec. 571. Notwithstanding section 516(e) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2006, 
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, Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian 
Republic of Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, 
Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, 
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.''.
    See also sec. 1231 of the Security Assistance Act of 2002 (division 
B of Public Law 107-228; 116 Stat. 1432), providing excess defense 
articles for certain countries during fiscal year 2003. See also sec. 
1701 of that Act (116 Stat. 1463), authorizing the transfer of naval 
vessels to certain countries. See also sec. 105 of Public Law 104-164 
(110 Stat. 1427), as amended, providing excess defense articles for 
certain european countries during fiscal years 2002 and 2003. 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), providing excess defense articles for central and southern 
european countries and certain other countries during fiscal years 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 2005, vol. I-B.
---------------------------------------------------------------------------
          (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 \762\ pounds; and
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    \762\ 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) \761\, \763\ Advance Notification to 
Congress for Transfer of Certain Excess Defense Articles.--
---------------------------------------------------------------------------
    \763\ 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) \764\ Aggregate Annual Limitation.--
---------------------------------------------------------------------------
    \764\ 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.\765\
---------------------------------------------------------------------------
    \765\ 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.\766\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \766\ 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.\767\ DESIGNATION OF MAJOR NON-NATO ALLIES.

    (a) Notice to Congress.--The President shall notify the 
Congress \768\ in writing at least 30 days before--
---------------------------------------------------------------------------
    \767\ 22 U.S.C. 2321k. Added by sec. 147(a)(1) of Public Law 104-
164 (110 Stat. 1434).
    \768\ 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).
    On March 14, 2002, the President notified Congress that he 
designated the Kingdom of Bahrain 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. 2002-10; 67 F.R. 
13247).
    On October 6, 2003, the President notified Congress that he 
designated the Republic of the Philippines 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. 2004-02; 68 
F.R. 59855).
    On December 30, 2003, the President notified Congress that he 
designated the Kingdom of Thailand 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. 2004-16; 69 F.R. 
2053).
    On January 15, 2004, the President notified Congress that he 
designated the State of Kuwait 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. 2004-21; 69 F.R. 4843).
    On June 3, 2004, the President notified Congress that he designated 
the Kingdom of Morocco 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. 2004-35; 69 F.R. 34049).
    On June 16, 2004, the President notified Congress that he 
designated the Islamic Republic of Pakistan 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. 2004-37; 69 
F.R. 38797).
    Effective August 29, 2005, the Department of State added two new 
sections to the International Traffic in Arms Regulations (22 CFR Part 
120) to define ``North Atlantic Treaty Organization'' as ``Belgium, 
Bulgaria, Canada, Czech Republic, Denmark, Estonia, France, Germany, 
Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, The 
Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, 
Spain, Turkey, United Kingdom and the United States'' (22 CFR Part 
120.31) and to define ''Major non-NATO ally'' as ``a country that is 
designated in accordance with section 517 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2321k) as a major non-NATO ally for purposes of the 
Foreign Assistance Act of 1961 and the Arms Export Control Act (22 
U.S.C. 2751 et seq.) (22 U.S.C. 2403(q)). The following countries have 
been designated as major non-NATO allies: Argentina, Australia, 
Bahrain, Egypt, Israel, Japan, Jordan, Kuwait, Morocco, New Zealand, 
Pakistan, the Philippines, Thailand, and Republic of Korea. 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)). (Department of State Public Notice 5176; 70 F.R. 
50958).
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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.\769\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \769\ 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.\770\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \770\ Formerly at 22 U.S.C. 2321m. Sec. 104(b)(2)(B) of Public Law 
104-164 (110 Stat. 1427) repealed sec. 519, relating to modernization 
of military capabilities. The section was originally added by sec. 596 
of Public Law 101-513 (104 Stat. 2061).
---------------------------------------------------------------------------
    Sec. 520.\771\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \771\ Formerly at 22 U.S.C. 2321n. Sec. 104(b)92)(B) of Public Law 
104-164 (110 Stat. 1427) repealed sec. 520, relating to transfers of 
excess defense articles for international peacekeeping operations. The 
section was originally added by sec. 408 of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 452).
---------------------------------------------------------------------------

                Chapter 3--Foreign Military Sales \772\

    Sec. 521.\773\ Administration of Sales Programs Involving 
Defense Articles and Services. * * * [Repealed--1968]
---------------------------------------------------------------------------
    \772\ Sec. 201(o)(2) of the FA Act of 1967 (Public Law 90-137) 
added the chapter heading.
    \773\ Sec. 45(a) of the Foreign Military Sales Act (Public Law 90-
629) repealed secs. 521, 522, and 523.
---------------------------------------------------------------------------
    Sec. 522.\773\ Sales from Stock. * * * [Repealed--1968]
    Sec. 523.\773\ Procurement of Sales. * * * [Repealed--1968]
    Sec. 524.\774\ Reimbursements.--(a) \775\ Whenever funds 
made available for use under this part have been or \776\ 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 
\777\ shall be credited to a separate fund account \778\ and, 
shall be available until expended solely for the purposes of 
financing sales and guaranties, including the overhead costs 
thereof,\779\ 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.\780\
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    \774\ 22 U.S.C. 2344. Former sec. 508 was redesignated sec. 524 by 
sec. 201(h)(1) of the FA Act of 1967 (Public Law 90-137).
    \775\ Sec. 201(h)(2) of the FA Act of 1967 (Public Law 90-137) 
added subsec. designation ``(a)'' and added subsec. (b).
    \776\ Sec. 201(e)(1) of the FA Act of 1965 (Public Law 89-171) 
inserted ``have been or''.
    \777\ Sec. 201(e)(2) of the FA Act of 1965 (Public Law 89-171) 
inserted ``receipts received from the disposition of evidences of 
indebtedness and charges (including fees and premiums) or interest 
collected''.
    \778\ Sec. 201(e)(3) of the FA Act of 1965 (Public Law 89-171) 
struck out ``the current applicable appropriation'' and inserted in 
lieu thereof ``a separate fund account''.
    \779\ Sec. 201(e)(1) of the FA Act of 1965 (Public Law 89-171) 
struck out ``furnishing further military assistance on cash or credit 
terms'' and inserted in lieu thereof ``financing sales and guaranties, 
including the overhead costs thereof''.
    \780\ Sec. 201(c) of the FA Act of 1966 (Public Law 89-583) added 
this sentence.
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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) \781\ [Repealed--1968]
---------------------------------------------------------------------------
    \781\ Sec. 45(a) of the Foreign Military Sales Act (Public Law 90-
629) repealed sec. 524(b)(3), and sec. 525. The subject matter of para. 
(3), relating to arms sales credits, is now covered in sec. 23 of the 
Arms Export Control Act.
---------------------------------------------------------------------------
    Sec. 525.\781\ Guaranties. [Repealed--1968]
---------------------------------------------------------------------------
    \782\ Chapter 4, as added by the FA Act of 1971 (Public Law 92-
226), 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 sec. 535 as sec. 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 2005, 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.
---------------------------------------------------------------------------

                 Chapter 4--Economic Support Fund \782\



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


    Sec. 531.\783\ 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.\784\ 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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    \783\ 22 U.S.C. 2346.
    \784\ 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.\785\
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    \785\ This responsibility, as it related to the Administrator, was 
transferred to the Director of IDCA, pursuant to sec. 6 of 
Reorganization Plan No. 2 of 1979 (establishing IDCA). The 
Reorganization Plan No. 2 of 1979 ceased to be effective with enactment 
of the Foreign Affairs Reform and Restructuring Act of 1998, pursuant 
to sec. 1422(a)(1) (division G of Public Law 105-277; 112 Stat. 2681).
---------------------------------------------------------------------------
    (c) As part of the annual presentation materials for 
foreign assistance submitted to the Congress, the agency 
primarily responsible for administering this part shall provide 
a detailed justification for the uses and the purposes of the 
funds provided under this chapter. Such material shall include, 
but not be limited to, information concerning the amounts and 
kinds of cash grant transfers, the amounts and kinds of 
budgetary and balance-of-payments support provided, and the 
amounts and kinds of project assistance provided with funds 
made available under this chapter.
    (d) \786\ * * * [Repealed--1998]
---------------------------------------------------------------------------
    \786\ 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:
    ``(d) 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, 2006 (Public Law 109-102; 119 Stat. 2206), 
provided the following:
---------------------------------------------------------------------------

``separate accounts
---------------------------------------------------------------------------

    ``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--

  ``(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).

  ``(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.''.
---------------------------------------------------------------------------

    See also in that Act, in title II, para. relating to assistance for 
eastern Europe and the Baltic states..
---------------------------------------------------------------------------
    (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.\787\ Authorizations of Appropriations.--(a) There 
are authorized to be appropriated to the President to carry out 
the purposes of this chapter--
---------------------------------------------------------------------------
    \787\ 22 U.S.C. 2346a. See also 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), and the Security Assistance Act of 
2002 (division B of Public Law 107-228; 116 Stat. 1425), in Legislation 
on Foreign Relations Through 2005, vol. I-B.
---------------------------------------------------------------------------
          (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 \788\
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    \788\ 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 2006--no 
authorization. See, however, recent Security Assistance Acts, in 
Legislation on Foreign Relations Through 2005, vol. I-B.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2180), 
provided the following:
---------------------------------------------------------------------------

``Other Bilateral Economic Assistance

``economic support fund

``(including transfer of funds)
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of chapter 4 
of part II, $2,634,000,000, to remain available until September 30, 
2007: Provided, That of the funds appropriated under this heading, not 
less than $240,000,000 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 $495,000,000 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 and political reforms which 
are additional to those which were undertaken in previous fiscal years: 
Provided further, That with respect to the provision of assistance for 
Egypt for democracy and governance activities, the organizations 
implementing such assistance and the specific nature of that assistance 
shall not be subject to the prior approval by the Government of Egypt: 
Provided further, That of the funds appropriated under this heading for 
assistance for Egypt, not less than $135,000,000 shall be made 
available for project assistance, of which not less than $50,000,000 
shall be made available for democracy, human rights and governance 
programs and not less than $50,000,000 shall be used for education 
programs, of which not less than $5,000,000 shall be made available for 
scholarships for disadvantaged Egyptian students to attend American 
accredited institutions of higher education in Egypt: Provided further, 
That of the funds appropriated under this heading for assistance for 
Egypt for economic reform activities, $227,600,000 shall be withheld 
from obligation until the Secretary of State determines and reports to 
the Committees on Appropriations that Egypt has met the calendar year 
2005 benchmarks accompanying the `Financial Sector Reform Memorandum of 
Understanding' dated March 20, 2005: Provided further, That $20,000,000 
of the funds appropriated under this heading should 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 in exercising the authority to provide cash transfer 
assistance for Israel, the President shall ensure that the level of 
such assistance does not cause an adverse impact on the total level of 
nonmilitary exports from the United States to such country and that 
Israel enters into a side letter agreement in an amount proportional to 
the fiscal year 1999 agreement: Provided further, That of the funds 
appropriated under this heading, not less than $250,000,000 should be 
made available only for assistance for Jordan: Provided further, That 
of the funds appropriated under this heading that are available for 
assistance for the West Bank and Gaza, not to exceed $2,000,000 may be 
used for administrative expenses of the United States Agency for 
International Development, in addition to funds otherwise available for 
such purposes, to carry out programs in the West Bank and Gaza: 
Provided further, That not more than $225,000,000 of the funds made 
available for assistance for Afghanistan under this heading may be 
obligated for such assistance until the Secretary of State certifies to 
the Committees on Appropriations that the Government of Afghanistan at 
both the national and local level is cooperating fully with United 
States funded poppy eradication and interdiction efforts in 
Afghanistan: Provided further, That the President may waive the 
previous proviso if he determines and reports to the Committees on 
Appropriations that to do so is vital to the national security 
interests of the United States: Provided further, That such report 
shall include an analysis of the steps being taken by the Government of 
Afghanistan, at the national and local level, to cooperate fully with 
United States funded poppy eradication and interdiction efforts in 
Afghanistan: Provided further, That $40,000,000 of the funds 
appropriated under this heading shall be made available for assistance 
for Lebanon, of which not less than $6,000,000 should be made available 
for scholarships and direct support of American educational 
institutions in Lebanon: Provided further, That of the funds 
appropriated under this heading that are made available for assistance 
for Iraq, not less than $5,000,000 shall be transferred to and merged 
with funds appropriated under the heading `Iraq Relief and 
Reconstruction Fund' in chapter 2 of title II of Public Law 108-106 and 
shall be made available for the Marla Ruzicka Iraqi War Victims Fund: 
Provided further, That of the funds appropriated under this heading 
that are made available for assistance for Iraq, not less than 
$56,000,000 shall be made available for democracy, governance and rule 
of law programs in Iraq: Provided further, That of the funds 
appropriated under this heading, not less than $19,000,000 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 notwithstanding any other provision of law, 
funds appropriated under this heading shall be made available for 
programs and activities for the Central Highlands of Vietnam: Provided 
further, That funds appropriated under this heading that are made 
available for a Middle East Financing Facility, Middle East Enterprise 
Fund, or any other similar entity in the Middle East shall be subject 
to the regular notification procedures of the Committees on 
Appropriations: Provided further, That of funds appropriated under this 
heading, $13,000,000 should be made available for a United States 
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 in that Act, title II, para. relating to the International 
Fund for Ireland; para. relating to Eastern Europe and the Baltic 
states; and title V, including: sec. 511--Availability of funds; sec. 
515--Notification Requirements; sec. 521--Definition of Program, 
Project, and Activity; sec. 523--Afghanistan; sec. 526--Burma; sec. 
529--Separate Accounts; sec. 531--Financial Market Assistance in 
Transition Countries; sec. 534--Special Authorities; sec. 536--
Eligibility for Assistance; sec. 548--Prohibition of Payment of Certain 
Expenses; sec. 549--Haiti; sec. 550--Limitation on Assistance to the 
Palestinian Authority; sec. 554--Cambodia; sec. 559--West Bank and Gaza 
Program; sec. 564--Community-Based Police Assistance; sec. 568--
Reconcilation Programs; sec. 570--Trade Capacity Building; sec. 574--
Limitation on Economic Support Fund Assistance for Certain Foreign 
Governments That Are Parties to the International Criminal Court; sec. 
575--Tibet; sec. 576--Central America; sec. 588--Disability Programs; 
and sec. 596--Statement.
    Title II of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 264), provided the following:
---------------------------------------------------------------------------

``OTHER BILATERAL ECONOMIC ASSISTANCE

``Economic Support Fund

``(including transfer of funds)
---------------------------------------------------------------------------

    ``For an additional amount for `Economic Support Fund', 
$1,433,600,000, to remain available until September 30, 2006: Provided, 
That of the funds appropriated under this heading, $200,000,000 should 
be made available for programs, activities, and efforts to support 
Palestinians, of which $50,000,000 should be made available for 
assistance for Israel to help ease the movement of Palestinian people 
and goods in and out of Israel: Provided further, That of the funds 
appropriated under this heading, $5,000,000 should be made available 
for assistance for displaced persons in Afghanistan: Provided further, 
That of the funds appropriated under this heading, $2,500,000 should be 
made available for assistance for families and communities of Afghan 
civilians who have suffered losses as a result of the military 
operations: Provided further, That of the funds appropriated under this 
heading, $20,000,000 should be made available for assistance for Haiti, 
of which $2,500,000 should be made available for criminal case 
management, case tracking, and the reduction of pre-trial detention in 
Haiti, notwithstanding any other provision of law: Provided further, 
That of the funds appropriated under this heading, $5,000,000 should be 
made available for programs and activities to promote democracy, 
including political party development, in Lebanon: Provided further, 
That of the funds appropriated under this heading, up to $10,000,000 
may be transferred to the Overseas Private Investment Corporation for 
the cost of direct and guaranteed loans as authorized by section 234 of 
the Foreign Assistance Act of 1961: Provided further, That such costs, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974: Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).''.
    In Public Law 109-13, see also sec. 2106 (119 Stat. 267), which 
provides, in part, the following:
---------------------------------------------------------------------------

``reporting requirement
---------------------------------------------------------------------------

    ``* * * Provided further, That up to $5,000,000 of the funds made 
available for assistance for the West Bank and Gaza by this chapter 
under `Economic Support Fund' shall be used for an outside, independent 
evaluation by an internationally recognized accounting firm of the 
transparency and accountability of Palestinian Authority accounting 
procedures and an audit of expenditures by the Palestinian 
Authority.''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
---------------------------------------------------------------------------
          (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).\788\
    (b) Amounts appropriated to carry out this chapter are 
authorized to remain available until expended.
    Sec. 533.\789\ 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.
---------------------------------------------------------------------------
    \789\ 22 U.S.C. 2346b. Sec. 202 of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1529) 
added sec. 535. Sec. 201(b) of the International Security and 
Development Cooperation Act of 1985 replaced the years ``1982'' and 
``1983'' with ``1986'' and ``1987''.
---------------------------------------------------------------------------
    (b) Notwithstanding any provision of this chapter or of an 
appropriations act (including a joint resolution making 
continuing appropriations) which earmarks funds available to 
carry out this chapter for a specific country or purpose, up to 
5 percent of each amount so earmarked may be used to carry out 
this section.
    Sec. 534.\790\ 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.
---------------------------------------------------------------------------
    \790\ 22 U.S.C. 2346c. Added by sec. 712 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 244).
    Sec. 536 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 183), 
provides the following:
---------------------------------------------------------------------------

``administration of justice activities
---------------------------------------------------------------------------

    ``Sec. 536. Of the funds appropriated or otherwise made available 
by this Act or any subsequent Act for `Economic Support Fund', 
assistance may be provided to strengthen the administration of justice 
in countries in Latin America and the Caribbean and in other regions 
consistent with the provisions of section 534(b) of the Foreign 
Assistance Act of 1961, except that programs to enhance protection of 
participants in judicial cases may be conducted notwithstanding section 
660 of that Act. Funds made available pursuant to this section may be 
made available notwithstanding section 534(c) and the second and third 
sentences of section 534(e) of the Foreign Assistance Act of 1961.''.
---------------------------------------------------------------------------
    (b) Assistance under this section may only include--
          (1) support for specialized professional training, 
        scholarships, and exchanges for continuing legal 
        education;
          (2) programs to enhance prosecutorial and judicial 
        capabilities and protection for participants in 
        judicial cases;
          (3) \791\ notwithstanding section 660 of this Act--
---------------------------------------------------------------------------
    \791\ 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), amended and restated 
para. (3). 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 subparas. (A), (B), and 
(C) were delegated to the Assistant Administrator for Latin America and 
the Caribbean of the Agency for International Development in Department 
of State Delegation No. 189 of April 4, 1991 (56 F.R. 15127; April 15, 
1991). The same delegation of authority further provided that 
activities covered by the subparagraphs ``* * * shall be implemented in 
coordination with the International Criminal Investigative Training 
Assistance Program of the U.S. Department of Justice. Funds made 
available in any fiscal year for such assistance shall not exceed 
$500,000.''. Department of State Delegation of Authority No. 145-17 of 
June 13, 2000 (65 F.R. 41745) amended the 1991 delegation of authority, 
stating this delegation anew but omitting the earlier sentence that 
limited funds.
---------------------------------------------------------------------------
                  (A) programs to enhance professional 
                capabilities to carry out investigative and 
                forensic functions conducted under judicial or 
                prosecutorial control;
                  (B) programs to assist in the development of 
                academic instruction and curricula for training 
                law enforcement personnel;
                  (C) programs to improve the administrative 
                and management capabilities of law enforcement 
                agencies, especially their capabilities 
                relating to career development, personnel 
                evaluation, and internal discipline procedures; 
                and
                  (D) programs, conducted through multilateral 
                or regional institutions, to improve penal 
                institutions and the rehabilitation of 
                offenders;
          (4) strengthening professional organizations in order 
        to promote services to members and the role of the bar 
        in judicial selection, enforcement of ethical 
        standards, and legal reform;
          (5) increasing the availability of legal materials 
        and publications;
          (6) seminars, conferences, and training and 
        educational programs to improve the administration of 
        justice and to strengthen respect for the rule of law 
        and internationally recognized human rights; and
          (7) revision and modernization of legal codes and 
        procedures.
    (c) 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 \792\ 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.
---------------------------------------------------------------------------
    \792\ 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) \793\ 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 \794\ to 
carry out the provisions of subsection (b)(3) of this section. 
The authority of this section shall expire on September 30, 
1991.
---------------------------------------------------------------------------
    \793\ 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.
    \794\ 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'' and inserted in lieu 
thereof ``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'' and inserted in lieu thereof ``fiscal year 
1990''. Public Law 101-513 also amended the third sentence to extend 
the authority of this section to 1991.
    Sec. 2(b)(6) of the International Narcotics Control Act of 1990 
(Public Law 101-623; 104 Stat. 3351), raised authorization from 
$7,000,000 to $10,000,000, and extended authorization to 1991, which 
was already extended by Public Law 101-513.
---------------------------------------------------------------------------
    Sec. 535.\795\ Economic Support for Disadvantaged South 
Africans. * * * [Repealed--1993]
---------------------------------------------------------------------------
    \795\ Formerly at 22 U.S.C. 2346d. Sec. 4(a)(3)(B) of the South 
African Democratic Transition Support Act of 1993 (Public Law 103-149; 
107 Stat. 1505) repealed sec. 535. It originally was added by sec. 511 
of Public Law 99-440 (100 Stat. 411). Sec. 535 provided up to 
$40,000,000 in each fiscal year for or assistance for activities 
supporting disadvantaged South Africans, including scholarships, 
participation in trade unions, private enterprise, and alternative 
education and community development programs.
---------------------------------------------------------------------------

     Chapter 5--International Military Education and Training \796\

    Sec. 541.\797\ General Authority.--(a) \798\ 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 \799\ 
and individuals who are not members of the government,\800\ 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) \801\ improve 
military justice systems and procedures in accordance with 
internationally recognized human rights.\802\ Such training and 
education may be provided through--
---------------------------------------------------------------------------
    \796\ Sec. 106(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 732) added 
chapter 5.
    \797\ 22 U.S.C. 2347. See also the American Servicemembers' 
Protection Act (title II of Public Law 107-206; 116 Stat. 899; 22 
U.S.C. 7421 et seq.).
    \798\ Sec. 534(l)(3)(A) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2006 (Public Law 
109-102; 119 Stat. 2211), struck out ``The President'' and inserted in 
lieu thereof ``(a) The President''.
    \799\ 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''.
    \800\ Sec. 112(a) of Public Law 104-164 (110 Stat. 1427) added 
``and individuals who are not members of the government'' after 
``legislators''.
    \801\ 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).
    \802\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 1997), added this sentence.
---------------------------------------------------------------------------
          (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.
    (b) \803\ The President shall seek reimbursement for 
military education and training furnished under this chapter 
from countries using assistance under section 23 of the Arms 
Export Control Act (22 U.S.C. 2763, relating to the Foreign 
Military Financing Program) to purchase such military education 
and training at a rate comparable to the rate charged to 
countries receiving grant assistance for military education and 
training under this chapter.
---------------------------------------------------------------------------
    \803\ Sec. 534(l)(3)(B) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2006 (Public Law 
109-102; 119 Stat. 2211), added subsec. (b).
---------------------------------------------------------------------------
    Sec. 542.\804\ 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.\805\, \806\
---------------------------------------------------------------------------
    \804\ 22 U.S.C. 2347a.
    \805\ Sec. 104 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195) added 
authorization figures for fiscal year 1986 and 1987. 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; fiscal year 2003 (in Public Law 107-228)--$85,000,000; 
fiscal years 2004 through 2006--no authorization.
    Title III of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2191), 
provided the following:
---------------------------------------------------------------------------

``international military education and training
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $86,744,000, 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 Haiti, the Democratic Republic of the 
Congo, and Nigeria 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; 515--Notification Requirements; sec. 548--Prohibition of 
Payment of Certain Expenses; sec. 549--Haiti; and sec. 584--Reporting 
Requirement.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    \806\ Sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
the second sentence of sec. 542. This sentence had prohibited training 
under this section outside the United States after June 30, 1976, 
unless the President reported and justified such training to the 
Congress.
---------------------------------------------------------------------------
    Sec. 543.\807\ Purposes.--Education and training activities 
conducted under this chapter shall be designed--
---------------------------------------------------------------------------
    \807\ 22 U.S.C. 2347b.
---------------------------------------------------------------------------
          (1) to encourage effective and mutually beneficial 
        relations and increased understanding between the 
        United States and foreign countries in furtherance of 
        the goals of international peace and security;
          (2) to improve the ability of participating foreign 
        countries to utilize their resources, including defense 
        articles and defense services obtained by them from the 
        United States, with maximum effectiveness, thereby 
        contributing to greater self-reliance by such 
        countries; and
          (3) \808\ to increase the awareness of nationals of 
        foreign countries participating in such activities of 
        basic issues involving internationally recognized human 
        rights.
---------------------------------------------------------------------------
    \808\ Sec. 11(b)(3) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 736) added para. (3).
---------------------------------------------------------------------------
    Sec. 544.\809\ Exchange Training.--(a) \810\ 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 \811\ 
(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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    \809\ 22 U.S.C. 2347c. Added by sec. 126 of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 205).
    \810\ Sec. 112(b) of Public Law 104-164 (110 Stat. 1427) added 
subsec. designation ``(a)'' and added subsec. (b).
    \811\ 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) \810\ 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) \812\ (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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    \812\ 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).
---------------------------------------------------------------------------
    (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.\813\ 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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    \813\ 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.\814\ 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.
---------------------------------------------------------------------------
    \814\ 22 U.S.C. 2347c. Added by sec. 112(c)(1) of Public Law 104-
164 (110 Stat. 1427).
---------------------------------------------------------------------------
    (b) High-Income Foreign Countries Described.--The high-
income foreign countries described in this subsection are 
Austria, Finland, the Republic of Korea, Singapore, and Spain.

SEC. 547.\815\ 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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    \815\ 22 U.S.C. 2347f. Added by sec. 202 of the Security Assistance 
Act of 2000 (Public Law 106-280; 114 Stat. 851).
---------------------------------------------------------------------------

SEC. 548.\816\ RECORDS REGARDING FOREIGN PARTICIPANTS.

    (a) Development and Maintenance of Database.--In \817\ 
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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    \816\ 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:
---------------------------------------------------------------------------

``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.''.
    \817\ 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) \818\ 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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    \818\ 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).
---------------------------------------------------------------------------
    (c) \818\ 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.\819\ HUMAN RIGHTS REPORT.
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    \819\ 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).
---------------------------------------------------------------------------
    (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 \820\

    Sec. 551.\821\ 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,\822\ 
except that such reimbursements may not exceed $5,000,000 in 
any fiscal year unless a greater amount is specifically 
authorized by this section.\823\
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    \820\ Sec. 12(a) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 736) added chapter 6.
    \821\ 22 U.S.C. 2348.
    \822\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. H.
    \823\ Sec. 10(b) of the International Security Assistance Act of 
1979 (Public Law 96-92; 93 Stat. 705) added this sentence.
---------------------------------------------------------------------------
    Sec. 552.\824\ 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.\825\
---------------------------------------------------------------------------
    \824\ 22 U.S.C. 2348a.
    \825\ 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; fiscal year 2003 (in 
Public Law 107-228)--$725,981,000; fiscal years 2004 through 2006--no 
authorization.
    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, 2006 (Public Law 109-102), waived the requirements 
for authorization, and title III of that Act (119 Stat. 2193) provided 
the following:
---------------------------------------------------------------------------

``peacekeeping operations
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $175,000,000: 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; sec. 
545--War Crimes Tribunals Drawdown; sec. 584--Reporting Requirement; 
and sec. 590--War Crimes in Africa.
    Title II of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 265), provided the following:
---------------------------------------------------------------------------

``Peacekeeping Operations
---------------------------------------------------------------------------

    ``For an additional amount for `Peacekeeping Operations', 
$240,000,000, to remain available until September 30, 2006, of which up 
to $200,000,000 is for military and other security assistance to 
coalition partners in Iraq and Afghanistan: Provided, That up to 
$30,000,000 may be used only pursuant to a determination by the 
President, and after consultation with the Committees on 
Appropriations, that such use will support the global war on terrorism: 
Provided further, That these funds may be transferred by the Secretary 
of State to other Federal agencies or accounts to support the global 
war on terrorism: Provided further, That funds appropriated under this 
heading shall be subject to the regular notification procedures of the 
Committees on Appropriations, except that such notifications shall be 
submitted no less than five days prior to the obligation of funds: 
Provided further, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 of the 
conference report to accompany S. Con. Res. 95 (108th Congress).''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    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 2005, vol. II, sec. G.
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    (b) Amounts appropriated under this section are authorized 
to remain available until expended.
    (c) \826\ 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 \827\ (2) \828\ 
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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    \826\ Sec. 10(c) of the International Security Assistance Act of 
1979 (Public Law 96-92; 93 Stat. 705) added subsec. (c).
    Sec. 545 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2215), 
provided the following:
---------------------------------------------------------------------------

``war crimes tribunals drawdown
---------------------------------------------------------------------------

    ``Sec. 545. 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 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, Rwanda, or the Special Court for Sierra Leone shall be made 
available subject to the regular notification procedures of the 
Committees on Appropriations.''.
    \827\ 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.
    \828\ Sec. 105(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195) added subsec. 
(c)(2), and subsec. (d).
    On July 15, 2005, the President determined that: ``(1) as a result 
of an unforeseen emergency, the provision of assistance under Chapter 6 
of Part II of the Act in amounts in excess of funds otherwise available 
for such assistance is important to the national interests of the 
United States; and (2) such unforeseen emergency requires the immediate 
provision of assistance under Chapter 6 of Part II of the Act. I 
therefore direct the drawdown of up to $6 million in commodities and 
services from the Department of Defense to support the transportation 
of African Union forces to Darfur, Sudan.'' (Presidential Determination 
No. 2005-30; 70 F.R. 43257).
---------------------------------------------------------------------------
    (d) \828\ 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.\829\ Middle East Special Requirements Fund. * * * 
[Repealed--1980]
---------------------------------------------------------------------------
    \829\ 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.\830\ 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.
---------------------------------------------------------------------------
    \830\ 22 U.S.C. 2348c. Originally added as sec. 554 by sec. 12(a) 
of Public Law 95-384 (92 Stat. 737). Redesignated as sec. 553 by sec. 
116(b) of the International Security and Development Cooperation Act of 
1980 (Public Law 96-533; 94 Stat. 3140).
---------------------------------------------------------------------------

SEC. 554.\831\ 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.
---------------------------------------------------------------------------
    \831\ 22 U.S.C. 2348d. Sec. 722 of the Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 
106-113; 113 Stat. 1536), added sec. 554.
---------------------------------------------------------------------------
    (b) United Nations Member Costs.--The President shall 
request that the United Nations compile and publish information 
concerning costs incurred by United Nations members in support 
of such resolutions.

            Chapter 7--Air Base Construction in Israel \832\

    Sec. 561.\833\ General Authority.--The President is 
authorized--
---------------------------------------------------------------------------
    \832\ Sec. 3 of the Special International Security Assistance Act 
of 1979 (Public Law 96-35; 93 Stat. 89) added chapter 7.
    \833\ 22 U.S.C. 2349.
---------------------------------------------------------------------------
          (1) to construct such air bases in Israel for the 
        Government of Israel as may be agreed upon between the 
        Government of Israel and the Government of the United 
        States to replace the Israeli airbases located at 
        Etzion and Etam on the Sinai peninsula that are to be 
        evacuated by the Government of Israel; and
          (2) for purposes of such construction, to furnish as 
        a grant to the Government of Israel, on such terms and 
        conditions as the President may determine, defense 
        articles and defense services, which he may acquire 
        from any source, of a value not to exceed the amount 
        appropriated pursuant to section 562(a).
    Sec. 562.\834\ 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.\835\
---------------------------------------------------------------------------
    \834\ 22 U.S.C. 2349a.
    \835\ 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.\836\ 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.
---------------------------------------------------------------------------
    \836\ 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 2005, vol. I-B.
---------------------------------------------------------------------------
    (b) The provisions of paragraph (3) of section 636(a) of 
this Act shall be applicable to the use of funds available to 
carry out this chapter, except that no more than sixty persons 
may be engaged at any one time under that paragraph for 
purposes of this chapter.

               Chapter 8--Antiterrorism Assistance \837\

    Sec. 571.\838\ General Authority.--Notwithstanding any 
other provision of law that restricts assistance to foreign 
countries (other than sections 502B and 620A of this Act),\839\ 
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.
---------------------------------------------------------------------------
    \837\ 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) added chapter 8. 
Pursuant to Public Law 98-151, chapter 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).''.
    \838\ 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.
    \839\ Sec. 121(a) of Public Law 104-164 (110 Stat. 1428) struck out 
``Subject to the provisions of this chapter'', and inserted in lieu 
thereof ``Notwithstanding any other provision of law that restricts 
assistance to foreign countries (other than sections 502B and 620A of 
this Act)''.
---------------------------------------------------------------------------
    Sec. 572.\840\ Purposes.--Activities conducted under this 
chapter shall be designed--
---------------------------------------------------------------------------
    \840\ 22 U.S.C. 2349aa-1.
---------------------------------------------------------------------------
          (1) to enhance the antiterrorism skills of friendly 
        countries by providing training and equipment to deter 
        and counter terrorism;
          (2) to strengthen the bilateral ties of the United 
        States with friendly governments by offering concrete 
        assistance in this area of great mutual concern; and
          (3) to increase respect for human rights by sharing 
        with foreign civil authorities modern, humane, and 
        effective antiterrorism techniques.
    Sec. 573.\841\ 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.
---------------------------------------------------------------------------
    \841\ 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 \842\ shall be consulted in the \843\ 
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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    \842\ 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''.
    \843\ 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) \844\ (1) Arms and ammunition may be provided under 
this chapter only if they are directly related to antiterrorism 
assistance.
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    \844\ 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) \845\ [Repealed--1996]
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    \845\ 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.\846\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \846\ 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.\847\ 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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    \847\ 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; fiscal year 2003--$64,200,000; and fiscal years 
2004 through 2006--no authorization.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2189), 
provided the following:
---------------------------------------------------------------------------

``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------

    ``For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $410,100,000, 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 for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $37,500,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That 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 $705,000, 
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 funds appropriated under 
this heading that are available for ``Anti-terrorism Assistance'' and 
``Export Control and Border Security'' shall remain available until 
September 30, 2007.''.
    See also in that Act: sec. 515--Notification Requirements; sec. 
531--Financial Market Assistance in Transition Countries; and sec. 596, 
relating to allocation of appropriations according to stipulations in 
the conference report (H. Rept. 109-265, November 2, 2005) accompanying 
Public Law 109-102 (for allocation of Nonproliferation, Anti-Terrorism, 
Demining, and Related Programs funding, see p. 101).
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
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``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
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  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    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) [redesignated as sec. 574(b)], up to $3,000,000 in 
any fiscal year may be made available--
---------------------------------------------------------------------------

  ``(A) to procure explosives detection devices and other counterterrorism 
technology; and

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

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

  ``(1) such assistance is provided for the purpose of protecting the 
property of the United States Government or the life and property of any 
United States citizen, or furthering the apprehension of any individual 
involved in any act of terrorism against such property or persons; and

  ``(2) the appropriate committees of Congress are notified not later than 
15 days prior to the provision of such assistance.''.

    (b) Amounts appropriated under this section are authorized 
to remain available until expended.
    Sec. 575.\848\ 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.
---------------------------------------------------------------------------
    \848\ 22 U.S.C. 2349aa-5. Redesignated from sec. 576 to sec. 575 by 
sec. 121(d) of Public Law 104-164 (110 Stat. 1428).
---------------------------------------------------------------------------
    Sec. 577.\849\ * * * [Repealed--1985]
---------------------------------------------------------------------------
    \849\ Formerly at 22 U.S.C. 2349aa-6. Repealed by sec. 501(d) of 
the International Security and Development Cooperation Act of 1985 
(Public Law 99-83; 99 Stat. 220). The authorities under this chapter 
would have expired on September 30, 1985.
---------------------------------------------------------------------------

    CHAPTER 9--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE \850\

SEC. 581.\851\ 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--
---------------------------------------------------------------------------
    \850\ 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.
    \851\ 22 U.S.C. 2349bb.
---------------------------------------------------------------------------
          (1) to enhance the nonproliferation and export 
        control capabilities of friendly countries by providing 
        training and equipment to detect, deter, monitor, 
        interdict, and counter proliferation;
          (2) to strengthen the bilateral ties of the United 
        States with friendly governments by offering concrete 
        assistance in this area of vital national security 
        interest;
          (3) to accomplish the activities and objectives set 
        forth in sections 503 and 504 of the FREEDOM Support 
        Act (22 U.S.C. 5853, 5854), without regard to the 
        limitation of those sections to the independent states 
        of the former Soviet Union; and
          (4) to promote multilateral activities, including 
        cooperation with international organizations, relating 
        to nonproliferation.

SEC. 582.\852\ 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.
---------------------------------------------------------------------------
    \852\ 22 U.S.C. 2349bb-1.
---------------------------------------------------------------------------

SEC. 583.\853\ 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.
---------------------------------------------------------------------------
    \853\ 22 U.S.C. 2349bb-2.
---------------------------------------------------------------------------
    (b) Priority to Certain Countries.--Priority shall be given 
in the apportionment of the assistance described under 
subsection (a) to any friendly country that has been determined 
by the Secretary of State to be a country frequently transited 
by proliferation-related shipments of cargo.

SEC. 584.\854\ 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.
---------------------------------------------------------------------------
    \854\ 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.\855\ LIMITATIONS.

    The limitations contained in section 573(a) and (d) of this 
Act shall apply to this chapter.
---------------------------------------------------------------------------
    \855\ 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.\856\ 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.\857\
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    \856\ 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)--
---------------------------------------------------------------------------

  ``(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.''.
---------------------------------------------------------------------------

    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 2005, vol. I-B.
    \857\ 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) \858\ Treatment of Appropriations.--Amounts made 
available by the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2002,\858\ 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.
---------------------------------------------------------------------------
    \858\ 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.\859\ 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.
---------------------------------------------------------------------------
    \859\ 22 U.S.C. 2351.
---------------------------------------------------------------------------
    (b) In order to encourage and facilitate participation by 
private enterprise to the maximum extent practicable in 
achieving any of the purposes of this Act, the President 
shall--
          (1) make arrangements to find, and draw the attention 
        of private enterprise to opportunities for investment 
        and development in less developed countries and areas;
          (2) establish an effective system for obtaining 
        adequate information with respect to the activities of, 
        and opportunities for, nongovernmental participation in 
        the development process, and for utilizing such 
        information in the planning, direction, and execution 
        of programs carried out under this Act, and in the 
        coordination of such programs with the ever-increasing 
        developmental activities of nongovernmental United 
        States institutions;
          (3) \860\ 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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    \860\ 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) \860\ 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) \860\ to the maximum extent practicable \861\ 
        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 
        \862\ to any individual, corporation, or other body of 
        persons; \861\
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    \861\ Sec. 301(a)(2) of the FA Act of 1963 (Public Law 88-205) 
struck out ``wherever appropriate'' and inserted in lieu thereof ``to 
the maximum extent practicable'', and inserted a semicolon for a period 
at the end of the paragraph.
    \862\ Sec. 102(g)(2)(B) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) struck out 
``201'' and inserted in lieu thereof ``122''.
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          (6) \863\ 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;
---------------------------------------------------------------------------
    \863\ Added by sec. 301(a)(3) of the FA Act of 1963 (Public Law 88-
205) as paras. (5) and (6). Redesignated as paras. (6) and (7) by sec. 
301(a)(2) of the FA Act of 1966 (Public Law 89-583).
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          (7) \863\ 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) \864\ 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.
---------------------------------------------------------------------------
    \864\ Sec. 301(a)(3) of the FA Act of 1966 (Public Law 89-583) 
added para. (8).
---------------------------------------------------------------------------
    (c) \865\ (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.\866\ 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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    \865\ Sec. 301(a)(4) of the FA Act of 1966 (Public Law 89-583) 
amended and restated subsec. (c). 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.''.
    \866\ 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.\866\
    (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 \867\ for travel and other expenses incurred 
by them in the performance of their functions under this 
subsection.
---------------------------------------------------------------------------
    \867\ Sec. 301(a) of the FA Act of 1967 (Public Law 90-137) struck 
out ``5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b2)'' 
and inserted in lieu thereof ``5703 of title 5 of the United States 
Code''.
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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) \868\ 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.\869\
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    \868\ Sec. 301(b) of the FA Act of 1964 (Public Law 88-633) added 
subsec. (d).
    \869\ 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) \870\ (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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    \870\ Sec. 501 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 956) added subsec. (e).
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    (2) \871\ * * * [Repealed--1981]
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    \871\ Sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
para. (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.
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    Sec. 602.\872\ 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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    \872\ 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.\873\ 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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    \873\ 22 U.S.C. 2353.
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    Sec. 604.\874\ 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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    \874\ 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) \875\ 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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    \875\ Sec. 301(b)(1) of the FA Act of 1966 (Public Law 89-583) 
struck out ``surplus'' before ``agricultural'' 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 2005, 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) \876\ 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.\877\
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    \876\ Sec. 301(b)(2) of the FA Act of 1966 (Public Law 89-583) 
added subsec. (e).
    \877\ Sec. 705(a) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-593; 94 Stat. 3157) inserted ``, 
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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    (f) \878\ 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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    \878\ Sec. 301(a) of the FA Act of 1968 (Public Law 90-554) added 
subsec. (f).
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    (g) \879\ (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.
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    \879\ Sec. 705(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3158) added 
subsec. (g).
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    (2) \880\ Paragraph (1) does not apply with respect to an 
advanced developing country which--
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    \880\ Sec. 1207 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 278) added para. 
(2).
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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.\881\ 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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    \881\ 22 U.S.C. 2355. Sec. 301(a)(1) of the FA Act of 1965 (Public 
Law 89-171) struck out ``Items'' and inserted in lieu thereof ``Certain 
Items and Funds''.
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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) \882\ 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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    \882\ Sec. 301(a)(2) of the FA Act of 1965 (Public Law 89-171) 
added subsecs. (c) and (d).
---------------------------------------------------------------------------
    (d) \882\ 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.\883\ Patents and Technical Information.--(a) 
Whenever, in connection with the furnishing of assistance under 
this Act--
---------------------------------------------------------------------------
    \883\ 22 U.S.C. 2356.
---------------------------------------------------------------------------
          (1) an invention or discovery covered by a patent 
        issued by the United States Government is practiced 
        within the United States without the authorization of 
        the owner, or
          (2) information, which is (A) protected by law, and 
        (B) held by the United States Government subject to 
        restrictions imposed by the owner, is disclosed by the 
        United States Government or any of its officers, 
        employees, or agents in violation of such restrictions,
the exclusive remedy of the owner, except as provided in 
subsection (b) of this section, is to sue the United States 
Government for reasonable and entire compensation for such 
practice or disclosure in the district court of the United 
States for the district in which such owner is a resident, or 
in the United States Court of Federal Claims \884\ 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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    \884\ Sec. 160(a)(6) of the Federal Courts Improvement Act (Public 
Law 97-164; 96 Stat. 48) struck out ``Court of Claims'' and inserted in 
lieu thereof ``United States Claims Court''. 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 Claims 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.\885\ 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 \886\ 
(including foreign voluntary nonprofit relief agencies so 
registered and approved when no United States voluntary 
nonprofit relief agency is available).\887\ 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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    \885\ 22 U.S.C. 2357. Sec. 301(b) of the FA Act of 1968 (Public Law 
90-554) added subsec. designation ``(a)''. 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).
    \886\ Sec. 121 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 366) struck out ``Advisory Committee 
on Voluntary Foreign Aid'' and inserted in lieu thereof ``Agency for 
International Development''.
    \887\ Sec. 122(a) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541) inserted the 
parenthetical phrase. 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.\888\
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    \888\ Sec. 315 of Public Law 94-161 (89 Stat. 849) struck out 
``current'' and inserted in lieu thereof ``currently''; struck out 
``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.'' and 
inserted in lieu thereof the last sentence in main body of subsec. (a), 
and paras. (1) and (2).
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    (b) \889\ 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.\890\
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    \889\ 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).
    \890\ 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) \889\ (1) Except as provided in subsection (d),\891\ 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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    \891\ Sec. 129(1)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 419) inserted 
``except as provided in subsec. (d),''. Sec. 129(1)(A) of the Act also 
redesignated paras. (1), (2) and (3) as (A), (B) and (C).
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          (A) \891\ that there is a need for such property in 
        the quantity requested and that such property is 
        suitable for the purpose requested;
          (B) \891\ as to the status and responsibility of the 
        designated end-user and his ability effectively to use 
        and maintain such property; and
          (C) \891\ 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) \892\ 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--
---------------------------------------------------------------------------
    \892\ Sec. 129(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 419) added 
subsec. (d).
---------------------------------------------------------------------------
          (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.\893\ 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.\894\ 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,\895\ which may be used to 
pay costs (including personnel costs) \896\ 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 \897\ 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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    \893\ 22 U.S.C. 2358. Title II of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2006 (Public Law 
109-102; 119 Stat. 2186), provided the following:
---------------------------------------------------------------------------

``department of state

* * * * * * *

``international narcotics control and law enforcement
---------------------------------------------------------------------------

    ``For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $477,200,000, to remain available until 
September 30, 2008: Provided, That during fiscal year 2006, 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: * * *''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
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``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
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    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    \894\ Sec. 301(b) of the FA Act of 1967 (Public Law 90-137) added 
this sentence. 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).
    \895\ Sec. 102(g)(2)(C) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 942) struck out 
``section 212'' and inserted in lieu thereof ``chapter 1 of part I''.
    \896\ Sec. 301(c) of the FA Act of 1966 (Public Law 89-583) 
inserted ``(including personnel costs),''.
    \897\ Sec. 701(2) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544) inserted 
``any property available from an agency of the United States 
Government,''.
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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.\898\ * * * [Repealed--1998]
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    \898\ 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.\899\ 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) \900\ may be 
transferred to, and consolidated with, the funds made available 
for any \900\ provision of this Act, (except funds made 
available under chapter 2 of part II of this Act) \901\ 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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    \899\ 22 U.S.C. 2360. Sec. 301(a) of the FA Act of 1962 added 
subsec. designation ``(a)'' and subsec. (b).
    On September 29, 2005, the President determined ``it necessary for 
the purposes of that Act that $5 million in FY 2004 funds made 
available under the Support for East European Democracy Act ($1 
million) and FY 2005 funds made available under chapter 9 of part II of 
the Act ($1.2 million) and under section 23 of the Arms Export Control 
Act ($2.8 million) be transferred to, and consolidated with, funds made 
available under chapter 8 of part I of the Act, and such funds are 
hereby so transferred and consolidated.'' (Presidential Determination 
No. 2005-41; 70 F.R. 60403).
    Titles II and V of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 108-102; 119 
Stat. 2179, 2198), provided the following:
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``operating expenses of the united states agency for international 
development
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    ``For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $630,000,000, of which up to 
$25,000,000 may remain available until September 30, 2007: 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: Provided further, That contracts or 
agreements entered into with funds appropriated under this heading may 
entail commitments for the expenditure of such funds through fiscal 
year 2007: Provided further, That none of the funds in this Act may be 
used to open a new overseas mission of the United States Agency for 
International Development without the prior written notification of the 
Committees on Appropriations: Provided further, That the authority of 
sections 610 and 109 of the Foreign Assistance Act of 1961 may be 
exercised by the Secretary of State to transfer funds appropriated to 
carry out chapter 1 of part I of such Act to `Operating Expenses of the 
United States Agency for International Development' in accordance with 
the provisions of those sections.
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* * * * * * *

``transfers
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    ``Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--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.
    ``(2) Notwithstanding paragraph (1), 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.
    ``(b) Transfers Between Accounts.--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 5 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.
    ``(c) Audit of Inter-Agency Transfers.--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.''.
    Title II of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 263), provided the following:
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``Operating Expenses of the United States Agency for International 
Development
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    ``For an additional amount for `Operating Expenses of the United 
States Agency for International Development', $24,400,000, to remain 
available until September 30, 2006: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).''.
    \900\ Sec. 301 of the FA Act of 1969 (Public Law 91-175) added the 
parenthetical phrase. 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 of that Act 
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.''.
    \901\ Sec. 19(a)(1) of the FA Act of 1974 (Public Law 93-559) added 
the parenthetical phrase.
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    (b) \899\ The authority contained in this section and in 
sections 451, 506,\902\ 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.\903\
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    \902\ Sec. 301(c) of the FA Act of 1967 (Public Law 90-137) struck 
out ``510'' and inserted in lieu thereof ``506''.
    \903\ Sec. 10(b)(2) of the International Security Assistance Act of 
1978 (Public Law 95-424; 92 Stat. 735) repealed the final sentence of 
subsec. (b). It formerly read, as amended by the FA Act of 1966, 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) \904\ 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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    \904\ Sec. 19(a)(2) of the FA Act of 1974 (Public Law 93-559) added 
subsec. (c).
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    Sec. 611.\905\ 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 \906\ under 
section 1501 of title 31, United States Code,\907\ 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--\908\
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    \905\ 22 U.S.C. 2361.
    \906\ Sec. 1208 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 278) struck out 
``$100,000'' and inserted in lieu thereof ``$500,000''.
    \907\ Sec. 1211(b)(2) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) struck out 
``section 1311 of the Supplemental Appropriation Act, 1955 as amended 
(31 U.S.C. 200)'' and inserted in lieu thereof ``section 1501 of title 
31, United States Code''.
    \908\ Sec. 102(g)(2)(D) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out 
``titles I, II, and VI of chapter 2 and chapter 4 of part I'' and 
inserted in lieu thereof ``chapter 1 of part I, title II of chapter 2 
of part I, or chapter 4 of part II''.
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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 \909\ (42 U.S.C. 1962, et seq.) or acts 
amendatory or supplementary thereto.
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    \909\ Sec. 1208(2) of Public Law 99-83 (99 Stat. 278) struck out 
``Principles and Standards for Planning Water and Related Land 
Resources, dated October 25, 1973'' and inserted in lieu thereof ``the 
Water Resources Planning Act''. Previously, 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) \910\ 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 \911\ 
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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    \910\ Sec. 301(d) of the FA Act of 1967 (Public Law 90-137) added 
subsec. (e).
    \911\ Sec. 102(g)(2)(E) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out 
``titles I, II, or VI of chapter 2 or chapter 4 of part I'' and 
inserted in lieu thereof ``chapter 1 of part I, title 2 of chapter 2 of 
part I, or chapter 4 of part II''.
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    Sec. 612.\912\ 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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    \912\ 22 U.S.C. 2362. Sec. 301(d)(1) of the FA Act of 1963 (Public 
Law 88-205) inserted subsec. designation ``(a)''. See also sec. 529 of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2206; 22 U.S.C. 
2362 note), relating to separate accounts.
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    (b) \913\ 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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    \913\ Sec. 301(c) of the FA Act of 1963 (Public Law 88-205) added 
subsec. (b) as subsec. (c). Redesignated as subsec. (b) by Public Law 
88-638. Former subsec. (b) was moved to Public Law 480 as sec. 104(t), 
and has subsequently been transferred in part to sec. 103(m) of Public 
Law 480.
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     \914\ 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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    \914\ Sec. 301(b) of the FA Act of 1965 (Public Law 89-171) struck 
out ``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.'' at this point.
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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.\915\
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    \915\ Sec. 301(b) of the FA Act of 1965 (Public Law 89-171) added 
this paragraph.
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    (c) \916\ 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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    \916\ Sec. 301(e) of the FA Act of 1966 (Public Law 89-583) added 
subsec. (c).
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    (d) \917\ 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,\918\ 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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    \917\ Sec. 302 of the FA Act of 1969 (Public Law 91-175) added 
subsec. (d).
    \918\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-B.
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    Sec. 613.\919\ Accounting, Valuation, Reporting, and 
Administration of Foreign Currencies.\920\--(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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    \919\ 22 U.S.C. 2363.
    \920\ Sec. 301(c)(1) of the FA Act of 1965 (Public Law 89-171) 
struck out ``Accounting, Valuation, and Reporting of Foreign 
Currencies'' and inserted in lieu thereof ``Accounting, Valuation, 
Reporting, and Administration 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) \921\ * * * [Repealed--1981]
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    \921\ 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) \922\ 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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    \922\ Sec. 301(c)(2) of the FA Act of 1965 (Public Law 89-171) 
added subsec. (d).
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    Sec. 614.\923\ Special Authorities.--(a) \924\ (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.
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    \923\ 22 U.S.C. 2364.
    \924\ 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.''.
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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 \925\ 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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    \925\ 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) \926\ (A) The authority of this subsection may not be 
used in any fiscal year to authorize--
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    \926\ Sec. 128 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 206) amended and 
restated subsec. (a)(4). 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 \927\ 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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    \927\ 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.\928\ The 
President shall fully inform the chairman and ranking minority 
member of the Committee on Foreign Affairs \925\ 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.\929\
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    \928\ See also sec. 636(a)(8) of this Act.
    \929\ Sec. 30(g) of the FA Act of 1966 added the last sentence, 
which was later 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.\930\ 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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    \930\ 22 U.S.C. 2365.
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    Sec. 616.\931\ 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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    \931\ 22 U.S.C. 2366.
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SEC. 617.\932\ 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.
---------------------------------------------------------------------------
    \932\ 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.\933\ Use of Settlement Receipts. [Repealed--1978]
---------------------------------------------------------------------------
    \933\ Sec. 604 of the International Development and Food Assistance 
Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed secs. 618 and 
619.
---------------------------------------------------------------------------
    Sec. 619.\933\ Assistance to Newly Independent Countries. 
[Repealed--1978]
    Sec. 620.\934\ Prohibitions Against Furnishing 
Assistance.\935\--(a)(1) \936\ No assistance shall be furnished 
under this Act to the present government of Cuba.\937\ 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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    \934\ 22 U.S.C. 2370. Sec. 204 of the Cuban Liberty and Democratic 
Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 110 Stat. 810; 
22 U.S.C. 6064) provided the following:
---------------------------------------------------------------------------

``sec. 204. termination of the economic embargo of cuba.
---------------------------------------------------------------------------

    ``(a) Presidential Actions.--Upon submitting a determination to the 
appropriate congressional committees under section 203(c)(1) that a 
transition government in Cuba is in power, the President, after 
consultation with the Congress, is authorized to take steps to suspend 
the economic embargo of Cuba and to suspend the right of action created 
in section 302 with respect to actions thereafter filed against the 
Cuban Government, to the extent that such steps contribute to a stable 
foundation for a democratically elected government in Cuba.
    ``(b) Suspension of Certain Provisions of Law.--In carrying out 
subsection (a), the President may suspend the enforcement of--
---------------------------------------------------------------------------

  ``(1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2370(a));

  ``(2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2370(f)) with respect to the ``Republic of Cuba'';

  ``(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of 1992 
(22 U.S.C. 6003, 6004(d), and 6005);

  ``(4) section 902(c) of the Food Security Act of 1985; and

  ``(5) the prohibitions on transactions described in part 515 of title 31, 
Code of Federal Regulations.
---------------------------------------------------------------------------

    ``(c) Additional Presidential Actions.--Upon submitting a 
determination to the appropriate congressional committees under section 
203(c)(3) that a democratically elected government in Cuba is in power, 
the President shall take steps to terminate the economic embargo of 
Cuba, including the restrictions under part 515 of title 31, Code of 
Federal Regulations.
    ``(d) Conforming Amendments.--On the date on which the President 
submits a determination under section 203(c)(3)--
---------------------------------------------------------------------------

  ``(1) section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2370(a)) is repealed;

  ``(2) section 620(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2370(f)) is amended by striking ``Republic of Cuba'';

  ``(3) sections 1704, 1705(d), and 1706 of the Cuban Democracy Act of 1992 
(22 U.S.C. 6003, 6004(d), and 6005) are repealed; and

  ``(4) section 902(c) of the Food Security Act of 1985 is repealed.
---------------------------------------------------------------------------

    ``(e) Review of Suspension of Economic Embargo.--
---------------------------------------------------------------------------

  ``(1) Review.--If the President takes action under subsection (a) to 
suspend the economic embargo of Cuba, the President shall immediately so 
notify the Congress. The President shall report to the Congress no less 
frequently than every 6 months thereafter, until he submits a determination 
under section 203(c)(3) that a democratically elected government in Cuba is 
in power, on the progress being made by Cuba toward the establishment of 
such a democratically elected government. The action of the President under 
subsection (a) shall cease to be effective upon the enactment of a joint 
resolution described in paragraph (2).

  ``(2) Joint Resolutions.--For purposes of this subsection, the term 
`joint resolution' means only a joint resolution of the 2 Houses of 
Congress, the matter after the resolving clause of which is as follows: 
`That the Congress disapproves the action of the President under section 
204(a) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 
1996 to suspend the economic embargo of Cuba, notice of which was submitted 
to the Congress on ____.', with the blank space being filled with the 
appropriate date.

  ``(3) Referral to committees.--Joint resolutions introduced in the House 
of Representatives shall be referred to the Committee on International 
Relations and joint resolutions introduced in the Senate shall be referred 
to the Committee on Foreign Relations.

  ``(4) Procedures.--(A) Any joint resolution shall be considered in the 
Senate in accordance with the provisions of section 601(b) of the 
International Security Assistance and Arms Export Control Act of 1976.

  ``(B) For the purpose of expediting the consideration and enactment of 
joint resolutions, a motion to proceed to the consideration of any joint 
resolution after it has been reported by the appropriate committee shall be 
treated as highly privileged in the House of Representatives.

  ``(C) Not more than 1 joint resolution may be considered in the House of 
Representatives and the Senate in the 6-month period beginning on the date 
on which the President notifies the Congress under paragraph (1) of the 
action taken under subsection (a), and in each 6-month period 
thereafter.''.
---------------------------------------------------------------------------

    \935\ Sec. 301(d)(1) of the FA Act of 1965 (Public Law 89-171) 
struck out ``Prohibitions Against Furnishing Assistance to Cuba and 
Certain Other Countries.--'' and inserted in lieu thereof 
``Prohibitions Against Furnishing Assistance.--''.
    \936\ Sec. 301(e)(1)(A) of the FA Act of 1963 (Public Law 88-205) 
inserted ``(1)'' after subsec. (a).
    \937\ Sec. 123(a)(1) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541) struck out ``; 
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'', at this point.
---------------------------------------------------------------------------
    (2) \938\ 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.
---------------------------------------------------------------------------
    \938\ Sec. 301(e)(1)(B) of the FA Act of 1963 (Public Law 88-205) 
added paras. (2) and (3). Para. (3), restricting shipments to Cuba, was 
subsequently repealed by sec. 123(a)(2) of the International 
Development and Food Assistance Act of 1977 (Public Law 95-88; 91 Stat. 
541).
---------------------------------------------------------------------------
    (b) \939\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \939\ Sec. 734(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
subsec. (b). It previously read as follows:
    ``(b) No assistance shall be furnished under this Act to the 
government of any country unless the President determines that such 
country is not dominated or controlled by the international Communist 
movement.''.
---------------------------------------------------------------------------
    (c) \940\ 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.
---------------------------------------------------------------------------
    \940\ Sec. 301(d)(2) of the FA Act of 1962 (Public Law 87-565) 
amended and restated subsec. (c). It formerly read as follows:
    ``(c) No assistance shall be provided under this Act to the 
government of any country which is indebted to any United States 
citizen for goods or services furnished, where such citizen has 
exhausted available legal remedies and the debt is not denied or 
contested by such government.''.
---------------------------------------------------------------------------
    (d) No assistance shall be furnished on a loan basis under 
chapter 1 of part I \941\ 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.
---------------------------------------------------------------------------
    \941\ Sec. 102(g)(2)(F) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out 
``under section 201'' and inserted in lieu thereof ``on a loan basis 
under chapter 1 of part I''.
---------------------------------------------------------------------------
    (e) \942\ (1) \943\ 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--
---------------------------------------------------------------------------
    \942\ Sec. 301(d)(3) of the FA Act of 1962 (Public Law 87-565) 
added subsec. (e). Subsequently amended by sec. 301(e)(2) of the FA Act 
of 1963 (Public Law 88-205) and by secs. 301(d)(1) and (2) of the FA 
Act of 1964 (Public Law 88-633).
    \943\ Subsec. (e)(1) is popularly referred to as the Hickenlooper 
amendment. Sec. 301(d)(1) of the FA Act of 1964 (Public Law 88-633) 
added para. designation ``(1)''.
    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 2005, vol. I-B.
---------------------------------------------------------------------------
          (A) \944\ 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
---------------------------------------------------------------------------
    \944\ Sec. 301(d)(2) of the FA Act of 1964 (Public Law 88-633) 
redesignated subparas. (1), (2), and (3) as subparas. (A), (B), and 
(C), respectively.
---------------------------------------------------------------------------
          (B) \944\ 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) \944\ 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.\945\
---------------------------------------------------------------------------
    \945\ Sec. 15 of the FA Act of 1973 (Public Law 93-189) struck out 
``no other provision of this Act shall be construed to authorize the 
President to waive the provisions of this subsection'' and inserted in 
lieu thereof ``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''.
---------------------------------------------------------------------------
    Upon request of the President (within seventy days after 
such action referred to in subparagraphs (A), (B), or (C) of 
paragraph (1) \946\ 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.
---------------------------------------------------------------------------
    \946\ Sec. 301(d)(3) of the FA Act of 1964 (Public Law 88-633) 
struck out ``paragraphs (1), (2), or (3)'' and inserted in lieu thereof 
``subparagraphs (A), (B), or (C) of paragraph (1)''.
---------------------------------------------------------------------------
    (2) \947\ 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 \948\ 
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.\949\
---------------------------------------------------------------------------
    \947\ Sec. 301(d)(4) of the FA Act of 1964 (Public Law 88-633) 
added para. (2).
    \948\ Sec. 301(d)(2) of the FA Act of 1965 (Public Law 89-171) 
inserted ``to property''.
    \949\ Sec. 301(d)(2) of the FA Act of 1965 (Public Law 89-171) 
struck out ``, or (3) in any case in which the proceedings are 
commenced after January 1, 1966'' at this point.
    Sec. 527 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236; 22 U.S.C. 2370a), however, provided 
the following:
---------------------------------------------------------------------------

``sec. 527. expropriation of united states property.
---------------------------------------------------------------------------

    ``(a) Prohibition.--None of the funds made available to carry out 
this Act, the Foreign Assistance Act of 1961, or the Arms Export 
Control Act may be provided to a government or any agency or 
instrumentality thereof, if the government of such country (other than 
a country described if subsection (d))--
---------------------------------------------------------------------------

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

  ``(A) nationalized or expropriated the property of any United States 
person,

  ``(B) repudiated or nullified any contract with any United States person, 
or

  ``(C) taken any other action (such as the imposition of discriminatory 
taxes or other exactions) which has the effect of seizing ownership or 
control of the property of any United States person, and

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

  ``(A) returned the property,

  ``(B) provided adequate and effective compensation for such property in 
convertible foreign exchange or other mutually acceptable compensation 
equivalent to the full value thereof, as required by international law,

  ``(C) offered a domestic procedure providing prompt, adequate and 
effective compensation in accordance with international law, or

  ``(D) submitted the dispute to arbitration under the rules of the 
Convention for the Settlement of Investment Disputes or other mutually 
agreeable binding international arbitration procedure.
---------------------------------------------------------------------------

    ``(b) Other Actions.--The President shall instruct the United 
States Executive Directors of each multilateral development bank and 
international financial institution to vote against any loan or other 
utilization of the funds of such bank or institution for the benefit of 
any country to which assistance is prohibited under subsection (a), 
unless such assistance is directed specifically to programs which serve 
the basic human needs of the citizens of that country.
    ``(c) Period for Settlement of Claims.--The period of time 
described in subsection (a)(2) is the latest of the following--
---------------------------------------------------------------------------

  ``(1) 3 years after the date on which a claim was filed,

  ``(2) in the case of a country that has a totalitarian or authoritarian 
government at the time of the action described in subsection (a)(1), 3 
years after the date of installation of a democratically elected 
government, or

  ``(3) 90 days after the date of enactment of this Act.
---------------------------------------------------------------------------

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

  ``(1) A list of every country in which the United States Government is 
aware that a United States person has an outstanding expropriation claim.

  ``(2) The total number of such outstanding expropriation claims made by 
United States persons against each such country.

  ``(3) The period of time in which each such claim has been outstanding.

  ``(4) The status of each case and efforts made by the United States 
Government and the government of the country in which such claim has been 
made, to take one or more of the steps described in subsection (a)(2).

  ``(5) Each project a United States Executive Director voted against as a 
result of the action described in subsection (b).
---------------------------------------------------------------------------

    ``(g) Waiver.--The President may waive the prohibitions in 
subsections (a) and (b) for a country, on an annual basis, if the 
President determines and so notifies Congress that it is in the 
national interest to do so.
    ``(h) Definitions.--For the purpose of this section, the term 
``United States person'' means a United States citizen or corporation, 
partnership, or association at least 50 percent beneficially owned by 
United States citizens.''.
---------------------------------------------------------------------------
    (f) \950\ (1) \951\ 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: \952\
---------------------------------------------------------------------------
    \950\ Sec. 301(d)(3) of the FA Act of 1962 (Public Law 87-565) 
added subsec. (f).
    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).
    \951\ 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 para. 
(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 September 7, 1989 (Department of State memoranda to 
Chairman, House Committee on Foreign Affairs, September 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).
    \952\ Sec. 573 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 
Stat. 1653), struck the Mongolian People's Republic from the list.
    Previously, Sec. 901 of the FREEDOM Support Act (Public Law 102-
511; 106 Stat. 3355) struck the Czechoslovak Socialist Republic, 
Estonia, German Democratic Republic, Hungarian People's Republic, 
Latvia, Lithuania, People's Republic of Albania, People's Republic of 
Bulgaria, Polish People's Republic, Socialist Federal Republic of 
Yugoslavia, Socialist Republic of Romania, and Union of Soviet 
Socialist Republics (including its captive constituent republics) from 
the list.
    Previously, sec. 707 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1546) made 
technical changes to this sentence in subsec. (f) and to the list of 
countries.
---------------------------------------------------------------------------
          Democratic People's Republic of Korea.
          People's Republic of China.
          Republic of Cuba.
          Socialist Republic of Vietnam.
          Tibet.
    (2) \951\ 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) \953\ 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.\954\
---------------------------------------------------------------------------
    \953\ Sec. 301(d)(3) of the FA Act of 1962 (Public Law 87-565) 
added subsecs. (g) and (h).
    \954\ Sec. 1203 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 277) added the last 
sentence.
---------------------------------------------------------------------------
    (h) \953\ 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).\955\
---------------------------------------------------------------------------
    \955\ Sec. 705(3) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``the Communist-bloc countries'', and inserted 
in lieu thereof ``any country that is a Communist country for purposes 
of subsection (f)''.
---------------------------------------------------------------------------
    (i) \956\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \956\ Subsec. (i), as added by sec. 301(e)(3) of the FA Act of 1963 
(Public Law 88-205) and amended by sec. 301(h)(1) of the FA Act of 1966 
(Public Law 89-583), was repealed by sec. 734(a)(1) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560). Formerly, subsec. (i) had prohibited any 
foreign assistance or sales under Public Law 480 to countries engaging 
in or preparing for aggressive military efforts or participating in an 
international conference involving the planning of insurrection or 
subversion directed against the United States or other nations 
receiving American foreign aid or Public Law 480 sales.
---------------------------------------------------------------------------
    (j) \957\ 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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    \957\ Subsec. (j), which was added by sec. 301(e)(3) of the FA Act 
of 1963 (Public Law 88-205), was amended and restated by sec. 301(f)(1) 
of the FA Act of 1967 (Public Law 90-137). 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) \958\ 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.\959\ Except as otherwise 
provided in section 506,\960\ 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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    \958\ Subsec. (k), which was added by sec. 301(e)(3) of the FA Act 
of 1963 (Public Law 88-205), was amended by sec. 301(h)(2) of the FA 
Act of 1966 (Public Law 89-583). 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.''.
    \959\ Sec. 606 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) inserted 
``, 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''. 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).
    \960\ Sec. 301(f)(2) of the FA Act of 1967 (Public Law 90-137) 
struck out ``510'' and inserted in lieu thereof ``506''.
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    (l) \961\ 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) \962\ 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).\962\
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    \961\ Subsec. (l), which was added by sec. 301(e)(3) of the FA Act 
of 1963 (Public Law 88-205), was amended and restated by sec. 301(h)(3) 
of the FA Act of 1966 (Public Law 89-583). It formerly read, as 
amended, 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).''.
    \962\ Sec. 115(k) of Public Law 95-424 (92 Stat. 952) struck out 
``221(b)(1)'' and inserted in lieu thereof ``234(a)(1)''.
---------------------------------------------------------------------------
    (m) \963\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \963\ 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 (Public Law 88-205), amended by sec. 
301(g) of the FA Act of 1964 (Public Law 88-633), 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) \964\ * * * [Repealed--1977]
---------------------------------------------------------------------------
    \964\ Subsec. (n), as added by sec. 301(d)(4) of the FA Act of 1965 
(Public Law 89-171) and amended by the FA Acts 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) \965\ 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.
---------------------------------------------------------------------------
    \965\ Sec. 301(d)(4) of the FA Act of 1965 (Public Law 89-171) 
added subsec. (o).
---------------------------------------------------------------------------
    (p) \966\ * * * [Repealed--1974]
---------------------------------------------------------------------------
    \966\ Subsec. (p), as added by sec. 301(h)(5) of the FA Act of 1966 
(Public Law 89-583), and related to assistance to the United Arab 
Republic, was repealed by sec. 44 of the FA Act of 1974 (Public Law 93-
559).
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    (q) \967\ 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.
---------------------------------------------------------------------------
    \967\ Sec. 301(h)(5) of the FA Act of 1966 (Public Law 89-583) 
added subsecs. (q) and (r).
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2199, 2210), 
provided the following:
---------------------------------------------------------------------------

``limitation on assistance to countries in default
---------------------------------------------------------------------------

    ``Sec. 512. No part of any appropriation contained in this Act 
shall be used to furnish assistance to the government of any country 
which is in default during a period in excess of 1 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.
---------------------------------------------------------------------------

* * * * * * *

``special authorities
---------------------------------------------------------------------------

    ``Sec. 534. * * *
    ``(j) Extension of Authority.--
---------------------------------------------------------------------------

  ``(1) With respect to funds appropriated by this Act that are available 
for assistance for Pakistan, the President may waive the prohibition on 
assistance contained in section 508 of this Act subject to the requirements 
contained in section 1(b) of Public Law 107-57, as amended, for a 
determination and certification, and consultation, by the President prior 
to the exercise of such waiver authority.

  ``(2) Section 512 of this Act and section 620(q) of the Foreign 
Assistance Act of 1961 shall not apply with respect to assistance for 
Pakistan from funds appropriated by this Act.

  ``(3) Notwithstanding the date contained in section 6 of Public Law 107-
57, as amended, the provisions of sections 2 and 4 of that Act shall remain 
in effect through the current fiscal year.''.
---------------------------------------------------------------------------

    On December 18, 2004, the Secretary of State determined ``that 
assistance to the Dominican Republic is in the national interest of the 
United States and thereby waive[d] with respect to that country, the 
application of section 620(q) of the FAA from the date it would 
otherwise have been applicable and section 512 of the FOAA, as well as 
any provision of law that is the same or substantially the same as such 
provisions, including subsequently enacted provisions.'' (Department of 
State Public Notice 5001; 70 F.R. 9125).
---------------------------------------------------------------------------
    (r) \967\ 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) \968\ (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: \969\
---------------------------------------------------------------------------
    \968\ Subsec. (s), added by sec. 301(f)(4) of the FA Act of 1967 
(Public Law 90-137), was amended and restated by sec. 303(a) of the FA 
Act of 1969 (Public Law 91-175).
    \969\ For text, see Legislation on Foreign Relations Through 2005, 
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 \970\ 
        resources to acquire military equipment.
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    \970\ Sec. 734(b) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) inserted 
``or other'' in subpara. (B) and repealed subpara. (C), which had 
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) \971\ 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.
---------------------------------------------------------------------------
    \971\ 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) \972\ 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.
---------------------------------------------------------------------------
    \972\ Sec. 301(f)(4) of the FA Act of 1967 (Public Law 90-137) 
added subsecs. (t) and (u).
---------------------------------------------------------------------------
    (u) \972\ 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) \973\ * * * [Repealed--1974]
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    \973\ Subsec. (v), relating to assistance to Greece, was added by 
sec. 301 of the FA Act of 1971 (Public Law 92-226) and repealed by sec. 
24 of the FA Act of 1974 (Public Law 93-559).
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    (w) \974\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \974\ Subsec. (w), relating to the suspension of aid to Pakistan, 
was added by the FA Act of 1971 (Public Law 92-226), and 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) \975\ (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,\976\ 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 \977\ 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 
\978\ 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.\979\ 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).\980\ 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.\981\
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    \975\ Sec. 22 of the FA Act of 1974 (Public Law 93-559) added 
subsec. (x). 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.
    \976\ Renamed the Arms Export Control Act.
    \977\ 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.
    \978\ Sec. 22(d)(2) of the International Security Assistance Act of 
1977 (Public Law 95-92; 91 Stat. 624) inserted ``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.''.
    \979\ Sec. 22(d)(3) of the International Security Assistance Act of 
1977 (Public Law 95-92; 91 Stat. 624) struck out ``$125,000,000'' and 
inserted in lieu thereof ``$175,000,000''.
    \980\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-B.
    \981\ Sec. 403 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 757) amended 
sec. 620(x)(1) beginning with the words ``Provided, That for the fiscal 
year * * *''. Sec. 620(x)(1) formerly read as follows: Provided, That 
the President is authorized to suspend the provisions of this section 
and such acts if he determines that such suspension will further 
negotiations for a peaceful solution of the Cyprus conflict. Any such 
suspension shall be effective only until February 5, 1975, and only if, 
during that time, Turkey shall observe the ceasefire and shall neither 
increase its forces in Cyprus nor transfer to Cyprus any U.S. supplied 
implements of war.''.
---------------------------------------------------------------------------
    (2) \982\ The President shall submit to the Congress within 
60 days after the enactment of this paragraph 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.
---------------------------------------------------------------------------
    \982\ Sec. 2(a)(2) of Public Law 94-104 added para. (2). Para. (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 2005, vol. I-B, for explanation of the effective date of para. 
(2).
---------------------------------------------------------------------------
    (y) \983\ (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.
---------------------------------------------------------------------------
    \983\ Sec. 2810(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (subdivision B of division G of Public Law 
105-277; 112 Stat. 2861), added subsec. (y). Subsec. (b) of that 
section provided that the amendment ``* * * shall apply with respect to 
assistance provided in fiscal years beginning on or after the date of 
the enactment of this Act.''.
---------------------------------------------------------------------------
    (2) The requirement to withhold assistance for a country 
for a fiscal year under paragraph (1) shall not apply if Cuba--
          (A) has ratified the Treaty on the Non-Proliferation 
        of Nuclear Weapons (21 UST 483) or the Treaty of 
        Tlatelelco, and Cuba is in compliance with the 
        requirements of either such Treaty;
          (B) has negotiated and is in compliance with full-
        scope safeguards of the International Atomic Energy 
        Agency not later than two years after ratification by 
        Cuba of such Treaty; and
          (C) incorporates and is in compliance with 
        internationally accepted nuclear safety standards.
    (3) The Secretary of State shall prepare and submit to the 
Congress each year a report containing a description of the 
amount of nuclear fuel and related assistance and credits 
provided by any country, or any entity of a country, to Cuba 
during the preceding year, including the terms of each transfer 
of such fuel, assistance, or credits.
    Sec. 620A.\984\, \985\ Prohibition on Assistance 
to Governments Supporting International Terrorism.
---------------------------------------------------------------------------
    \984\ 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.''. Subsequently, Iraq was removed from the list of 6(j) 
countries, in Department of State Public Notice 4863, issued October 7, 
2004 (69 F.R. 61702), and in Presidential Determination No. 2040-52 of 
September 24, 2004 (69 F.R. 58793), which stated, in part: ``(1) There 
has been a fundamental change in the leadership and policies of the 
Government of Iraq; (2) Iraq's government is not supporting acts of 
international terrorism; and (3) Iraq's government has provided 
assurances that it will not support acts of international terrorism in 
the future * * * This certification shall also satisfy the provisions 
of section 620A(c)(1) of the Foreign Assistance Act of 1961, Public Law 
87-195, as amended, and section 40(f)(1)(A) of the Arms Export Control 
Act, Public Law 90-629, as amended''.
    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 13, 2005, the Secretary 
of State determined and certified, ``that the following countries are 
not cooperating fully with United States antiterrorism efforts: Cuba; 
Iran; Libya; North Korea; Syria. I hereby notify that the decision to 
retain Libya on the list of countries not fully cooperating with U.S. 
antiterrorism efforts comes in the context of an on-going and 
comprehensive review of Libya's record of support for terrorism. 
Although this process is not complete, Libya has taken significant 
steps to repudiate its past support for terrorism. When our review of 
Libya's overall record is complete, we will be pleased to consult with 
the Congress further.'' (Department of State Public Notice No. 5085; 70 
F.R. 28979).
    Previously, title I, chapter 3 of the Emergency Wartime 
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 Stat. 
579), as amended, 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, including 
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.''.
    On May 7, 2003, the President issued Determination No. 2003-23 (68 
F.R. 26459) to suspend the application of the Iraq Sanctions Act of 
1990 (except sec. 586E), and sec. 620A of this Act with respect to 
Iraq.
    \985\ Sec. 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).
    Sec. 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, 2006 (Public Law 109-102; 119 Stat. 2205, 2212, 
2213), provided the following:
---------------------------------------------------------------------------

``prohibition on bilateral assistance to terrorist countries
---------------------------------------------------------------------------

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

  ``(1) grants sanctuary from prosecution to any individual or group which 
has committed an act of international terrorism; or

  ``(2) otherwise supports international terrorism.
---------------------------------------------------------------------------

    ``(b) The President may waive the application of subsection (a) to 
a country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least 15 days before the 
waiver takes effect, shall notify the Committees on Appropriations of 
the waiver (including the justification for the waiver) in accordance 
with the regular notification procedures of the Committees on 
Appropriations.
---------------------------------------------------------------------------

* * * * * * *

``eligibility for assistance
---------------------------------------------------------------------------

    ``Sec. 536. (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 2006, 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. 542. (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 of 1979. 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 in that Act: sec. 534--Special Authorities; and sec. 536--
Eligibility for Assistance.
    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 2005, vol. I-B.
---------------------------------------------------------------------------
    (a) \986\ 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.
---------------------------------------------------------------------------
    \986\ See also 18 U.S.C. 2332d, as added by sec. 321 of Public Law 
104-132 (110 Stat. 1254), which provides that U.S. persons engaging in 
financial transactions with the government of a country designated as 
supporting international terrorism under sec. 6(j) of the Export 
Administration Act (50 U.S.C. App. 2405) shall be fined under title 18, 
imprisoned for not more than 10 years, or both.
---------------------------------------------------------------------------
    (b) Publication of Determinations.--Each determination of 
the Secretary of State under subsection (a), including each 
determination in effect on the date of the enactment of the 
Antiterrorism and Arms Export Amendments Act of 1989, shall be 
published in the Federal Register.
    (c) Rescission.--A determination made by the Secretary of 
State under subsection (a) may not be rescinded unless the 
President submits to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate--
          (1) before the proposed rescission would take effect, 
        a report certifying that--
                  (A) there has been a fundamental change in 
                the leadership and policies of the government 
                of the country concerned;
                  (B) that government is not supporting acts of 
                international terrorism;
                  (C) that government has provided assurances 
                that it will not support acts of international 
                terrorism in the future; or
          (2) at least 45 days before the proposed rescission 
        would take effect, a report justifying the rescission 
        and certifying that--
                  (A) the government concerned has not provided 
                any support for international terrorism during 
                the preceding 6-month period; and
                  (B) the government concerned has provided 
                assurances that it will not support acts of 
                international terrorism in the future.
    (d) Waiver.--Assistance prohibited by subsection (a) may be 
provided to a country described in that subsection if--
          (1) the President determines that national security 
        interests or humanitarian reasons justify a waiver of 
        subsection (a), except that humanitarian reasons may 
        not be used to justify assistance under part II of this 
        Act (including chapter 4, chapter 6, and chapter 8), or 
        the Export-Import Bank Act of 1945; and
          (2) at least 15 days before the waiver takes effect, 
        the President consults with the Committee on Foreign 
        Affairs \987\ 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--
---------------------------------------------------------------------------
    \987\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
                  (A) the name of the recipient country;
                  (B) a description of the national security 
                interests or humanitarian reasons which require 
                the waiver;
                  (C) the type and amount of and the 
                justification for the assistance to be provided 
                pursuant to the waiver; and
                  (D) the period of time during which such 
                waiver will be effective.
The waiver authority granted in this subsection may not be used 
to provide any assistance under the Foreign Assistance Act of 
1961 which is also prohibited by section 40 of the Arms Export 
Control Act.
    Sec. 620B.\988\ Prohibition Against Assistance and Sales to 
Argentina. * * * [Repealed--1981]
---------------------------------------------------------------------------
    \988\ Sec. 620B, 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, 
imposing conditions on U.S. assistance and sales to Argentina, was 
repealed in 1989.
---------------------------------------------------------------------------
    Sec. 620C.\989\ 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--
---------------------------------------------------------------------------
    \989\ 22 U.S.C. 2373. Sec. 13(b) of the International Security 
Assistance Act of 1978 (Public Law 95-384; 92 Stat. 737) added sec. 
620C.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2180), 
provided the following:
---------------------------------------------------------------------------

``economic support fund
---------------------------------------------------------------------------

    ``* * * Provided further, That $20,000,000 of the funds 
appropriated under this heading should 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: * * *''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
---------------------------------------------------------------------------
          (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) \990\ 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.
---------------------------------------------------------------------------
    \990\ 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.''.
    The President delegated the reporting requirement function in 
subsec. (c) to the Secretary of State on July 31, 2002 (Executive Order 
13313; 68 F.R. 46073).
---------------------------------------------------------------------------
    (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) \991\ (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.
---------------------------------------------------------------------------
    \991\ 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) added subsec. (e).
---------------------------------------------------------------------------
    (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.\992\, \993\ [Repealed--2004]
---------------------------------------------------------------------------
    \992\ Formerly at 22 U.S.C. 2374. Sec. 7104(l) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 
Stat. 3788) repealed sec. 620D, which had prohibited assistance to 
Afghanistan until certain conditions were met. Sec. 620D was originally 
added by sec. 505 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 378).
    \993\ In a determination of October 7, 1992, directed to the 
Secretary of State, the President stated:
    ``By virtue of the authority vested in me by section 620D(b) of the 
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2374(b)), I 
hereby determine that furnishing assistance to Afghanistan with funds 
authorized to be appropriated under that Act is in the national 
interest of the United States because of substantially changed 
circumstances in Afghanistan.
    ``By virtue of the authority vested in me by section 2(b)(2)(C) of 
the Export-Import Bank Act of 1945, as amended (12 U.S.C. 
635(b)(2)(C)), I hereby determine that Afghanistan has ceased to be a 
Marxist-Leninist country within the definition of such term in 
subparagraph (B)(i) of section 2(b)(2) of that Act (12 U.S.C. 
635(b)(2)(B)(i)).
    ``In accordance with section 118(c)(1) of Public Law 99-190 (99 
Stat. 1319), I hereby provide notice of my intention to restore 
nondiscriminatory trade treatment to the products of Afghanistan no 
sooner than 30 days following receipt by the Congress of this 
memorandum.'' (Presidential Determination No. 93-3 of October 7, 1992; 
57 F.R. 47557).
---------------------------------------------------------------------------
    Sec. 620E.\994\ 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.
---------------------------------------------------------------------------
    \994\ 22 U.S.C. 2375. Sec. 620E was added by sec. 736 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1561). The President exercised his authority under 
subsec. (d) on Feb. 10, 1982 (Presidential Determination No. 82-7).
---------------------------------------------------------------------------
    (b) The United States reaffirms the commitment made in its 
1959 bilateral agreement with Pakistan relating to aggression 
from a Communist or Communist-dominated state.
    (c) Security assistance for Pakistan shall be made 
available in order to assist Pakistan in dealing with the 
threat to its security posed by the Soviet presence in 
Afghanistan. The United States will take appropriate steps to 
ensure that defense articles provided by the United States to 
Pakistan are used for defensive purposes.
    (d) \995\ 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.
---------------------------------------------------------------------------
    \995\ Sec. 822(b)(2) of the Nuclear Proliferation Prevention Act of 
1994 (title VIII of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995; Public Law 103-236; 108 Stat. 507 at 512), amended 
and restated subsec. (d). The subsec. formerly read, as previously 
amended, as follows:
    ``(d) The President may waive the prohibitions of section 669 of 
this Act at any time during the period beginning on the date of 
enactment of this section and ending on September 30, 1994, to provide 
assistance to Pakistan during that period if he determines that to do 
so is in the national interest of the United States.''.
    See the next note relating to Presidential determinations.
---------------------------------------------------------------------------
    (e) \996\ (1) \997\ No military assistance \998\ 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 \999\ is to be sold or transferred, 
that Pakistan does not possess a nuclear explosive device and 
that the proposed United States military assistance \1000\ 
program will reduce significantly the risk that Pakistan will 
possess a nuclear explosive device.
---------------------------------------------------------------------------
    \996\ 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 and sec. 2(b)(4) of the Export-
Import Bank Act of 1945 (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:
---------------------------------------------------------------------------

``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.
---------------------------------------------------------------------------

    ``(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. On March 14, 2003, the President 
determined that a waiver of the coup-related sanctions imposed against 
Pakistan ``would facilitate the transition to democratic rule in 
Pakistan; and is important to United States efforts to respond to, 
deter, or prevent acts of international terrorism'' and thus waived the 
sanctions for FY 2003 (Presidential Determination No. 2003-16; 68 F.R. 
13803). The President waived the sanctions for fiscal year 2004 in 
Presidential Determination No. 2004-26 of March 24, 2004 (69 F.R. 
21675), and for fiscal year 2005 in Presidential Determination No. 
2005-21 of February 15, 2005 (70 F.R. 10313). Sec. 7103(c) of Public 
Law 108-458 sought to amend Public Law 107-57 to extend its 
applicability through fiscal year 2006; that amendment, however, was 
not executable because of an earlier executed amendment in Public Law 
108-447, which removed text that Public Law 108-458 cited. For Public 
Law 107-57, as amended, see Legislation on Foreign Relations Through 
2005, vol. I-B.
    Sec. 534 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2210), 
however, provided the following, relating to Public Law 107-57 and 
other economic restrictions imposed on Pakistan:
---------------------------------------------------------------------------

``special authorities
---------------------------------------------------------------------------

    ``Sec. 534. * * *
    ``(j) Extension of Authority.--
---------------------------------------------------------------------------

  ``(1) With respect to funds appropriated by this Act that are available 
for assistance for Pakistan, the President may waive the prohibition on 
assistance contained in section 508 of this Act subject to the requirements 
contained in section 1(b) of Public Law 107-57, as amended, for a 
determination and certification, and consultation, by the President prior 
to the exercise of such waiver authority.

  ``(2) Section 512 of this Act and section 620(q) of the Foreign 
Assistance Act of 1961 shall not apply with respect to assistance for 
Pakistan from funds appropriated by this Act.

  ``(3) Notwithstanding the date contained in section 6 of Public Law 107-
57, as amended, the provisions of sections 2 and 4 of that Act shall remain 
in effect through the current fiscal year.''.
---------------------------------------------------------------------------

    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).
    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.
    \997\ 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.''
    \998\ 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''.
    \999\ 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''.
    \1000\ 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) \997\ 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) \997\ The restrictions of this subsection shall 
continue to apply to contracts for the delivery of F-16 
aircraft to Pakistan.
    (4) \997\ 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) \1001\ 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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    \1001\ 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) \1001\ 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) \1001\ 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.\1002\ NUCLEAR NON-PROLIFERATION POLICY IN SOUTH ASIA.
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    \1002\ 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) \1003\ Report on Progress Toward Regional Non-
Proliferation.--Not later than April 1 of each year,\1004\ 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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    \1003\ 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).
    \1004\ 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.\1005\ 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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    \1005\ 22 U.S.C. 2377. Added by sec. 325 of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1256).
    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.\1006\ 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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    \1006\ 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.\1007\ 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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    \1007\ 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.
    Sec. 542 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2213), 
provided the following:
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``Prohibition on Assistance to Foreign Governments that Export Lethal 
Military Equipment to Countries Supporting International Terrorism
---------------------------------------------------------------------------

    ``Sec. 542. (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 of 1979. 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.''.
    On April 21, 1999, the State Department issued Public Notice 3039 
that ``[t]he United States Government has determined that the 
Government of Russia transferred lethal military equipment to a country 
determined by the Secretary of State to be a state sponsor of 
terrorism. The United States Government determined that, despite the 
transfers, furnishing assistance to the Government of Russia, other 
than assistance furnished to the three Russian entities specifically 
involved in the transfer of lethal military equipment, is important to 
the national interests of the United States. Further it is the policy 
of the United States Government to deny U.S. Government assistance to 
these three entities.'' (64 F.R. 23148). Restrictions against two 
entities were lifted on March 26, 2004 (Department of State Public 
Notice 4675; 69 F.R. 17263).
    Similar determinations were made involving entities in Russia 
(Department of State Public Notice 3059; 64 F.R. 31029; June 9, 1999) 
(partially lifted on March 26, 2004 (Department of State Public Notice 
4675; 69 F.R. 17263)); the Government of Kazakhstan and named entities 
(Department of State Public Notice 3175; 64 F.R. 70103; December 9, 
1999); the Government of Russia and named entities (Department of State 
Public Notice 4120; 67 F.R. 57865; September 6, 2002); and the 
Government of Russia and named entities (Department of State Public 
Notice 4491; 68 F.R. 54259; September 10, 2003).
    On September 27, 1999, the State Department issued a determination 
pursuant to sec. 620H but concluded ``that publication of the 
determination would be harmful to the national security of the United 
States'' and thus did not disclose the country at issue (Department of 
State Public Notice 3129; 64 F.R. 53434). Similar determinations, in 
which the country was not disclosed, were made on June 14, 2000 
(Department of State Public Notice 3340; 65 F.R. 39219); March 5, 2003 
(Department of State Public Notice 4298; 68 F.R. 11606); October 14, 
2004 (Department of State Public Notice 4879; 69 F.R. 62112); and on 
October 28, 2004 (Department of State Public Notice 4886; 69 F.R. 
64803).
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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.\1008\
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    \1008\ ``[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.\1009\, \1010\ Prohibition on 
Assistance to Countries That Restrict United States 
Humanitarian Assistance.--
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    \1009\ 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).
    \1010\ 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.\1011\ Exercise of Functions.\1012\--(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.\1013\
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    \1011\ 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
---------------------------------------------------------------------------

    ``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:
---------------------------------------------------------------------------

``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.''.
    \1012\ Sec. 302(a) of the FA Act of 1962 (Public Law 87-565) struck 
out subsec. designation ``(a)'' and repealed subsecs. (b), (c), (d), 
and (e). Subsequently, sec. 302(a) of the FA Act of 1968 (Public Law 
90-554) inserted new subsec. designation ``(a)'' and added subsec. (b).
    \1013\ Sec. 302(a) of the FA Act of 1963 (Public Law 88-205) 
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) \1012\ 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.\1014\ 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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    \1014\ 22 U.S.C. 2381a. Sec. 302(b) of the FA Act of 1968 (Public 
Law 90-554) added sec. 621A.
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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) \1015\ * * * [Repealed--1978]
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    \1015\ Sec. 502(d)(1) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959) repealed 
subsec. (c), which had called for an annual report from the President 
regarding the implementation of this section.
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    Sec. 622.\1016\ 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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    \1016\ 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 
\1017\ are coordinated with political and economic 
considerations, and his comments shall accompany such 
recommendations if he so desires.
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    \1017\ Sec. 302(a)(1) of the FA Act of 1966 (Public Law 89-583) 
struck out ``(including any civil action and sales program)'' and 
inserted in lieu thereof ``(including civic action) or sales 
programs''. 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 inserted ``and military education and 
training''.
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    (c) \1018\ 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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    \1018\ Sec. 106(b) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) 
amended and restated subsec. (c).
    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.\1019\ 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--
---------------------------------------------------------------------------
    \1019\ 22 U.S.C. 2383.
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          (1) the determination of military end-item 
        requirements;
          (2) the procurement of military equipment in a manner 
        which permits its integration with service programs;
          (3) the supervision of end-item use by the recipient 
        countries;
          (4) the supervision of the training of foreign 
        military and related civilian \1020\ personnel;
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    \1020\ Sec. 106(b) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) 
inserted ``and related civilian''.
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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.\1021\
---------------------------------------------------------------------------
    \1021\ Sec. 106(b) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) 
inserted ``, education and training''.
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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.\1022\ Statutory Officers.--(a) The President may 
appoint, by and with the advice and consent of the Senate, 
twelve officers \1023\ in the agency primarily responsible for 
administering part I, * * * [Repealed--1964]
---------------------------------------------------------------------------
    \1022\ 22 U.S.C. 2384.
    \1023\ 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] \1024\ and in the 
        selection of one of
---------------------------------------------------------------------------
    \1024\ 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 \1025\ 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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    \1025\ Sec. 302(b)(1) of the FA Act of 1965 (Public Law 89-171) 
struck out ``paragraph (3) of'' at this point, and also struck out ``of 
the officers provided for in paragraphs (1) and (2) of that 
subsection'' and inserted in lieu thereof ``or one or more of said 
officers'' at the end of the sentence.
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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) \1026\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \1026\ Sec. 124(a) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 541) repealed 
subsec. (d), which concerned the office of Inspector General, Foreign 
Assistance.
---------------------------------------------------------------------------
    (e) \1027\ 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.
---------------------------------------------------------------------------
    \1027\ Sec. 302 of the FA Act of 1971 (Public law 92-226) added 
subsec. (e).
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    (f) \1028\ * * * [Repealed--1994]
---------------------------------------------------------------------------
    \1028\ 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) \1029\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1029\ Subsec. (g), 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 2005, vol. IV, sec. N. for text.
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    Sec. 625.\1030\ 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.
---------------------------------------------------------------------------
    \1030\ 22 U.S.C. 2385.
---------------------------------------------------------------------------
    (b) Of the personnel employed in the United States to carry 
out part I or coordinate part I and part II, not to exceed one 
hundred and ten \1031\ 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,\1032\ but 
not in excess of the highest rate of grade 18 of such general 
schedule: \1033\ 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.\1034\
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    \1031\ Sec. 301(c)(1) of the FA Act of 1962 (Public law 87-565) 
struck out ``seventy-six'' and inserted in lieu thereof ``one hundred 
and ten''.
    \1032\ Sec. 302(b)(1) of the FA Act of 1967 (Public Law 90-137) 
struck out ``the Classification Act of 1949, as amended (5 U.S.C. 1071 
et seq.)'' and inserted in lieu thereof ``section 5332 of title 5 of 
the United States Code'' in lieu of .
    \1033\ Sec. 1001(k)(1) of the Postal Service and Federal Employees 
Salary Act of 1962 (Public Law 87-793) struck out ``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'' and inserted in lieu thereof ``but not in excess of 
the highest rate of grade 18 of such general schedule''.
    \1034\ Sec. 302(b)(2) of the FA Act of 1967 (Public Law 90-137) 
struck out ``505 of the Classification Act of 1949, as amended'' and 
inserted in lieu thereof ``5108 of title 5 of the United States Code''.
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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,\1035\ 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.\1036\ 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.\1037\
---------------------------------------------------------------------------
    \1035\ Sec. 302(c) of the FA Act of 1968 (Public Law 90-554) 
inserted ``or any Act superseding part II in whole or in part,''.
    \1036\ Sec. 302(c)(1) of the FA Act of 1967 (Public Law 90-137) 
struck out ``the Classification Act of 1949, as amended'' and inserted 
in lieu thereof ``section 5332 of title 5 of the United States Code''.
    Sec. 1001(k)(2) of the Postal Service and Federal Employees Salary 
Act of 1962 (Public Law 87-793) struck out ``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'' and inserted in lieu thereof ``but not in excess of 
the highest rate of grade 18 of such general schedule''.
    \1037\ Sec. 302(c)(2) of the FA Act of 1967 (Public Law 90-137) 
struck out ``505 of the Classification Act of 1949, as amended'' and 
inserted in lieu thereof ``5108 of title 5 of the United States Code''.
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    (d) \1038\ 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.\1039\ 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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    \1038\ Sec. 2203(a) of the Foreign Service Act of 1980 (Public Law 
96-465; 94 Stat. 2158) amended and restated subsec. (d). Subsec. (d) 
had previously been amended by the FA Act of 1962 (Public law 87-565), 
the FA Act of 1964 (Public Law 88-633), the FA Act of 1967 (Public Law 
90-137), and by the International Development and Food Assistance Act 
of 1977 (Public Law 95-88).
    \1039\ Sec. 703 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544)inserted the 
references to chapter 53 of title 5, U.S. Code, and ``any other rate 
authorized by law''.
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    (e) \1040\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1040\ Sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 
96-465; 94 Stat. 2160) repealed subsec. (e), which had authorized the 
President to prescribe standards for maintaining adequate performance 
levels of specified personnel.
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    (f) \1041\ 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.
---------------------------------------------------------------------------
    \1041\ Sec. 302(c)(3) of the FA Act of 1962 (Public Law 87-565) 
amended and restated sec. 625(f).
---------------------------------------------------------------------------
    (g) \1042\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1042\ Sec. 2205(8) of the Foreign Service Act of 1980 (Public Law 
96-465; 94 Stat. 2160) repealed subsec. (g), which concerned foreign 
language competence of personnel carrying out functions under this Act.
---------------------------------------------------------------------------
    (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) \1043\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1043\ Subsec. (j), added by the FA Act of 1964 (Public Law 88-633) 
and which had concerned the Presidential appointment of U.S. 
representatives to the Inter-American Committee on the Alliance for 
Progress, was repealed by sec. 2205(8) of the Foreign Service Act of 
1980 (Public Law 96-465; 94 Stat. 2160).
---------------------------------------------------------------------------
    (k) \1044\ * * * [Repealed--1980]
---------------------------------------------------------------------------
    \1044\ Subsec. (k), 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.\1045\ 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,\1046\ 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,\1047\ 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.
---------------------------------------------------------------------------
    \1045\ 22 U.S.C. 2386.
    \1046\ Sec. 302(e)(1) of the FA Act of 1967 (Public Law 90-137) 
struck out ``15 of the Act of August 22, 1946, as amended (5 U.S.C. 
55a)'' and inserted in lieu thereof ``3109 of title 5 of the United 
States Code''.
    \1047\ Sec. 603 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 766) struck out 
``$100 per diem'' and inserted in lieu thereof ``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,''.
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    (b) \1048\ Service of an individual as an expert or 
consultant under subsection (a) of this section shall not 
\1049\ be considered as employment or holding of office or 
position bringing such individual within the provisions of 
section 3323(a) \1050\ of title 5 of the United States Code.
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    \1048\ Sec. 302(c)(1) of the FA Act of 1963 (Public Law 88-205) 
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.
    \1049\ Sec. 302(c)(2) of the FA Act of 1963 (Public Law 88-205) 
struck out ``Nor shall such service'' and inserted in lieu thereof 
``Service of an individual as an expert or consultant under subsection 
(a) of this section shall not''.
    \1050\ Sec. 126 of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 542) struck out 
reference to secs. 3323(a) and 8344 of 5 USC, and sec. 872 of the 
Foreign Service Act of 1946, and inserted in lieu thereof ``section 
3323(a)''.
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    (c) \1051\ 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.
---------------------------------------------------------------------------
    \1051\ Sec. 302(d) of the FA Act of 1965 (Public Law 89-171) 
redesignated subsec. (d) as subsec. (c). Former subsec. (c), relating 
to employment of retired officers, was repealed by the Dual 
Compensation Act (Public Law 88-448).
---------------------------------------------------------------------------
    Sec. 627.\1052\ 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.
---------------------------------------------------------------------------
    \1052\ 22 U.S.C. 2387.
---------------------------------------------------------------------------
    Sec. 628.\1053\ 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.
---------------------------------------------------------------------------
    \1053\ 22 U.S.C. 2388.
---------------------------------------------------------------------------
    Sec. 629.\1054\ 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.
---------------------------------------------------------------------------
    \1054\ 22 U.S.C. 2389.
---------------------------------------------------------------------------
    (b) Any officer or employee assigned, detailed, or 
appointed under section 627, 628, 631, or 624(d) \1055\ 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.\1056\ 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.\1057\
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    \1055\ Sec. 302(d) of the FA Act of 1962 (Public Law 87-565) struck 
out ``624(e)'' and inserted in lieu thereof ``624(d)''.
    \1056\ Sec. 2203(b) of the Foreign Service Act of 1980 (Public Law 
96-465; 94 Stat. 2158) struck out ``section 901 of the Foreign Service 
Act of 1946'' and inserted in lieu thereof ``section 905 of the Foreign 
Service Act of 1980''.
    \1057\ Sec. 302(f) of the FA Act of 1967 (Public Law 90-137) struck 
out ``1765 of the Revised Statutes (5 U.S.C. 70)'' and inserted in lieu 
thereof ``5536 of title 5 of the United States Code''.
---------------------------------------------------------------------------
    Sec. 630.\1058\ 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--
\1059\
---------------------------------------------------------------------------
    \1058\ 22 U.S.C. 2390.
    \1059\ For text, see Legislation on Foreign Relations Through 2005, 
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,\1060\ 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,\1060\ or 
        allowances, or to the appropriation, fund, or account 
        currently available for such purposes;
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    \1060\ Sec. 302(e) of the FA Act of 1965 (Public Law 89-171) 
inserted ``benefits''.
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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 \1060\ 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.\1061\ 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.
---------------------------------------------------------------------------
    \1061\ 22 U.S.C. 2391.
---------------------------------------------------------------------------
    (b) The chief and his deputy of each special mission or 
staff carrying out the purposes of part I shall be appointed by 
the President, and may, notwithstanding any other law, be 
removed by the President at his discretion. Such chief shall be 
entitled to receive such compensation and allowances as are 
authorized by the Foreign Service Act of 1980, not to exceed 
those authorized for a chief of mission (as defined in section 
102(a)(3) of that Act), as the President shall determine to be 
appropriate.\1062\
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    \1062\ Sec. 2203(c) of the Foreign Service Act of 1980 (Public Law 
96-465; 94 Stat. 2158) amended and restated this sentence. The former 
text made reference to the Foreign Service Act of 1946, which was 
repealed by the 1980 Act.
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    (c) \1063\ 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.\1064\ 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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    \1063\ Sec. 302(d) of the FA Act of 1963 (Public Law 88-205) added 
subsec. (c).
    \1064\ Sec. 2203(d) of the Foreign Service Act of 1980 (Public Law 
96-465; 94 Stat. 2158) amended and restated this sentence. The former 
text made reference to the Foreign Service Act of 1946, which was 
repealed by the 1980 Act.
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    (d) \1065\ Wherever practicable, especially in the case of 
the smaller programs, assistance under part I of this Act 
\1066\ shall be administered under the direction of the Chief 
of the United States Diplomatic Mission by the principal 
economic officer of the mission.\1067\
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    \1065\ Sec. 302(f) of the FA Act of 1965 (Public Law 89-171) added 
subsec. (d).
    \1066\ Sec. 7(b)(1) of the International Security Assistance Act of 
1977 (Public Law 95-92; 91 Stat. 617) inserted ``part I of''.
    \1067\ Sec. 7(b)(2) of the International Security Assistance Act of 
1977 (Public Law 95-92; 91 Stat. 617) struck out ``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'' at this point.
---------------------------------------------------------------------------
    Sec. 632.\1068\ 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,\1069\ 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.
---------------------------------------------------------------------------
    \1068\ 22 U.S.C. 2392. In a memorandum issued December 5, 2003, the 
President directed that ``the funds appropriated to the President under 
the heading Operating Expenses of the Coalition Provisional Authority 
in the Emergency Supplemental Appropriations Act for Defense and for 
the Reconstruction of Iraq and Afghanistan (Public Law 108-106), or in 
any subsequent appropriation under this heading, are transferred to the 
Secretary of Defense, for an account designated Operating Expenses of 
the Coalition Provisional Authority, International Reconstruction and 
Other Assistance, Army.'' (69 F.R. 1645).
    Sec. 509 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2198), 
provided the following:
---------------------------------------------------------------------------

``transfers
---------------------------------------------------------------------------

    ``Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--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.
    ``(2) Notwithstanding paragraph (1), 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.
    ``(b) Transfers Between Accounts.--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 5 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.
    ``(c) Audit of Inter-Agency Transfers.--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.''.
    \1069\ Sec. 106(b) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) 
inserted ``, military education and training''.
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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 \1070\ 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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    \1070\ Sec. 106(b) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) 
struck out ``and defense articles'' and inserted in lieu thereof ``, 
defense articles, or military education and training''.
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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,\1071\ 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.
---------------------------------------------------------------------------
    \1071\ Sec. 4506 of Public Law 100-690 (102 Stat. 4286) inserted 
``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,''.
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    (d) Except as otherwise provided in section 506,\1072\ 
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).\1073\ The amount of such 
reimbursement shall be credited to the current applicable 
appropriations, funds, or accounts of such agency.
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    \1072\ Sec. 45(b)(3) of the Foreign Military Sales Act (Public Law 
90-629) struck out ``sections 506, 522, and 523'' and inserted in lieu 
thereof ``section 506''.
    \1073\ Sec. 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,\1074\ as amended (12 
U.S.C. 635e).
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    \1074\ For text, see Legislation on Foreign Relations Through 2005, 
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.\1075\ Waivers of Certain Laws.--(a) Whenever the 
President determines it to be in furtherance of the purposes of 
this Act,\1076\ 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.\1077\
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    \1075\ 22 U.S.C. 2393.
    \1076\ 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).
    \1077\ 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 2005, 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.\1078\ 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 
Government Accountability Office \1079\ 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,\1079\ 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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    \1078\ 22 U.S.C. 2393a. Added by sec. 502(a)(1) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 957).
    \1079\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public 
Law 108-271; 118 Stat. 814) redesignated the ``General Accounting 
Office'' as the ``Government Accountability Office'' and provided that 
``Any reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
---------------------------------------------------------------------------
    Sec. 634.\1080\ 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--\1081\
---------------------------------------------------------------------------
    \1080\ 22 U.S.C. 2394. 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.''.
    Sec. 637(k) of the Consolidated Appropriations Act (Public Law 108-
199; 118 Stat. 101; 22 U.S.C. 2394b(k)) requires the President to 
report every three years on the impact and effectiveness of U.S. 
foreign aid. For text, see page 593.
    \1081\ 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 \1082\ 
        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 \1083\
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    \1082\ Sec. 733(2) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) struck out 
``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'' 
at this point.
    \1083\ Sec. 312(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 216) inserted 
``such assessment to include an evaluation of the extent to which 
programs under chapter 1 of part I directly benefit''.
---------------------------------------------------------------------------
          (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) \1084\ 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;
---------------------------------------------------------------------------
    \1084\ Sec. 733(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) added 
subpara. (F).
---------------------------------------------------------------------------
          (3) a summary of repayments, by country, to the 
        United States from previous foreign assistance loans;
          (4) \1085\ 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;
---------------------------------------------------------------------------
    \1085\ Sec. 733(4) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1559) amended and 
restated para. (4). Previously, para. (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) \1086\ 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;
---------------------------------------------------------------------------
    \1086\ Sec. 707 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3159) redesignated 
existing para. (6) as para. (8) and added new paras. (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 para. (8) (as 
redesignated) and inserted new paras. (8) through (12). Similar 
information required in each of the new paras. (8) through (12) had 
been previously required under other provisions as follows: para. (8)--
sec. 613(c) of this Act (semiannually); para. (9)--sec. 640B(g) of this 
Act; para. (10)--sec. 657 of this Act; para. (11)--sec. 133(c)(6) of 
Public Law 95-88; and para. (12)--former para. (8) of this subsection.
---------------------------------------------------------------------------
          (7) \1086\ 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) \1086\ 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) \1086\ the Development Coordination Committee's 
        operations pursuant to section 640B(f) of this Act;
          (10) \1086\ 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) \1086\ information concerning the activities of 
        the Minority Resource Center during the preceding 
        fiscal year; and
          (12) \1086\ 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.\1087\ Notification of Program Changes.--(a) 
\1088\ 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 \1089\ 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 \1089\ for any fiscal year unless the 
Committee on Foreign Relations of the Senate, the Committee on 
Foreign Affairs \1090\ 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--
---------------------------------------------------------------------------
    \1087\ 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); redesignated as sec. 634A by sec. 502(b) of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 959).
    Sec. 596 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2239), 
provided the following:
---------------------------------------------------------------------------

``statement
---------------------------------------------------------------------------

    ``Sec. 596. (a) Funds provided in this Act for the following 
accounts shall be made available for programs and countries in the 
amounts contained in the respective tables included in the report 
accompanying this Act:
---------------------------------------------------------------------------

  ```Child Survival and Health Programs Fund'.

  ```Economic Support Fund'.

  ```Assistance for Eastern Europe and the Baltic States'.

  ```Assistance for the Independent States of the Former Soviet Union'.

  ```Global HIV/AIDS Initiative'.

  ```Democracy Fund'.

  ```International Narcotics Control and Law Enforcement'.

  ```Andean Counterdrug Initiative'.

  ```Nonproliferation, Anti-Terrorism, Demining and Related Programs'.

  ```Foreign Military Financing Program'.

  ```International Organizations and Programs'.
---------------------------------------------------------------------------

    ``(b) Any proposed increases or decreases to the amounts contained 
in such tables in the joint explanatory statement of managers shall be 
subject to the regular notification procedures of the Committees on 
Appropriations and section 634A of the Foreign Assistance Act of 
1961.''.
    \1088\ Sec. 1209(a)(3) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat 278) 
added subsecs. (b) and (c). Sec. 1209(a)(1) of that Act also inserted 
the designation for subsec. (a).
    \1089\ Sec. 1209(a)(2) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 278) 
added references to the Arms Export Control Act.
    \1090\ 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.\1091\
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    \1091\ Sec. 704 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1544) added this 
sentence.
---------------------------------------------------------------------------
    (b) \1088\ 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) \1088\ The President shall notify the chairman of the 
Committee on Foreign Relations of the Senate and the chairman 
of the Committee on Foreign Affairs \1092\ 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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    \1092\ 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.\1093\ 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.
---------------------------------------------------------------------------
    \1093\ 22 U.S.C. 23941a. Sec. 502(c) of the International 
Development and Food Assistance Act of 1978 (Public Law 95-424; 92 
Stat. 959) added sec. 634B.
---------------------------------------------------------------------------
    Sec. 635.\1094\ 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.
---------------------------------------------------------------------------
    \1094\ 22 U.S.C. 2395. Title II of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2006 (Public Law 
109-102; 119 Stat. 2178), provided the following:
---------------------------------------------------------------------------

``development credit authority

``(including transfer of funds)
---------------------------------------------------------------------------

    ``For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$21,000,000 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 
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, including the cost of 
modifying such direct and guaranteed loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That funds made available by this paragraph may be 
used for the cost of modifying any such guaranteed loans under this Act 
or prior Acts, and funds used for such costs shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
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: Provided further, That these funds are 
available to subsidize total loan principal, any portion of which is to 
be guaranteed, of up to $700,000,000.
    ``In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to and merged with 
the appropriation for Operating Expenses of the United States Agency 
for International Development: Provided, That funds made available 
under this heading shall remain available until September 30, 2008.''.
    For text of sec. 306 of H.R. 1486, as reported by the House 
Committee on International Relations on May 9, 1997, see notes at sec. 
108 of this Act.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
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``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
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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.\1095\
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    \1095\ Sec. 121 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 366) struck out ``Advisory Committee 
on Voluntary Foreign Aid'' and inserted in lieu thereof ``Agency for 
International Development''.
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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) \1096\ 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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    \1096\ Sec. 302(i)(1) of the FA Act of 1967 (Public Law 90-137) 
added para. designation ``(1)'' and para. (2).
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    (2) \1096\ 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 \1097\ under this Act, the President--
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    \1097\ The words ``and sales'', which appeared at this point, were 
added by sec. 302(g) of the FA Act of 1965 (Public Law 89-171); then 
deleted by sec. 302(i)(2) of the FA Act of 1967 (Public Law 90-137).
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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 \1098\ 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.).
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    \1098\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public 
Law 108-271; 118 Stat. 814) redesignated the ``General Accounting 
Office'' as the ``Government Accountability Office'' and provided that 
``Any reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
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    (h) A contract or agreement which entails commitments for 
the expenditure of funds \1099\ available under chapter 1 
\1100\ (except development loans) \1101\ 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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    \1099\ Sec. 302(g) of the FA Act of 1962 (Public Law 87-565) struck 
out ``made'' after ``funds''.
    \1100\ Sec. 102(g)(2)(G) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out 
``titles V and VI'' and inserted in lieu thereof ``chapter 1''.
    \1101\ Sec. 302(d) of the FA Act of 1966 (Public Law 89-583) 
inserted ``(except development loans)''.
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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) \1102\ 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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    \1102\ Sec. 302(e) of the FA Act of 1963 (Public Law 88-205) added 
subsec. (k).
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    (l) \1103\ 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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    \1103\ 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) \1104\ (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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    \1104\ 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.\1105\ 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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    \1105\ 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) \1106\ 
        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 \1107\ 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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    \1106\ Sec. 505 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 960) struck out 
``$3,500'' and inserted in lieu thereof ``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)''.
    \1107\ Public Law 99-550 (100 Stat. 3067) struck out ``(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 struck out from sec. 48 of the Arms Control 
and Disarmament Act. See Legislation on Foreign Relations Through 2005, 
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; 
        \1108\
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    \1108\ 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 \1109\ (22 U.S.C. 3901 et 
        seq.) not otherwise provided for;
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    \1109\ 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, updating a reference to the 1946 
Act.
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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 \1110\ 
        may appoint not to exceed twenty commissioned officers 
        in addition to those otherwise authorized;
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    \1110\ Sec. 302(k) of the FA Act of 1967 (Public Law 90-137) struck 
out ``Coast and Geodetic Survey'' and inserted in lieu thereof 
``Environmental Science Service Administration''.
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          (17) \1111\ * * * [Repealed--2002]
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    \1111\ 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) \1112\ Notwithstanding any other law, not to exceed 
$6,000,000 \1113\ of the funds available for assistance under 
this Act \1114\ 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 
\1114\ may be used, notwithstanding any other law, to equip, 
staff, operate, and maintain such schools and hospitals.
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    \1112\ 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.''.
    \1113\ 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), struck out ``$3,000,000'' and inserted in lieu thereof 
``$6,000,000''.
    \1114\ Sec. 102(g)(2) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out 
``(other than title I of chapter 2 of part I)'' at this point.
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    (d) Not to exceed $2,500,000 \1115\ of funds available for 
assistance under this Act \1114\ 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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    \1115\ Sec. 302(1) of the FA Act of 1967 (Public Law 90-137) struck 
out ``$1,500,000'' and inserted in lieu thereof ``$2,500,000''.
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    (e) Funds available under this Act \1114\ 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,\1116\ 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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    \1116\ Sec. 302(m) of the FA Act of 1967 (Public Law 90-137) struck 
out ``301 of the Dual Compensation Act (5 U.S.C. 3105)'' and inserted 
in lieu thereof ``5533 of title 5 of the United States Code''.
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    (f) Funds made available under chapter 1 of part I \1117\ 
may be used for expenses (other than those provided for under 
section 637(a)) to assist in carrying out functions under 
chapter 1 of part I,\1118\ 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 \1119\ (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.\1120\
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    \1117\ Sec. 102(g)(2)(J) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out 
``section 212'' and inserted in lieu thereof ``chapter 1 of part I''.
    \1118\ Sec. 102(g)(2)(J) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 943) struck out 
``title I of chapter 2'' and inserted in lieu thereof ``chapter 1 of 
part I''.
    \1119\ Sec. 302(h)(2) of the FA Act of 1965 (Public Law 89-171) 
struck out ``Act to provide for assistance in the development of Latin 
America and in the reconstruction of Chile, and for other purposes'' 
and inserted in lieu thereof ``Latin American Development Act, as 
amended''. For text of the Latin American Development Act, as amended, 
see Legislation on Foreign Relations Through 2005, vol. I-B.
    \1120\ Sec. 306 of the FA Act of 1969 (Public Law 91-175) inserted 
``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''. For text of the Agricultural Trade Development and 
Assistance Act of 1954, as amended, see Legislation on Foreign 
Relations Through 2005, vol. I-B.
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    (g) Funds made available for the purposes of part II or the 
Arms Export Control Act \1121\ shall be available for--
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    \1121\ Title III of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1214), added this reference to the Arms Export Control Act.
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          (1) administrative, extraordinary (not to exceed 
        $300,000 in any fiscal year), and operating expenses 
        incurred in furnishing defense articles, military 
        education and training \1122\ and defense services on a 
        grant or sales basis by the agency primarily 
        responsible for administering part II; \1123\
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    \1122\ Sec. 106(b) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) 
inserted ``, military education and training''.
    \1123\ Sec. 302(d) of the FA Act of 1968 (Public Law 90-554) 
inserted ``incurred in furnishing defense articles and defense services 
on a grant or sales basis by the agency primarily responsible for 
administering part II'' (see above footnote).
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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,\1124\ in accordance 
        with the provisions of section 5702(c) of title 5 of 
        the United States Code,\1125\ applicable to civilian 
        officers and employees; and
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    \1124\ Sec. 106(b) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) 
struck out ``personnel'' and inserted in lieu thereof ``and related 
civilian personnel''.
    \1125\ Sec. 302(n) of the FA Act of 1967 (Public Law 90-137) struck 
out ``3 of the Travel Expense Act of 1949, as amended (5 U.S.C. 836),'' 
and inserted in lieu thereof ``5702(c) of title 5 of the United States 
Code''.
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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 \1124\ 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) \1126\ In carrying out programs under this Act, the 
President shall take all appropriate steps to assure that, to 
the maximum extent possible, (1) countries receiving assistance 
under this Act contribute local currencies to meet the cost of 
contractual and other services rendered in conjunction with 
such programs, and (2) foreign currencies owned by the United 
States are utilized to meet the costs of such contractual and 
other services.
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    \1126\ Sec. 302(f) of the FA Act of 1963 (Public Law 88-205) added 
subsec. (h).
---------------------------------------------------------------------------
    (i) \1127\ 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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    \1127\ Sec. 302(o) of the FA Act of 1967 (Public Law 90-137) added 
subsec. (i).
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    Sec. 637.\1128\ Administrative Expenses.--(a) \1129\ * * * 
[Repealed--1978]
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    \1128\ 22 U.S.C. 2397.
    \1129\ Sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed 
subsec. (a).
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    (b) There is hereby authorized to be appropriated \1130\ 
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.\1131\
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    \1130\ Sec. 302(h)(2) of the FA Act of 1962 (Public Law 87-565) 
struck out ``to the Secretary of State'' at this point.
    \1131\ The FA Appropriation Act, 1975, appropriated $4,800,000, as 
authorized by this section.
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    Sec. 638.\1132\ Exclusions.\1133\--(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.\1134\
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    \1132\ 22 U.S.C. 2398. Sec. 302(h) of the FA Act of 1963 (Public 
Law 88-205) added sec. 638.
    \1133\ Sec. 19 of the FA Act of 1973 (Public Law 93-189) struck out 
``Peace Corps Assistance'' and inserted in lieu thereof ``Exclusions''.
    \1134\ 12 U.S.C. 635. Sec. 202(j) of the FA Act of 1965 (Public Law 
89-171) struck out ``: 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'' at this 
point.
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    (b) \1135\ 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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    \1135\ 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) added subsec. (b). 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.\1136\ Famine or Disaster Relief. * * * 
[Repealed--1975]
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    \1136\ Sec. 101(6) of Public Law 94-161 (89 Stat. 849) repealed 
sec. 639.
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    Sec. 639A.\1137\ Disaster Relief Assistance. * * * 
[Redesignated--1975]
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    \1137\ 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.\1138\ African Development Program. * * * 
[Redesignated--1975]
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    \1138\ Sec. 639B, added by sec. 20 of the FA Act of 1973 (Public 
Law 93-189), was redesignated as sec. 494B by sec. 101(5) of Public Law 
94-161 (89 Stat. 849). Subsequently, it is redesignated as sec. 120 of 
this Act.
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    Sec. 640.\1139\ Military Sales. * * * [Repealed--1968]
---------------------------------------------------------------------------
    \1139\ Sec. 45(a) of the Foreign Military Sales Act (Public Law 90-
629) repealed sec. 640.
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    Sec. 640A.\1140\ 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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    \1140\ 22 U.S.C. 2399. Sec. 302(f) of the FA Act of 1968 (Public 
Law 90-554) added sec. 640A.
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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.\1141\ 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.\1142\ 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.\1143\
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    \1141\ 22 U.S.C. 2399. Sec. 21 of the FA Act of 1973 (Public Law 
93-189) added sec. 640B. 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:
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``sec. 1523. assistance programs coordination and oversight.
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    ``(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.''.
    \1142\ Sec. 118 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 365) added Representatives from the 
Department of Energy to this list of Committee members. 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).
    \1143\ Sec. 127(a) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 542) added this 
sentence.
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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) \1144\ * * * [Repealed--1978]
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    \1144\ Sec. 502(d)(1) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959) repealed 
subsec. (d), which had required an annual report from the President 
regarding U.S. actions affecting the development of less developed 
countries. A similar report is now required under sec. 634.
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    (e) \1145\ 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.
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    \1145\ Sec. 127(c) of the International Development and Food 
Assistance Act of 1977 (Public Law 95-88; 91 Stat. 543) added subsecs. 
(e) and (f) .
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    (f) \1145\ 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) \1146\ * * * [Repealed--1981]
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    \1146\ Subsec. (g), 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).
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    Sec. 640C.\1147\ 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 \1148\ 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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    \1147\ 22 U.S.C. 2399d. Added by sec. 21 of the FA Act of 1973 
(Public Law 93-189).
    \1148\ 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.\1149\ 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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    \1149\ 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 \1150\ 402, 408, 417, 502(a), 502(b), 
        514, 523(d) and 536; \1151\, \1152\
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    \1150\ Sec. 303(a) of the FA Act of 1965 (Public Law 89-171) struck 
out reference to sec. 143 of the Mutual Security Act of 1954, as 
amended.
    \1151\ For retained provisions of the Mutual Security Act of 1954, 
see Legislation on Foreign Relations Through 2005, 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).
    \1152\ Sec. 303(a) of the FA Act of 1965 (Public Law 89-171) struck 
out ``: 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'' at this point.
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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.\1153\ 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 \1154\ 
shall continue in full force and effect until modified by 
appropriate authority.
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    \1153\ 22 U.S.C. 2402.
    \1154\ Sec. 308 of the FA Act of 1969 (Public Law 91-175) inserted 
``and the Foreign Assistance Act of 1969''.
---------------------------------------------------------------------------
    (b) Wherever provisions of this Act establish conditions 
which must be complied with before use may be made of authority 
contained in, or funds authorized by, this Act, compliance 
with, or satisfaction of, substantially similar conditions 
under Acts listed in section 642(a) and the Foreign Assistance 
Act of 1969 or Acts repealed by those Acts shall be deemed to 
constitute compliance with the conditions established by this 
Act.
    (c) Funds made available pursuant to provisions of law 
repealed by section 642(a)(2) and the Foreign Assistance Act of 
1969 shall, unless otherwise authorized or provided by law, 
remain available for their original purposes in accordance with 
the provisions of law originally applicable thereto, or in 
accordance with the provisions of law currently applicable to 
those purposes.
    (d) \1155\ * * * [Repealed--1962]
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    \1155\ Sec. 303(a) of the FA Act of 1962 (Public Law 87-565) 
repealed subsec. (d).
---------------------------------------------------------------------------
    Sec. 644.\1156\ Definitions.--As used in this Act--
---------------------------------------------------------------------------
    \1156\ 22 U.S.C. 2403.
---------------------------------------------------------------------------
    (a) ``Agency of the United States Government'' includes any 
agency, department, board, wholly or partly owned corporation, 
instrumentality, commission, or establishment of the United 
States Government.
    (b) ``Armed Forces'' of the United States means the Army, 
Navy, Air Force, Marine Corps, and Coast Guard.
    (c) ``Commodity'' includes any material, article, supply, 
goods, or equipment used for the purposes of furnishing 
nonmilitary assistance.
    (d) ``Defense article'' includes--
          (1) any weapon, weapons system, munition, aircraft, 
        vessel, boat, or other implement of war;
          (2) any property, installation, commodity, material, 
        equipment, supply, or goods used for the purposes of 
        furnishing military assistance;
          (3) any machinery, facility, tool, material, supply, 
        or other item necessary for the manufacture, 
        production, processing, repair, servicing storage, 
        construction, transportation, operation, or use of any 
        article listed in this subsection; or
          (4) any component or part of any article listed in 
        this subsection; but
shall not include merchant vessels or, as defined by the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2011), source 
material (except uranium depleted in the isotope 235 which is 
incorporated in defense articles solely to take advantage of 
high density or pyrophoric characteristics unrelated to 
radioactivity),\1157\ byproduct material, special nuclear 
material, production facilities,\1158\ utilization facilities, 
or atomic weapons or articles involving Restricted Data.\1158\
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    \1157\ Sec. 22 of the International Security Assistance Act of 1979 
(Public Law 96-92; 93 Stat. 710) added the parenthetical phrase.
    \1158\ Sec. 303(a)(1) of the FA Act of 1967 (Public Law 90-137) 
inserted ``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.\1159\
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    \1159\ Sec. 303(a)(2) of the FA Act of 1967 (Public Law 90-137) 
struck out ``and formerly Restricted Data'', which appeared after 
``Restricted Data,'' and added ``, and data removed from the Restricted 
Data category under section 142d of that Act''.
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    (f) \1160\ ``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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    \1160\ Sec. 106(b) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) 
amended and restated subsec. (f). 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) \1161\ ``Excess defense articles'' means the quantity 
of defense articles (other than construction equipment, 
including tractors, scrapers, loaders, graders, bulldozers, 
dump trucks, generators, and compressors) \1162\ 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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    \1161\ Sec. 22(1) of the FA Act of 1973 (Public Law 93-189) amended 
and restated 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.''.
    \1162\ 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) \1163\ * * * [Repealed--1973]
---------------------------------------------------------------------------
    \1163\ Sec. 22(2) of the FA Act of 1973 (Public Law 93-189) 
repealed subsec. (i), which related to mobilization reserve.
---------------------------------------------------------------------------
    (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) \1164\ ``Value'' means--
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    \1164\ Sec. 22(3) of the FA Act of 1973 (Public Law 93-189) 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) \1165\ 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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    \1165\ Sec. 115(b)(1) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3140) added para. 
(5). 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) added the 
reference to chapter 8 of part II. 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) \1166\ ``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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    \1166\ Sec. 106(b) of the International Security Assistance and 
Arms Export Control Act of 1976 (Public Law 94-329; 90 Stat. 733) added 
subsec. (n).
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    (o) \1167\ ``Agriculture'' includes aquaculture and 
fisheries.
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    \1167\ Sec. 103(b) of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 945) added subsecs. 
(o) and (p).
---------------------------------------------------------------------------
    (p) \1167\ ``Farmers'' includes fishermen and other persons 
employed in cultivating and harvesting food resources from salt 
and fresh waters.
    (q) \1168\ ``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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    \1168\ Sec. 147(a)(2) of Public Law 104-164 (110 Stat. 1435) added 
subsec. (q).
    Effective August 29, 2005, the Department of State added two new 
sections to the International Traffic in Arms Regulations (22 CFR Part 
120) to define ``North Atlantic Treaty Organization'' as ``Belgium, 
Bulgaria, Canada, Czech Republic, Denmark, Estonia, France, Germany, 
Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, The 
Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, 
Spain, Turkey, United Kingdom and the United States'' (22 CFR Part 
120.31) and to define ''Major non-NATO ally'' as ``a country that is 
designated in accordance with section 517 of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2321k) as a major non-NATO ally for purposes of the 
Foreign Assistance Act of 1961 and the Arms Export Control Act (22 
U.S.C. 2751 et seq.) (22 U.S.C. 2403(q)). The following countries have 
been designated as major non-NATO allies: Argentina, Australia, 
Bahrain, Egypt, Israel, Japan, Jordan, Kuwait, Morocco, New Zealand, 
Pakistan, the Philippines, Thailand, and Republic of Korea. 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)). (Department of State Public Notice 5176; 70 F.R. 
50958).
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    Sec. 645.\1169\ 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 \1170\ 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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    \1169\ 22 U.S.C. 2404. Sec. 304 of the FA Act of 1963 (Public Law 
88-205) 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.''.
    \1170\ Sec. 303(c) of the FA Act of 1965 (Public Law 89-171) struck 
out ``Public Law 86-735'' and inserted in lieu thereof ``the Latin 
American Development Act, as amended''.
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    Sec. 646.\1171\ 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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    \1171\ 22 U.S.C. 2405.
---------------------------------------------------------------------------
    Sec. 647.\1172\ 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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    \1172\ 22 U.S.C. 2406.
---------------------------------------------------------------------------
    Sec. 648.\1173\ Special Authorization for Use of Foreign 
Currencies.--Subject to the provisions of section 1415 of the 
Supplemental Appropriation Act, 1953,\1174\ 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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    \1173\ 22 U.S.C. 2407. Added by sec. 303 of the FA Act of 1964 
(Public Law 88-633).
    \1174\ See 31 U.S.C. 1306.
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    Sec. 649.\1175\ Limitation on Aggregate Authorization for 
Use in Fiscal Year 1966. * * * [Repealed--1978]
---------------------------------------------------------------------------
    \1175\ Sec. 649, added by the FA Act of 1965 (Public law 89-171), 
was repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
    Sec. 650.\1176\ 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.
---------------------------------------------------------------------------
    \1176\ 22 U.S.C. 2409. Added by sec. 302(b) of the FA Act of 1967 
(Public Law 90-137).
---------------------------------------------------------------------------
    Sec. 651.\1177\ Sale of Supersonic Planes to Israel. * * * 
[Repealed--1978]
---------------------------------------------------------------------------
    \1177\ Sec. 651, added by the FA Act of 1968 (Public Law 90-554), 
was repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
    Sec. 652.\1178\ Limitation Upon Exercise of Special 
Authorities.--The President shall not exercise any special 
authority granted to him under section 506(a), 552(c)(2),\1179\ 
or 610(a) \1180\ of this Act unless the President, before 
\1181\ 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.
---------------------------------------------------------------------------
    \1178\ 22 U.S.C. 2411. Added by sec. 8 of the Special Foreign 
Assistance Act of 1971 (Public Law 91-652); amended by sec. 304(a)(1) 
of the FA Act of 1971 (Public Law 92-226). 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.''.
    \1179\ Sec. 105(b)(2) of Public Law 99-83 (99 Stat. 196) inserted 
``552(c)(2)''.
    \1180\ Sec. 117(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3141) struck out 
``or 614(a)'' at this point.
    \1181\ Sec. 103(c) of Public Law 104-164 (110 Stat. 1424) struck 
out ``prior to the date'' and inserted in lieu thereof ``before''.
---------------------------------------------------------------------------
    Sec. 653.\1182\ Change in Allocation of Foreign 
Assistance.--(a) \1183\ 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,\1184\ 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.\1185\
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    \1182\ 22 U.S.C. 2413. Added by sec. 304(b) of the FA Act of 1971 
(Public Law 92-226).
    \1183\ The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2203, 
2230), provided the following:
---------------------------------------------------------------------------

``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.
---------------------------------------------------------------------------

* * * * * * *

``central america
---------------------------------------------------------------------------

    ``Sec. 576. (a) Of the funds appropriated by this Act under the 
headings `Child Survival and Health Programs Fund' and `Development 
Assistance', not less than the amount of funds initially allocated 
pursuant to section 653(a) of the Foreign Assistance Act of 1961 for 
fiscal year 2005 should be made available for El Salvador, Guatemala, 
Nicaragua and Honduras.
    ``(b) In addition to the amounts requested under the heading 
`Economic Support Fund' for assistance for Nicaragua and Guatemala in 
fiscal year 2006, not less than $1,500,000 should be made available for 
electoral assistance, media and civil society programs, and activities 
to combat corruption and strengthen democracy in Nicaragua, and not 
less than $1,500,000 should be made available for programs and 
activities to combat organized crime, crimes of violence specifically 
targeting women, and corruption in Guatemala.
    ``(c) Funds made available pursuant to subsection (b) shall be 
subject to prior consultation with the Committees on Appropriations.''.
    \1184\ Sec. 1209(b)(1) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) 
added ``or the Arms Export Control Act''.
    \1185\ Sec. 21(1) of the FA Act of 1974 (Public Law 93-559) struck 
out ``Notwithstanding any other provision of law the United States 
Government shall not provide to any foreign country or international 
organization any funds under that law which exceeds by 10 per centum 
the amount of military grant assistance or security supporting 
assistance, as the case may be, which the President notified the 
Congress that the United States Government intended to provide that 
country or organization under that law, unless the President (1) 
determines that it is in the security interests of the United States 
that such country or organization receive funds in excess of the amount 
included in such notification for that country or organization, and (2) 
reports to Congress at least ten days prior to the date on which such 
excess funds are to be provided to that country or organization, each 
such determination, including the name of the country or organization 
to receive funds in excess of such per centum, the amount of funds in 
excess of that per centum which are to be provided, and the 
justification for providing the additional assistance.''.
---------------------------------------------------------------------------
    (b) \1186\ 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.
---------------------------------------------------------------------------
    \1186\ Sec. 1209(b)(3) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 279) 
redesignated this former subsec. (c) as subsec. (b), and struck out the 
former subsec. (b), which read as follows:
    ``(b) Notwithstanding any other provision of law, no military grant 
assistance, assistance under chapter 4 of part II of this Act, 
assistance under chapter 1 of part I of this Act, or assistance under 
chapter 6 of part II of this Act, may be furnished to any country or 
international organization in any fiscal year, if such assistance 
exceeds by 10 percent or more the amount of such military grant 
assistance, under chapter 4 of part II of this Act, assistance under 
chapter 1 of part I of this Act, or assistance under chapter 6 of part 
II of this Act, as the case may be, set forth in the report required by 
subsection (a) of this section, unless--
---------------------------------------------------------------------------

  ``(1) the President reports to the Congress, at least ten days prior to 
the date on which such excess funds are provided, the country or 
organization to be provided the excess funds, the amount and category of 
the excess funds, and the justification for providing the excess funds; and

  ``(2) in the case of military grant assistance or assistance under 
chapter 4 of part II of this Act or assistance under chapter 6 of part II, 
the President includes in the report under paragraph (1) his determination 
that it is in the security interest of the United States to provide the 
excess funds.

This subsection shall not apply if the excess funds provided in any fiscal 
year to any country or international organization for any category of 
assistance are less than $1,000,000.''.

    Sec. 654.\1187\ 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.
---------------------------------------------------------------------------
    \1187\ 22 U.S.C. 2414. Sec. 304(b) of the FA Act of 1971 (Public 
Law 92-226) added sec. 654.
---------------------------------------------------------------------------
    (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.\1188\ 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.
---------------------------------------------------------------------------
    \1188\ 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 in each fiscal year.
    An earlier sec. 655--Limitations Upon Assistance to or for 
Cambodia--was added by the FA Act of 1971, and was repealed by sec. 604 
of the International Development and Food Assistance Act of 1978 
(Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
    (b) \1189\ 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--
---------------------------------------------------------------------------
    \1189\ Sec. 1306(a) of the Arms Control, Nonproliferation, and 
Security Assistance Act of 1999 (division B of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
Public Law 106-113; 113 Stat. 1536), amended and restated subsec. (b), 
which formerly read as follows:
    ``(b) Information Relating to Military Assistance and Military 
Exports.--Each such report shall show the aggregate dollar value and 
quantity of defense articles (including excess defense articles), 
defense services, and international military education and training 
authorized by the United States, excluding that which is pursuant to 
activities reportable under title V of the National Security Act of 
1947, to each foreign country and international organization. The 
report shall specify, by category, whether such defense articles--
---------------------------------------------------------------------------

  ``(1) were furnished by grant under chapter 2 or chapter 5 of part II of 
this Act or under any other authority of law or by sale under chapter 2 of 
the Arms Export Control Act; or

  ``(2) were licensed for export under section 38 of the Arms Export 
Control Act.''.

          (1) were furnished by grant under chapter 2 or 
        chapter 5 of part II of this Act or under any other 
        authority of law or by sale under chapter 2 of the Arms 
        Export Control Act;
          (2) were furnished with the financial assistance of 
        the United States Government, including through loans 
        and guarantees; or
          (3) were licensed for export under section 38 of the 
        Arms Export Control Act and, if so, a specification of 
        those defense articles that were exported during the 
        fiscal year covered by the report,\1190\ 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.\1191\
---------------------------------------------------------------------------
    \1190\ 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''.
    \1191\ 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''.
---------------------------------------------------------------------------
    (c) \1192\ Availability on Internet.--All unclassified 
portions of such report shall be made available to the public 
on the Internet through the Department of State.
---------------------------------------------------------------------------
    \1192\ 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.
---------------------------------------------------------------------------

SEC. 656.\1193\ ANNUAL FOREIGN MILITARY TRAINING REPORT.

    (a) \1194\ Annual Report.
          (1) \1194\ 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.
---------------------------------------------------------------------------
    \1193\ 22 U.S.C. 2416. Sec. 1307 of the Arms Control, 
Nonproliferation, and Security Assistance Act of 1999 (division B of 
the Admiral James W. Nance and Meg Donovan Foreign Relations 
Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427, enacted by 
reference in sec. 1000(a)(7) of Public Law 106-113; 113 Stat. 1536), 
added sec. 656.
    An earlier sec. 656--Limitations on United States Personnel and 
Personnel Assisted by United States in Cambodia--was added by Public 
Law 92-226 (86 Stat. 20), and was repealed by sec. 604 of the 
International Development and Food Assistance Act of 1978 (Public Law 
95-424; 92 Stat. 961).
    Sec. 552 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2218), 
provided the following:
---------------------------------------------------------------------------

``foreign military training report
---------------------------------------------------------------------------

    ``Sec. 552. The annual foreign military training report required by 
section 656 of the Foreign Assistance Act of 1961 shall be submitted by 
the Secretary of Defense and the Secretary of State to the Committees 
on Appropriations of the House of Representatives and the Senate by the 
date specified in that section.''.
    \1194\ 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''.
---------------------------------------------------------------------------
          (2) \1195\ 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.
---------------------------------------------------------------------------
    \1195\ 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.\1196\ Annual Report on Military Assistance and 
Military Exports. * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1196\ Sec. 657, added by the FA Act of 1971 (Public Law 92-226), 
was repealed by sec. 502(d)(1) of the International Development and 
Food Assistance Act of 1978 (Public Law 95-424; 92 Stat. 959). 
Subsequently, sec. 14 of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 739) added a new sec. 657. Sec. 657 
was again repealed by sec. 734(a)(1) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
Some of the information previously required annually under sec. 657 on 
military assistance and military exports is now required by sec. 
634(a)(10) of this Act and sec. 25(a) of the Arms Export Control Act.
---------------------------------------------------------------------------
    Sec. 658.\1197\ Limitations on Use of Funds. * * * 
[Repealed--1978]
---------------------------------------------------------------------------
    \1197\ Sec. 658, added by the FA Act of 1971 (Public Law 92-226), 
was repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
    Sec. 659.\1198\ Access to Certain Military Bases Abroad. * 
* * [Repealed--1981]
---------------------------------------------------------------------------
    \1198\ Sec. 659, added by sec. 20(a) of the FA Act of 1974 (Public 
Law 93-559), was repealed by sec. 734(a)(1) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). It formerly read as follows:
    ``Sec. 659. Access to Certain Military Bases Abroad.--None of the 
funds authorized to be appropriated for foreign assistance (including 
foreign military sales, credit sales, and guaranties) under this Act 
may be used to provide any kind of assistance to any foreign country in 
which a military base is located if--
    ``(1) such base was constructed or is being maintained or operated 
with funds furnished by the United States;
    ``(2) personnel of the United States carry out military operations 
from such base; and
    ``(3) unless and until the President has determined that the 
government of such country has, consistent with security, authorized 
access, on a regular basis, to bona fide news media correspondents of 
the United States to such military base.''.
---------------------------------------------------------------------------
    Sec. 660.\1199\ 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.
---------------------------------------------------------------------------
    \1199\ 22 U.S.C. 2420. Sec. 30(a) of the FA Act of 1974 (Public Law 
93-559) added sec. 660.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2208, 2225), 
provided the following:
---------------------------------------------------------------------------

``special authorities
---------------------------------------------------------------------------

    ``Sec. 534. (a) Afghanistan, Iraq, Pakistan, 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 or any similar provision of law and section 660 of the Foreign 
Assistance Act of 1961, and funds appropriated in titles I and II of 
this Act that are made available for Iraq, Lebanon, Montenegro, 
Pakistan, 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.
---------------------------------------------------------------------------

* * * * * * *
---------------------------------------------------------------------------

    ``(g) 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.
---------------------------------------------------------------------------

* * * * * * *

``community-based police assistance
---------------------------------------------------------------------------

    ``Sec. 564. (a) Authority.--Funds made available by this Act to 
carry out the provisions of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961, may be used, notwithstanding 
section 660 of that Act, to enhance the effectiveness and 
accountability of civilian police authority 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, respond to disasters, address gender-based violence, 
and foster improved police relations with the communities they serve.
    ``(b) Notification.--Assistance provided under subsection (a) shall 
be subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations.''.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2003 (division E of Public Law 108-7; 117 Stat. 
214), provided the following:
---------------------------------------------------------------------------

``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.--
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------

    ``(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--
---------------------------------------------------------------------------

  ``(1) transfers of excess defense articles under section 517 of that Act 
(22 U.S.C. 2321k);

  ``(2) funds made available for the `Foreign Military Financing Program' 
under section 23 of the Arms Export Control Act (22 U.S.C. 2763) that are 
used for assistance provided for narcotics-related purposes; or

  ``(3) international military education and training under chapter 5 of 
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 and 
following) that is provided for narcotics-related purposes.
---------------------------------------------------------------------------

    ``(b) Notification to Congress.--At least 15 days before any 
transfer under subsection (a)(1) or any obligation of funds under 
subsection (a)(2) or (a)(3), the President shall notify the appropriate 
congressional committees (as defined in section 481(e) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2291(e)) in accordance with the 
procedures applicable to reprogramming notifications under section 634A 
of that Act (22 U.S.C. 2394).
    ``(c) Coordination With International Narcotics Control Assistance 
Program.--Assistance provided pursuant to this section shall be 
coordinated with international narcotics control assistance under 
chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
2291 et seq.).''.
---------------------------------------------------------------------------
    (b) Subsection (a) of this section shall not apply--
          (1) with respect to assistance rendered under section 
        515(c) of the Omnibus Crime Control and Safe Streets 
        Act of 1968 \1200\ 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;
---------------------------------------------------------------------------
    \1200\ Public Law 90-351 (82 Stat. 197), approved June 19, 1968. 
Such sec. 515(c) was redesignated as sec. 515(b) by sec. 124 of Public 
Law 94-503.
---------------------------------------------------------------------------
          (2) to any contract entered into prior to the date of 
        enactment of this section with any person, 
        organization, or agency of the United States Government 
        to provide personnel to conduct, or assist in 
        conducting, any such program;
          (3) \1201\ with respect to assistance, including 
        training, in maritime law enforcement and other 
        maritime skills; \1202\
---------------------------------------------------------------------------
    \1201\ Sec. 127(b) by Public Law 99-83 (99 Stat. 205) added clause 
(3).
    \1202\ Sec. 540A(d) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110 
Stat. 737), struck out ``; or'' at the end of para. (3); added ``; or'' 
at the end of para. (4), and added new paras. (5) and (6).
---------------------------------------------------------------------------
          (4) \1203\ with respect to assistance provided to 
        police forces in connection with their participation in 
        the regional security system of the Eastern Caribbean 
        states; or \1202\
---------------------------------------------------------------------------
    \1203\ Sec. 594 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2060), added para. (4).
---------------------------------------------------------------------------
          (5) \1202\ with respect to assistance, including 
        training, relating to sanctions monitoring and 
        enforcement;
          (6) \1202\ 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; \1204\
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    \1204\ 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) \1204\ 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) \1205\ 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.
---------------------------------------------------------------------------
    \1205\ Sec. 711 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 244) added subsecs. 
(c) and (d).
---------------------------------------------------------------------------
    (d) \1205\, \1206\ 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 \1207\ 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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    \1206\ 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).
    \1207\ 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.\1208\ 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.\1209\
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    \1208\ 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 (Public 
Law 93-559) as ``Reimbursable Development Programs''.
    \1209\ 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) \1210\ Contributions to costs.--The Trade and 
        Development Agency shall, to the maximum extent 
        practicable, require corporations and other entities 
        to--
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    \1210\ 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 \1211\ 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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    \1211\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
  (e) Audits.--
          (1) In general.--The Trade and Development Agency 
        shall be subject to the provisions of chapter 35 of 
        title 31, United States Code, except as otherwise 
        provided in this section.
          (2) Independent audit.--An independent certified 
        public accountant shall perform a financial and 
        compliance audit of the financial statements of the 
        Trade and Development Agency each year, in accordance 
        with generally accepted Government auditing standards 
        for a financial and compliance audit, taking into 
        consideration any standards recommended by the 
        Comptroller General. The independent certified public 
        accountant shall report the results of such audit to 
        the Director of the Trade and Development Agency. The 
        financial statements of the Trade and Development 
        Agency shall be presented in accordance with generally 
        accepted accounting principles. These financial 
        statements and the report of the accountant shall be 
        included in a report which contains, to the extent 
        applicable, the information identified in section 3512 
        of title 31, United States Code, and which the Trade 
        and Development Agency shall submit to the Congress not 
        later than 6\1/2\ months after the end of the last 
        fiscal year covered by the audit. The Comptroller 
        General may review the audit conducted by the 
        accountant and the report to the Congress in the manner 
        and at such times as the Comptroller General considers 
        necessary.
          (3) Audit by comptroller general.--In lieu of the 
        financial and compliance audit required by paragraph 
        (2), the Comptroller General shall, if the Comptroller 
        General considers it necessary or upon the request of 
        the Congress, audit the financial statements of the 
        Trade and Development Agency in the manner provided in 
        paragraph (2).
          (4) Availability of information.--All books, 
        accounts, financial records, reports, files, 
        workpapers, and property belonging to or in use by the 
        Trade and Development Agency and the accountant who 
        conducts the audit under paragraph (2), which are 
        necessary for purposes of this subsection, shall be 
        made available to the representatives of the General 
        Accounting Office \1212\ designated by the Comptroller 
        General.
---------------------------------------------------------------------------
    \1212\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public 
Law 108-271; 118 Stat. 814) redesignated the ``General Accounting 
Office'' as the ``Government Accountability Office'' and provided that 
``Any reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
---------------------------------------------------------------------------
  (f) Funding.--
          (1) \1213\ 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.
---------------------------------------------------------------------------
    \1213\ 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, 2006 (Public Law 109-102; 119 
Stat. 2174, 2208, 2229), provided the following:
---------------------------------------------------------------------------

``trade and development agency
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $50,900,000, to remain available 
until September 30, 2007.
---------------------------------------------------------------------------

* * * * * * *

financial market assistance in transition countries
---------------------------------------------------------------------------

    ``Sec. 531. 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', `Assistance for the Independent States 
of the Former Soviet Union', `Nonproliferation, Anti-terrorism, 
Demining and Related Programs', and `Assistance for Eastern Europe and 
Baltic States', not less than $40,000,000 should be made available for 
building capital markets and financial systems in countries in 
transition.
---------------------------------------------------------------------------

* * * * * * *

``trade capacity building
---------------------------------------------------------------------------

    ``Sec. 570. 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 $522,000,000 should be made available for 
trade capacity building assistance: Provided, That $20,000,000 of the 
funds appropriated in this Act under the heading `Economic Support 
Fund' shall be made available for labor and environmental capacity 
building activities relating to the free trade agreement with the 
countries of Central America and the Dominican Republic.''.
    See also in title II of that Act: para. relating to assistance for 
the new independent states of the former Soviet Union; and in title V: 
sec. 505--Limitation on Representational Allowances; sec. 515--
Notification Requirements; and sec. 553--Authorization Requirement.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    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 2005, 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 2005, vol. I-B.
---------------------------------------------------------------------------
          (B) Amounts appropriated pursuant to the 
        authorization of appropriations under subparagraph (A) 
        are authorized to remain available until expended.
          (2) Funding for technical assistance grants by 
        multilateral development banks.--(A) The Trade and 
        Development Agency should, in carrying out its program, 
        provide, as appropriate, funds \1214\ to multilateral 
        development banks for technical assistance grants.
---------------------------------------------------------------------------
    \1214\ Sec. 5(c)(2) of the Export Enhancement Act of 1999 (Public 
Law 106-158; 113 Stat. 1746) struck out ``in fiscal years 1993 and 
1994, substantially increase the amount of funds it provides'' and 
inserted in lieu thereof ``in carrying out its program, provide, as 
appropriate, funds''.
---------------------------------------------------------------------------
          (B) As used in subparagraph (A)--
                  (i) the term ``technical assistance grants'' 
                means funding by multilateral development banks 
                of services from the United States in 
                connection with projects and programs supported 
                by such banks, including, but not limited to, 
                engineering, design, and consulting services; 
                and
                  (ii) the term ``multilateral development 
                bank'' has the meaning given that term in 
                section 1701(c) of the International Financial 
                Institutions Act.
    Sec. 662.\1215\ Limitation on Intelligence Activities. * * 
* [Repealed--1991]
---------------------------------------------------------------------------
    \1215\ Formerly at 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 
(Public Law 93-559), 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 2005, vol. IV.
---------------------------------------------------------------------------
    Sec. 663.\1216\ 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.
---------------------------------------------------------------------------
    \1216\ 22 U.S.C. 2423. Added by sec. 32 of the FA Act of 1974 
(Public Law 93-559).
---------------------------------------------------------------------------
    (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.\1217\ Waiver of Prohibition Against Assistance to 
Countries Engaging in Certain Trade. * * * [Repealed--1977]
---------------------------------------------------------------------------
    \1217\ Formerly at 22 U.S.C. 2424. Sec. 664, added by sec. 33 of 
the FA Act of 1974 (Public Law 93-559), was repealed by sec. 123(c) of 
the International Development and Food Assistance Act of 1977 (Public 
Law 95-88; 91 Stat. 541). It formerly read as follows:
    ``Sec. 664. Waiver of Prohibition Against Assistance to Countries 
Engaging in Certain Trade.--Any provision of this Act which prohibits 
assistance to a country because that country is engaging in trade with 
a designated country, or because that country permits ships or aircraft 
under its registry to transport any equipment, materials, or 
commodities to or from such designated country, may be waived by the 
President if he determines that such waiver is in the national interest 
and reports such determination to the Congress.''.
---------------------------------------------------------------------------
    Sec. 665.\1218\ Transition Provisions for Interim Quarter. 
* * * [Repealed--1978]
---------------------------------------------------------------------------
    \1218\ Sec. 665, added by Public Law 94-161 (89 Stat. 849), was 
repealed by sec. 604 of the International Development and Food 
Assistance Act of 1978 (Public Law 95-424; 92 Stat. 961).
---------------------------------------------------------------------------
    Sec. 666.\1219\ 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.
---------------------------------------------------------------------------
    \1219\ 22 U.S.C. 2426. 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.\1220\ Operating Expenses.--(a) There are 
authorized to be appropriated to the President, in addition to 
funds otherwise available for such purposes--
---------------------------------------------------------------------------
    \1220\ 22 U.S.C. 2427. Sec. 667, added by sec. 319 of Public Law 
94-161 (89 Stat. 849), was amended and restated by sec. 129(a) of the 
International Development and Food Assistance Act of 1977 (Public Law 
95-88; 91 Stat. 543).
---------------------------------------------------------------------------
          (1) $387,000,000 for the fiscal year 1986 and 
        $387,000,000 for the fiscal year 1987 \1221\ for 
        necessary operating expenses of the agency primarily 
        responsible for administering part I of this Act,\1222\ 
        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
---------------------------------------------------------------------------
    \1221\ 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 2006--no authorization.
    Congress did not enact an authorization for fiscal year 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 109-102), waived the requirements 
for authorization, and title II of that Act (119 Stat. 2179) provided 
the following:
---------------------------------------------------------------------------

``operating expenses of the agency for international development
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $630,000,000, of which up to 
$25,000,000 may remain available until September 30, 2007: 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: Provided further, That contracts or 
agreements entered into with funds appropriated under this heading may 
entail commitments for the expenditure of such funds through fiscal 
year 2007: Provided further, That none of the funds in this Act may be 
used to open a new overseas mission of the United States Agency for 
International Development without the prior written notification of the 
Committees on Appropriations: Provided further, That the authority of 
sections 610 and 109 of the Foreign Assistance Act of 1961 may be 
exercised by the Secretary of State to transfer funds appropriated to 
carry out chapter 1 of part I of such Act to `Operating Expenses of the 
United States Agency for International Development' in accordance with 
the provisions of those sections.
---------------------------------------------------------------------------

``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 of 
the Foreign Assistance Act of 1961, $70,000,000, to remain available 
until expended: Provided, That this amount is in addition to funds 
otherwise available for such purposes: 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: Provided further, That of the funds appropriated under 
this heading, not to exceed $48,100,000 may be made available for the 
purposes of implementing the Capital Security Cost Sharing Program.
---------------------------------------------------------------------------

``operating expenses of the agency for international development office of 
inspector general
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $36,000,000, to remain available 
until September 30, 2007, which sum shall be available for the Office 
of the Inspector General of the United States Agency for International 
Development.''.
    See also in that Act, sec. 511--Availability of Funds; and sec. 
534(c)--Special Authorities.
    Title II of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 263), 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', $24,400,000, to remain 
available until September 30, 2006: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).
---------------------------------------------------------------------------

``Operating Expenses of the United States Agency for International 
Development Office of Inspector General
---------------------------------------------------------------------------

    ``For an additional amount for `Operating Expenses of the United 
States Agency for International Development Office of Inspector 
General', $2,500,000, to remain available until September 30, 2006: 
Provided, That the amount provided under this heading is designated as 
an emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    \1222\ Sec. 402 of Public Law 99-529 (100 Stat. 3010) inserted ``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''.
---------------------------------------------------------------------------
          (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.\1223\ Report on Korea. * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1223\ Sec. 668, 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, required on an annual basis from 1976 through 1981, 
included information on progress made by Korea to modernize its armed 
forces, on the U.S. role in mutual security efforts in Korea, and on 
prospects for or implementation of phased reduction of U.S. Armed 
Forces assigned to duty in Korea. Similar information is now required 
under sec. 25(a)(9) of the Arms Export Control Act.
---------------------------------------------------------------------------
    Sec. 669.\1224\ Nuclear Enrichment Transfers. * * * 
[Repealed--1994]
---------------------------------------------------------------------------
    \1224\ 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.\1225\ Nuclear Reprocessing Transfers, Illegal 
Exports for Nuclear Explosive Devices, Transfers of Nuclear 
Explosive Devices, and Nuclear Detonations. * * * [Repealed--
1994]
---------------------------------------------------------------------------
    \1225\ 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.\1226\ Notification of Program Changes. * * * 
[Redesignated--1978]
---------------------------------------------------------------------------
    \1226\ Sec. 671, 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 \1227\

SEC. 701.\1228\ 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.
---------------------------------------------------------------------------
    \1227\ 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.
    See also Executive Order 13345 of July 8, 2004 (69 F.R. 41901), in 
which the President assigned foreign affairs functions, requirements 
under the Enterprise for the Americas Initiative, and the Tropical 
Forest Conservation Act, under parts IV and V, to members of his 
cabinet, in Legislation on Foreign Relations Through 2005, vol. I-B.
    Sec. 401 of the FA Act of 1962 (Public Law 87-565) repealed former 
part IV, relating to amendments to other laws.
    Sec. 566 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2226) 
provided the following:
---------------------------------------------------------------------------

``authority to engage in debt buybacks or sales
---------------------------------------------------------------------------

    ``Sec. 566. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
---------------------------------------------------------------------------

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

  ``(A) debt-for-equity swaps, debt-for-development swaps, or debt-for-
nature swaps; or

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

  ``(2) Terms and conditions.--Notwithstanding any other provision of law, 
the President shall, in accordance with this section, establish the terms 
and conditions under which loans may be sold, reduced, or canceled pursuant 
to this section.

  ``(3) Administration.--The Facility, as defined in section 702(8) of the 
Foreign Assistance Act of 1961, shall notify the administrator of the 
agency primarily responsible for administering part I of the Foreign 
Assistance Act of 1961 of purchasers that the President has determined to 
be eligible, and shall direct such agency to carry out the sale, reduction, 
or cancellation of a loan pursuant to this section. Such agency shall make 
adjustment in its accounts to reflect the sale, reduction, or cancellation.

  ``(4) Limitation.--The authorities of this subsection shall be available 
only to the extent that appropriations for the cost of the modification, as 
defined in section 502 of the Congressional Budget Act of 1974, are made in 
advance.
---------------------------------------------------------------------------

    ``(b) Deposit of Proceeds.--The proceeds from the sale, reduction, 
or cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    ``(c) Eligible Purchasers.--A loan may be sold pursuant to 
subsection (a)(1)(A) only to a purchaser who presents plans 
satisfactory to the President for using the loan for the purpose of 
engaging in debt-for-equity swaps, debt-for-development swaps, or debt-
for-nature swaps.
    ``(d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    ``(e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading `Debt Restructuring'.''.
    \1228\ 22 U.S.C. 2430.
---------------------------------------------------------------------------

SEC. 702.\1229\ DEFINITIONS.

    For purposes of this part--
---------------------------------------------------------------------------
    \1229\ 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 \1230\ and the 
        Committee on Appropriations of the House of 
        Representatives and the Committee on Foreign Relations 
        and the Committee on Appropriations of the Senate;
---------------------------------------------------------------------------
    \1230\ 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.\1231\ 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--
---------------------------------------------------------------------------
    \1231\ 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.\1232\ REDUCTION OF CERTAIN DEBT.

  (a) Authority To Reduce Debt.--
---------------------------------------------------------------------------
    \1232\ 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.\1233\ 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.
---------------------------------------------------------------------------
    \1233\ 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.\1234\ 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.
---------------------------------------------------------------------------
    \1234\ 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.\1235\ 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).
---------------------------------------------------------------------------
    \1235\ 22 U.S.C. 2430f. Title IV of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2006 (Public Law 
109-102; 119 Stat. 2193), 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, $1,741,515, to remain available until 
expended.''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
---------------------------------------------------------------------------
  (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.\1236\ 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.
---------------------------------------------------------------------------
    \1236\ 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 Government 
                Accountability Office \1237\ such access to 
                books and records associated with operations of 
                the Americas Fund as the Comptroller General of 
                the United States may request;
---------------------------------------------------------------------------
    \1237\ Sec. 8 of the GAO Human Capital Reform Act of 2004 (Public 
Law 108-271; 118 Stat. 814) redesignated the ``General Accounting 
Office'' as the ``Government Accountability Office'' and provided that 
``Any reference to the General Accounting Office in any law, rule, 
regulations, certificate, directive, instruction, or other official 
paper in force on the date of enactment of this Act shall be considered 
to refer and apply to the Government Accountability Office.''.
---------------------------------------------------------------------------
                  (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.\1238\ ENTERPRISE FOR THE AMERICAS BOARD.

  For purposes of this part, the Enterprise for the Americas 
Board shall--
---------------------------------------------------------------------------
    \1238\ 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.\1239\ 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.
---------------------------------------------------------------------------
    \1239\ 22 U.S.C. 2430i.
---------------------------------------------------------------------------

 PART V--DEBT REDUCTION FOR DEVELOPING COUNTRIES WITH TROPICAL FORESTS 
                       \1240\, \1241\

SEC. 801.\1242\ SHORT TITLE.

    This part may be cited as the ``Tropical Forest 
Conservation Act of 1998''.
---------------------------------------------------------------------------
    \1240\ 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 828. 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).
    See also Executive Order 13345 of July 8, 2004 (69 F.R. 41901), in 
which the President assigned foreign affairs functions, requirements 
under the Enterprise for the Americas Initiative, and the Tropical 
Forest Conservation Act, under parts IV and V, to members of his 
cabinet, in Legislation on Foreign Relations Through 2005, vol. I-B.
    \1241\ Sec. 585 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2233), provided the following:
---------------------------------------------------------------------------

``environment programs
---------------------------------------------------------------------------

    ``Sec. 585. (a) Funding.--Of the funds appropriated under the 
heading `Development Assistance', not less than $165,500,000 shall be 
made available for programs and activities which directly protect 
biodiversity, including forests, in developing countries, of which not 
less than $10,000,000 should be made available to implement the United 
States Agency for International Development's biodiversity conservation 
strategy for the Amazon basin, which amount shall be in addition to the 
amounts requested for biodiversity activities in these countries in 
fiscal year 2006: Provided, That of the funds appropriated by this Act, 
not less than $17,500,000 should be made available for the Congo Basin 
Forest Partnership of which not less than $2,500,000 should be made 
available to the United States Fish and Wildlife Service for the 
protection of great apes in Central Africa: Provided further, That of 
the funds appropriated by this Act, not less than $180,000,000 shall be 
made available to support clean energy and other climate change 
policies and programs in developing countries, of which $100,000,000 
should be made available to directly promote and deploy energy 
conservation, energy efficiency, and renewable and clean energy 
technologies, and of which the balance should be made available to 
directly: (1) measure, monitor, and reduce greenhouse gas emissions; 
(2) increase carbon sequestration activities; and (3) enhance climate 
change mitigation and adaptation programs.
    ``(b) Climate Change Report.--Not later than 60 days after the date 
on which the President's fiscal year 2007 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 
2006, 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 2005 obligations and estimated expenditures, fiscal 
year 2006 estimated expenditures and estimated obligations, and fiscal year 
2007 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.
---------------------------------------------------------------------------

    ``(c) Extraction of Natural Resources.--
---------------------------------------------------------------------------

  ``(1) The Secretary of the Treasury shall inform the managements of the 
international financial institutions and the public that it is the policy 
of the United States that any assistance by such institutions (including 
but not limited to any loan, credit, grant, or guarantee) for the 
extraction and export of oil, gas, coal, timber, or other natural resource 
should not be provided unless the government of the country has in place or 
is taking the necessary steps to establish functioning systems for: (A) 
accurately accounting for revenues and expenditures in connection with the 
extraction and export of the type of natural resource to be extracted or 
exported; (B) the independent auditing of such accounts and the widespread 
public dissemination of the audits; and (C) verifying government receipts 
against company payments including widespread dissemination of such payment 
information, and disclosing such documents as Host Government Agreements, 
Concession Agreements, and bidding documents, allowing in any such 
dissemination or disclosure for the redaction of, or exceptions for, 
information that is commercially proprietary or that would create 
competitive disadvantage.

  ``(2) Not later than 180 days after the enactment of this Act, the 
Secretary of the Treasury shall submit a report to the Committees on 
Appropriations describing, for each international financial institution, 
the amount and type of assistance provided, by country, for the extraction 
and export of oil, gas, coal, timber, or other national resource since 
September 30, 2005.''.
---------------------------------------------------------------------------

    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    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 the Treasury determines and notifies 
the Committees on Appropriations that a democratically elected 
government has taken office.''.
    \1242\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 802.\1243\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
---------------------------------------------------------------------------
    \1243\ 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.\1244\ DEFINITIONS.

    As used in this part:
---------------------------------------------------------------------------
    \1244\ 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.\1245\ 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.
---------------------------------------------------------------------------
    \1245\ 22 U.S.C. 2431b.
---------------------------------------------------------------------------

SEC. 805.\1246\ 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--
---------------------------------------------------------------------------
    \1246\ 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 \1247\ 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.
---------------------------------------------------------------------------
    \1247\ 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.\1248\ 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.--
---------------------------------------------------------------------------
    \1248\ 22 U.S.C. 2431d.
---------------------------------------------------------------------------
          (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.
          (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.--(1) \1249\ 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:
---------------------------------------------------------------------------
    \1249\ Sec. 3(a) of Public Law 108-323 (118 Stat. 1218) struck out 
``The following'' and inserted in lieu thereof ``(1) The following''; 
redesignated paras. (1) and (2) as subparas. (A) and (B); and added a 
new para. (2).
---------------------------------------------------------------------------
          (A) \1249\ The provisions relating to repayment of 
        principal under section 705 of this Act.
          (B) \1249\ The provisions relating to interest on new 
        obligations under section 706 of this Act.
    (2) \1249\ In addition to the application of the provisions 
relating to repayment of principal under section 705 of this 
Act to the reduction of debt under subsection (a)(1) (in 
accordance with paragraph (1)(A) of this subsection), repayment 
of principal on a new obligation established under subsection 
(b) may be made in the local currency of the beneficiary 
country and deposited in the Tropical Forest Fund of the 
country in the same manner as the provisions relating to 
payment of interest on new obligations under section 706 of 
this Act.
    (d) \1250\ 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:
---------------------------------------------------------------------------
    \1250\ Sec. 2(a) of Public Law 107-26 (115 Stat. 206) added subsec. 
(d) through para. (3). Sec. 1 of Public Law 108323 (118 Stat. 
1218) added paras. (4), (5), and (6).
---------------------------------------------------------------------------
          (1) $50,000,000 for fiscal year 2002.
          (2) $75,000,000 for fiscal year 2003.
          (3) $100,000,000 for fiscal year 2004.
          (4) $20,000,000 for fiscal year 2005.
          (5) $25,000,000 for fiscal year 2006.
          (6) $30,000,000 for fiscal year 2007.
    (e) \1251\ Use of Funds To Conduct Program Audits and 
Evaluations.--Of the amounts made available to carry out this 
part for a fiscal year, $200,000 is authorized to be made 
available to carry out audits and evaluations of programs under 
this part, including personnel costs associated with such 
audits and evaluations.
---------------------------------------------------------------------------
    \1251\ Sec. 2 of Public Law 108-323 (118 Stat. 1218) added subsec. 
(e).
---------------------------------------------------------------------------

SEC. 807.\1252\ 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.
---------------------------------------------------------------------------
    \1252\ 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.--(1) \1253\ 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):
---------------------------------------------------------------------------
    \1253\ Sec. 3(b) of Public Law 108-323 (118 Stat. 1219) struck out 
``The following'' and inserted in lieu thereof ``(1) The following''; 
redesignated paras. (1) and (2) as subparas. (A) and (B); and added a 
new para. (2).
---------------------------------------------------------------------------
          (A) \1253\ The provisions relating to repayment of 
        principal under section 605 of such Act.
          (B) \1253\ The provisions relating to interest on new 
        obligations under section 606 of such Act.
    (2) \1253\ In addition to the application of the provisions 
relating to repayment of principal under section 605 of the 
Agricultural Trade Development and Assistance Act of 1954 to 
the reduction of debt under subsection (a)(1) (in accordance 
with paragraph (1)(A) of this subsection), repayment of 
principal on a new obligation established under subsection (b) 
may be made in the local currency of the beneficiary country 
and deposited in the Tropical Forest Fund of the country in the 
same manner as the provisions relating to payment of interest 
on new obligations under section 606 of such Act.

SEC. 808.\1254\ 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).
---------------------------------------------------------------------------
    \1254\ 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) 
                \1255\ shall be made available for such 
                reduction of debt pursuant to subparagraph (A).
---------------------------------------------------------------------------
    \1255\ 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.\1256\ 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.
---------------------------------------------------------------------------
    \1256\ 22 U.S.C. 2431g.
---------------------------------------------------------------------------
          (2) Consultation.--In the negotiation of such an 
        Agreement, the Secretary shall consult with the Board 
        in accordance with section 811.
    (b) Contents of Agreement.--The requirements contained in 
section 708(b) of this Act (relating to contents of an 
agreement) shall apply to an Agreement in the same manner as 
such requirements apply to an Americas Framework Agreement.
    (c) Administering Body.--
          (1) In general.--Amounts disbursed from the Fund in 
        each beneficiary country shall be administered by a 
        body constituted under the laws of that country.
          (2) Composition.--
                  (A) In general.--The administering body shall 
                consist of--
                          (i) one or more individuals appointed 
                        by the United States Government;
                          (ii) one or more individuals 
                        appointed by the government of the 
                        beneficiary country; and
                          (iii) individuals who represent a 
                        broad range of--
                                  (I) environmental 
                                nongovernmental organizations 
                                of, or active in, the 
                                beneficiary country;
                                  (II) local community 
                                development nongovernmental 
                                organizations of the 
                                beneficiary country; and
                                  (III) scientific, academic, 
                                or forestry organizations of 
                                the beneficiary country.
                  (B) Additional requirement.--A majority of 
                the members of the administering body shall be 
                individuals described in subparagraph (A)(iii).
          (3) Responsibilities.--The requirements contained in 
        section 708(c)(3) of this Act (relating to 
        responsibilities of the administering body) shall apply 
        to an administering body described in paragraph (1) in 
        the same manner as such requirements apply to an 
        administering body described in section 708(c)(1) of 
        this Act.
    (d) Eligible Activities.--Amounts deposited in a Fund shall 
be used only to provide grants to conserve, maintain, and 
restore the tropical forests in the beneficiary country, 
through one or more of the following activities:
          (1) Establishment, restoration, protection, and 
        maintenance of parks, protected areas, and reserves.
          (2) Development and implementation of scientifically 
        sound systems of natural resource management, including 
        land and ecosystem management practices.
          (3) Training programs to increase the scientific, 
        technical, and managerial capacities of individuals and 
        organizations involved in conservation efforts.
          (4) Restoration, protection, or sustainable use of 
        diverse animal and plant species.
          (5) Research and identification of medicinal uses of 
        tropical forest plant life to treat human diseases, 
        illnesses, and health related concerns.
          (6) Development and support of the livelihoods of 
        individuals living in or near a tropical forest in a 
        manner consistent with protecting such tropical forest.
    (e) Grant Recipients.--
          (1) In general.--Grants made from a Fund shall be 
        made to--
                  (A) nongovernmental environmental, forestry, 
                conservation, and indigenous peoples 
                organizations of, or active in, the beneficiary 
                country;
                  (B) other appropriate local or regional 
                entities of, or active in, the beneficiary 
                country; or
                  (C) in exceptional circumstances, the 
                government of the beneficiary country.
          (2) Priority.--In providing grants under paragraph 
        (1), priority shall be given to projects that are run 
        by nongovernmental organizations and other private 
        entities and that involve local communities in their 
        planning and execution.
    (f) Review of Larger Grants.--Any grant of more than 
$100,000 from a Fund shall be subject to veto by the Government 
of the United States or the government of the beneficiary 
country.
    (g) Eligibility Criteria.--In the event that a country 
ceases to meet the eligibility requirements set forth in 
section 805(a), as determined by the President pursuant to 
section 805(b), then grants from the Fund for that country may 
only be made to nongovernmental organizations until such time 
as the President determines that such country meets the 
eligibility requirements set forth in section 805(a).

SEC. 810.\1257\ 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 and principal \1258\ on new obligations 
undertaken by the beneficiary country under this part.
---------------------------------------------------------------------------
    \1257\ 22 U.S.C. 2431h.
    \1258\ Sec. 3(c) of Public Law 108-323 (118 Stat. 1219) inserted 
``and principal'' after ``interest''.
---------------------------------------------------------------------------
    (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.\1259\ 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.
---------------------------------------------------------------------------
    \1259\ 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''.\1260\
---------------------------------------------------------------------------
    \1260\ 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.\1261\ 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.
---------------------------------------------------------------------------
    \1261\ 22 U.S.C. 2431j.
---------------------------------------------------------------------------

SEC. 813.\1262\ 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--
---------------------------------------------------------------------------
    \1262\ 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.....................................................   422
    Section 1--The Need for International Defense Cooperation and 
      Military Export Controls...................................   422
    Section 2--Coordination With Foreign Policy..................   424
    Section 3--Eligibility.......................................   425
    Section 4--Purposes for Which Military Sales by the United 
      States Are Authorized......................................   434
    Section 5--Prohibition Against Discrimination................   434
    Section 6--Foreign Intimidation and Harassment of Individuals 
      in the United States.......................................   436
Chapter 2--Foreign Military Sales Authorizations.................   437
    Section 21--Sales From Stocks................................   437
    Section 22--Procurement for Cash Sales.......................   446
    Section 23--Credit Sales.....................................   449
    Section 24--Guaranties.......................................   453
    Section 25--Annual Estimate and Justification for Sales 
      Program....................................................   454
    Section 26--Security Assistance Surveys......................   457
    Section 27--Authority of President to Enter into Cooperative 
      Projects with Friendly Foreign Countries...................   458
Chapter 2A--Foreign Military Construction Sales..................   461
    Section 29--Foreign Military Construction Sales..............   461
Chapter 2B--Sales to United States Companies for Incorporation 
  Into End Items.................................................   462
    Section 30--General Authority................................   462
Chapter 2C--Exchange of Training and Related Support.............   463
    Section 30A--Exchange of Training and Related Support........   463
Chapter 3--Military Export Controls..............................   463
    Section 31--Authorization and Aggregate Ceiling on Foreign 
      Military Sales Credits.....................................   463
    Section 33--Restraint in Arms Sales to Sub-Saharan Africa....   467
    Section 34--Foreign Military Sales Credit Standards..........   467
    Section 35--Foreign Military Sales to Less Developed 
      Countries..................................................   467
    Section 36--Reports on Commercial and Governmental Military 
      Exports; Congressional Action..............................   468
    Section 37--Fiscal Provisions Relating to Foreign Military 
      Sales Credits..............................................   482
    Section 38--Control of Arms Exports and Imports..............   482
    Section 39--Fees of Military Sales Agents and Other Payments.   494
    Section 39A--Prohibition on Incentive Payments...............   495
    Section 40--Transactions With Countries Supporting Acts of 
      International Terrorism....................................   496
    Section 40A--Transactions With Countries Not Fully 
      Cooperating With United States Antiterrorism Efforts.......   504
Chapter 3A--End-Use Monitoring of Defense Articles and Defense 
  Services.......................................................   505
    Section 40A End-Use Monitoring of Defense Articles and 
      Defense Services...........................................   505
Chapter 4--General, Administrative, and Miscellaneous Provisions.   506
    Section 41--Effective Date...................................   506
    Section 42--General Provisions...............................   506
    Section 43--Administrative Expenses..........................   508
    Section 44--Statutory Construction...........................   509
    Section 45--Statutes Repealed and Amended....................   509
    Section 46--Savings Provisions...............................   509
    Section 47--Definitions......................................   509
Chapter 5--Special Defense Acquisition Fund......................   511
    Section 51--Special Defense Acquisition Fund.................   511
    Section 52--Use and Transfer of Items Procured by the Fund...   513
Chapter 6--Leases of Defense Articles and Loan Authority for 
  Cooperative Research and Development Purposes..................   514
    Section 61--Leasing Authority................................   514
    Section 62--Reports to the Congress..........................   516
    Section 63--Legislative Review...............................   517
    Section 64--Application of Other Provisions of Law...........   517
    Section 65--Loan of Materials, Supplies, and Equipment for 
      Research and Development Purposes..........................   518
Chapter 7--Control of Missiles and Missile Equipment Technology..   519
    Section 71--Licensing........................................   519
    Section 72--Denial of the Transfer of Missile Equipment or 
      Technology by United States Persons........................   520
    Section 73--Transfers of Missile Equipment or Technology by 
      Foreign Persons............................................   522
    Section 73A--Notification of Admittance of MTCR Adherents....   525
    Section 73B--Authority Relating to MTCR Adherents............   526
    Section 74--Definitions......................................   526
Chapter 8--Chemical or Biological Weapons Proliferation..........   528
    Section 81--Sanctions Against Certain Foreign Persons........   528
Chapter 9--Transfer of Certain CFE Treaty-Limited Equipment to 
  NATO Members...................................................   531
    Section 91--Purpose..........................................   531
    Section 92--CFE Treaty Obligations...........................   531
    Section 93--Authorities......................................   532
    Section 94--Notifications and Reports to Congress............   533
    Section 95--Definitions......................................   533
Chapter 10--Nuclear Nonproliferation Controls....................   534
    Section 101--Nuclear Enrichment Transfers....................   534
    Section 102--Nuclear Reprocessing Transfers, Illegal Exports 
      for Nuclear Explosive Devices, Transfers of Nuclear 
      Explosive Devices, and Nuclear Detonations.................   535
    Section 103--Definition of Nuclear Explosive Device..........   542
                     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; Public Law 107-228 [Foreign 
    Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116 
    Stat. 1350, approved September 30, 2002; Public Law 108-458 
    [Intelligence Reform and Terrorism Prevention Act of 2004; S. 
    2845], 118 Stat. 3638, approved December 17, 2004; Public Law 109-
    102 [Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved 
    November 14, 2005

    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\ Sec. 201 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 734) struck out 
``Foreign Military Sales Act'' and inserted in lieu thereof ``Arms 
Export Control Act''. 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. 1225 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public Law 
108-375; 118 Stat. 2091), relating to bilateral exchanges and trade in 
defense articles and defense services between the United States and the 
United Kingdom and Australia; and sec. 4026 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 
3724), stating U.S. policy on the proliferation of Man-Portable Air 
Defense Systems (MANPADS). Regarding the latter, see also sec. 6902 in 
the same Act, stating congressional findings on MANPADS and other 
destructive weapons.
    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 2005, 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 
2005, 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 para., 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 para. and adding the language beginning 
with ``It shall be the policy of the United States''. The last para. 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\ Sec. 15(a) of the International Security Assistance Act of 1978 
(92 Stat. 739) added this para. 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 para.
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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.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2752. See also Presidential determinations, in notes 
at sec. 38.
---------------------------------------------------------------------------
    (b) \7\ Under the direction of the President, the Secretary 
of State (taking into account other United States activities 
abroad, such as military assistance, economic assistance, and 
food for peace program) shall be responsible for the continuous 
supervision and general direction of sales, leases, financing, 
cooperative projects, and exports under this Act, including, 
but not limited to, determining--
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    \7\ Sec. 115(b) of Public Law 99-83 (99 Stat. 201) amended and 
restated subsec. (b). 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. 549 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2217), 
provided the following:
---------------------------------------------------------------------------

``haiti
---------------------------------------------------------------------------

    ``Sec. 549. (a) Of the funds appropriated by this Act, the 
following amounts shall be made available for assistance for Haiti--
---------------------------------------------------------------------------

  ``(1) $20,000,000 from `Child Survival and Health Programs Fund';

  ``(2) $30,000,000 from `Development Assistance';

  ``(3) $50,000,000 from `Economic Support Fund';

  ``(4) $15,000,000 from `International Narcotics Control and Law 
Enforcement';

  ``(5) $1,000,000 from `Foreign Military Financing Program'; and

  ``(6) $215,000 from `International Military Education and Training'.
---------------------------------------------------------------------------

    ``(b) 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.
    ``(c) None of the funds made available in this Act under the 
heading `International Narcotics Control and Law Enforcement' may be 
used to transfer excess weapons, ammunition or other lethal property of 
an agency of the United States Government to the Government of Haiti 
for use by the Haitian National Police until the Secretary of State 
certifies to the Committees on Appropriations that: (1) the United 
Nations Mission in Haiti (MINUSTAH) has carried out the vetting of the 
senior levels of the Haitian National Police and has ensured that those 
credibly alleged to have committed serious crimes, including drug 
trafficking and human rights violations, have been suspended; and (2) 
the Transitional Haitian National Government is cooperating in a reform 
and restructuring plan for the Haitian National Police and the reform 
of the judicial system as called for in United Nations Security Council 
Resolution 1608 adopted on June 22, 2005.''.
    Language similar to that of subsec. (b) was first enacted as sec. 
582 of the Foreign Assistance Appropriations Act, 1997. Prior to FY 
2001, the section stated eligibility for both Haiti's Coast Guard and 
the civilian-led Haitian National Police.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
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``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
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    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    Sec. 906 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 
3356) provided the following:
---------------------------------------------------------------------------

``sec. 906. eligibility of baltic states for nonlethal defense articles.
---------------------------------------------------------------------------

    ``(a) Eligibility.--Estonia, Latvia, and Lithuania shall each be 
eligible--
---------------------------------------------------------------------------

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

  ``(A) under the Arms Export Control Act (22 U.S.C. 2751 et seq.), without 
regard to section 3(a)(1) of that Act, or

  ``(B) under section 503 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2311), without regard to the requirement in subsection (a) of that section 
for a Presidential finding; and

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

    ``(b) Definitions.--As used in this section--
---------------------------------------------------------------------------

  ``(1) the term `defense article' has the same meaning given to that term 
in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794(3)); and

  ``(2) the term `excess defense article' has the same meaning given to 
that term in section 644(g) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2403(g)).''.
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    \9\ Sec. 109(b)(2)(A) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526) inserted 
``or leased''.
    \10\ Sec. 115(b)(2)(A) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 201) 
inserted ``and no agreement shall be entered into for a cooperative 
project (as defined in section 27 of this Act)''.
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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;
---------------------------------------------------------------------------
    \11\ In 2004, the President determined ``that the furnishing of 
defense articles and services to the RSS [Regional Security System] 
will strengthen the security of the United States and promote world 
peace'' (Presidential Determination No. 2004-20 of January 5, 2004; 69 
F.R. 2477). The President made a similar determination to provide 
defense articles and services to Iraq (Presidential Determination No. 
2004-40 of July 21, 2004; 69 F.R. 46399), and for the African Union 
(Presidential Determination No. 2004-50 of September 24, 2004; 69 F.R. 
58789).
    In 2003, the President made a similar determination for Serbia and 
Montenegro (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) inserted 
``or related training or other defense service''.
    \13\ Sec. 115(b)(2)(B)(i) of Public Law 99-83 (99 Stat. 201) 
inserted ``or produced in a cooperative project (as defined in section 
27 of this Act''.
    \14\ Sec. 115(b)(2)(B)(ii) of Public Law 99-83 (99 Stat. 201) 
inserted ``(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 (Public Law 93-189) struck 
out ``and'' at the end of para. (2) and inserted in lieu thereof ``and 
not to use or permit the use of such article for purposes other than 
those for which furnished''.
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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 (Public Law 93-189) 
redesignated former para. (3) as para. (4) and added a new para. (3).
    \17\ Sec. 115(b)(2)(c) of Public Law 99-83 (99 Stat. 201) inserted 
``or service''. Sec. 1102(3)(C) of Public Law 99-145 (99 Stat. 710) 
made the 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\ Sec. 109(b)(2)(B) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526) 
inserted ``or lease''.
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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) 
struck out ``, 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'' after ``country''.
    \20\ Sec. 25(2)(C) of the FA Act of 1973 (Public Law 93-189) added 
the words to this point, beginning with ``In considering a request for 
approval''.
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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 and restated 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) redesignated paras. (1) through (5) as 
subparas. (A) through (E), added para. designation ``(1)'', and added a 
new para. (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\ Sec. 16(1) of the International Security Assistance Act of 
1977 (Public Law 95-92; 91 Stat. 622) struck out ``, 30 days prior to 
giving such consent,''.
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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\ Sec. 101(a)(1)(B) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1519) 
amended and restated subpara. (B). 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\ Sec. 101(a)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1519) struck out 
``defense'' and ``related training or other defense'', before 
``article'' and ``service'', respectively.
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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 
subpara. designation ``(A)'', added the words to this point in subpara. 
(A), and added a new subpara. (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 para. (3) as para. (4) and added this new para. (3). Para. (4) 
was originally added as para. (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. designation ``(A)''.
    \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\ Sec. 11 of the International Security Assistance Act of 1979 
(Public Law 96-92; 93 Stat. 705) amended and restated subpara. (C). 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\ Subpara. (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). Subpara. (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\ Sec. 109(b)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1526) inserted 
``or leased''.
    \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. 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 para. 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. 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 U.S.C. 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 2005, vol. I-B.
    Sec. 706 of the Security Assistance Act of 2000 (Public Law 106-
280; 114 Stat. 862) provided the following:
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``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 paras. (1), (2) and (3) as subparas. (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\ Sec. 108(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 197) amended and 
restated subpara. (C). 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\ Sec. 107(a)(3) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 196) added para. 
(2).
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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\ Sec. 102 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3132) added para. 
designation ``(1)'' and a new para. (2). Para. (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). 
Para. (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--
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  ``(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.''.
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    \63\ Sec. 102(1) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3132) struck out 
``training, advising, or otherwise providing assistance regarding 
combat activities'' and inserted in lieu thereof ``training and 
advising that may engage United States personnel in combat 
activities''.
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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, 2006 (Public Law 109-102; 119 Stat. 2192), provided 
the following under ``Foreign Military Financing Program'': ``Provided 
further, That not more than $373,000,000 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 2006 
pursuant to section 43(b) of the Arms Export Control Act, except that 
this limitation may be exceeded only through the regular notification 
procedures of the Committees on Appropriations:''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
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``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
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  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
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    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
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  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
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  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
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    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    \65\ Sec. 109 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 197) inserted 
parenthetical text.
    \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 para. (1)(B) 
which read ``(B) any use of plant and production equipment in 
connection with such defense articles;'' and redesignated subparas. (C) 
and (D) as subparas. (B) and (C), respectively.
    Sec. 710 of the Security Assistance Act of 2000 (Public Law 106-
280; 114 Stat. 864) provided the following:
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``sec. 710. waiver of certain costs.
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    ``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 
text.
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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\ Sec. 16 of the International Security Assistance Act of 1978 
(Public Law 95-384; 92 Stat. 740) added subpara. (D), which was 
subsequently redesignated as subpara. (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,\72\ or foreign 
procurement in the United States under coproduction 
arrangements.
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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.
---------------------------------------------------------------------------

    ``(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 to show redesignation of paras. (B) and (C), above.
    \72\ Sec. 104 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1521) inserted 
``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,''.
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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).
---------------------------------------------------------------------------
          (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\ Sec. 108(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 197) added subsec. 
(g).
    An earlier subsec. (g) was 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''.
    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).
    On March 14, 2002, the President notified Congress that he 
designated the Kingdom of Bahrain 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. 2002-10; 67 F.R. 
13247).
    On October 6, 2003, the President notified Congress that he 
designated the Republic of the Philippines 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. 2004-02; 68 
F.R. 59855).
    On December 30, 2003, the President notified Congress that he 
designated the Kingdom of Thailand 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. 2004-16; 69 F.R. 
2053).
    On January 15, 2004, the President notified Congress that he 
designated the State of Kuwait 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. 2004-21; 69 F.R. 4843).
    On June 3, 2004, the President notified Congress that he designated 
the Kingdom of Morocco 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. 2004-35; 69 F.R. 34049).
    On June 16, 2004, the President notified Congress that he 
designated the Islamic Republic of Pakistan 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. 2004-37; 69 
F.R. 38797).
    \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 a 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 para. designation ``(1)'' after subsec. (h), 
added para. (2), and redesignated what was previously paras. (1) and 
(2) as subparas. (A) and (B) of the newly designated (h)(1).
    \78\ Sec. 110 of Public Law 99-83 (99 Stat. 197) inserted 
``contract administration services''.
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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 or the 
        Governments of Australia, New Zealand, Japan, or 
        Israel,\80\ 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\ Sec. 115(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134) inserted ``, 
or design and construction services''.
    \80\ Sec. 534(l)(1) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2211), inserted ``or the Governments of Australia, New Zealand, 
Japan, or Israel'' after ``North Atlantic Treaty Organization''.
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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 \81\ 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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    \81\ 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, to any member of that Organization, or to 
the Governments of Australia, New Zealand, Japan, or Israel if 
that Organization, member government, or the Governments of 
Australia, New Zealand, Japan, or Israel \82\ provides such 
data and services in accordance with an agreement on a 
reciprocal basis, without charge, to the United States 
Government.
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    \82\ Sec. 534(l)(2) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2211), struck out ``or to any member government [of] that 
Organization if that Organization or member government'' and inserted 
in lieu thereof ``, to any member of that Organization, or to the 
Governments of Australia, New Zealand, Japan, or Israel if that 
Organization, member government, or the Governments of Australia, New 
Zealand, Japan, or Israel''.
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    (i) \83\ (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,\84\ 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--
---------------------------------------------------------------------------
    \83\ 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.
    \84\ Sec. 3 of Public Law 97-392 (96 Stat. 1962) added the 
reference to the authority under chapter 2B.
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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) \85\ * * * [Repealed--1996]
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    \85\ 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) \86\ 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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    \86\ 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) \87\ Repair of Defense Articles.--
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    \87\ 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) \88\ Return of Defense Articles.--
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    \88\ 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.\89\ 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.\90\
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    \89\ 22 U.S.C. 2762. Sec. 25(3) of the FA Act of 1973 (Public Law 
93-189) 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.''.
    \90\ Sec. 207(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 738) added the 
last two sentences of this para.
---------------------------------------------------------------------------
    (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.\91\ 
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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    \91\ 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 first two sentences. 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) \92\ 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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    \92\ 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) \93\ Competitive Pricing.--(1) \94\ 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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    \93\ 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). Sec. 531A(b) and (c) of that Act 
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.''.
    \94\ 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) \94\ 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.\95\, \96\ Credit Sales.--(a) 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.\97\
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    \95\ 22 U.S.C. 2763. Sec. 102 of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 195) 
amended and restated sec. 23, which 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 (Public Law 93-
559) 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.''.
    On September 29, 2005, the President issued a memorandum for the 
Secretary of State stating: ``I hereby determine it necessary for the 
purposes of that Act [the Foreign Assistance Act of 1961] that $5 
million in FY 2004 funds made available under the Support for East 
European Democracy Act ($1 million) and FY 2005 funds made available 
under chapter 9 of part II of the Act ($1.2 million) and under section 
23 of the Arms Export Control Act ($2.8 million) be transferred to, and 
consolidated with, funds made available under chapter 8 of part I of 
the Act, and such funds are hereby so transferred and consolidated.'' 
(Presidential Determination No. 2005-41; October 17, 2005; 70 F.R. 
60403).
    \96\ 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:
---------------------------------------------------------------------------

``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, 2006 (Public Law 109-102; 119 Stat. 2189), 
provided the following:
---------------------------------------------------------------------------

``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------

    ``For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $410,100,000, 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 for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $37,500,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That 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 $705,000, 
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 funds appropriated under 
this heading that are available for `Anti-terrorism Assistance' and 
`Export Control and Border Security' shall remain available until 
September 30, 2007.''.
    Title III of that Act (119 Stat. 2191) provided the following:
---------------------------------------------------------------------------

``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, 
$4,500,000,000: Provided, That of the funds appropriated under this 
heading, not less than $2,280,000,000 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 $595,000,000 shall be available 
for the procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That of the funds 
appropriated by this paragraph, $210,000,000 shall be made available 
for assistance for Jordan: Provided further, That funds appropriated or 
otherwise made available 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 Guatemala: Provided further, That none of the funds 
appropriated under this heading may be made available for assistance 
for Haiti except pursuant to the regular notification procedures of the 
Committees on Appropriations: Provided further, That funds made 
available under this heading may be used, notwithstanding any other 
provision of law, for demining, the clearance of unexploded ordnance, 
and related activities, and may include activities implemented through 
nongovernmental and international organizations: Provided further, That 
only those countries for which assistance was justified for the 
`Foreign Military Sales Financing Program' in the fiscal year 1989 
congressional presentation for security assistance programs may utilize 
funds made available under this heading for procurement of defense 
articles, defense services or design and construction services that are 
not sold by the United States Government under the Arms Export Control 
Act: Provided further, That 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 
$42,500,000 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 $373,000,000 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 2006 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 
2006 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 (119 Stat. 2198-2200) provided the following:
---------------------------------------------------------------------------

``commercial leasing of defense articles
---------------------------------------------------------------------------

    ``Sec. 510. 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.
---------------------------------------------------------------------------

``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, chapters 4, 6, 8, and 9 of part II of the 
Foreign Assistance Act of 1961, 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.
---------------------------------------------------------------------------

* * * * * * *

``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: * * 
*''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    \97\ Sec. 572 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1988 (Continuing Appropriations 
for 1988, Public Law 100-202) added this sentence.
---------------------------------------------------------------------------
    (b) The President shall require repayment in United States 
dollars within a period not to exceed twelve years \98\ 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.
---------------------------------------------------------------------------
    \98\ Sec. 208(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 739) struck out 
``ten years'' and inserted in lieu thereof ``twelve years''. Sec. 
208(b) of the same Act went on to say, ``The amendment made by 
subsection (a) shall apply with respect to financing under agreements 
entered into on or after the date of enactment of this Act for the 
procurement of defense articles to be delivered, or defense services to 
be rendered, after such date''.
---------------------------------------------------------------------------
    (c)(1) The President shall charge interest under this 
section at such rate as he may determine, except that such rate 
may not be less than 5 percent per year.
    (2) For purposes of financing provided under this section--
          (A) the term ``concessional rate of interest'' means 
        any rate of interest which is less than market rates of 
        interest; and
          (B) the term ``market rate of interest'' means any 
        rate of interest which is equal to or greater than the 
        current average interest rate (as of the last day of 
        the month preceding the financing of the procurement 
        under this section) that the United States Government 
        pays on outstanding marketable obligations of 
        comparable maturity.
    (d) References in any law to credits extended under this 
section shall be deemed to include reference to participations 
in credits.
    (e) \99\ (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).
---------------------------------------------------------------------------
    \99\ Sec. 580 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2045), added subsec. (e).
---------------------------------------------------------------------------
    (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) \100\ 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.
---------------------------------------------------------------------------
    \100\ Sec. 102(a) of Public Law 104-164 (110 Stat. 1422) added 
subsec. (f).
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    (g) \101\ (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.
---------------------------------------------------------------------------
    \101\ Sec. 102(b) of Public Law 104-164 (110 Stat. 1422) added 
subsec. (g).
---------------------------------------------------------------------------
    (2) For purposes of this subsection, the term ``cash flow 
financing'' has the meaning given such term in subsection (d) 
of section 25, as added by section 112(b) of Public Law 99-83.
    (h) \102\ 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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    \102\ Sec. 102(c) of Public Law 104-164 (110 Stat. 1422) added 
subsec. (h).
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    Sec. 24.\103\ 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) \104\ 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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    \103\ 22 U.S.C. 2764.
    \104\ Sec. 45(a)(3) of the FA Act of 1974 (Public Law 93-559) 
struck out ``(excluding United States Government agencies)'' and 
inserted in lieu thereof ``(excluding United States Government agencies 
other than the Federal Financing Bank)''.
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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) 
\104\ 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) \105\ 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.
---------------------------------------------------------------------------
    \105\ Subsec. (c), as amended by the FA Act of 1973 (Public Law 93-
189) and the FA Act of 1974 (Public Law 93-559), 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.\106\ Annual Estimate and Justification for Sales 
Program.--(a) Except as provided in subsection (d) of this 
section,\107\ no later than February 1 of each year, the 
President shall transmit to the appropriate congressional 
committees,\108\ 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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    \106\ 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 paras. (1) 
through (4), (7), and (8). Much of the remaining information now 
required by sec. 25, was formerly required by other statutes as 
follows: para. (6)--sec. 43(c) of the Arms Export Control Act; para. 
(9)--sec. 668 of the Foreign Assistance Act of 1961; para. (10)--sec. 
714 of the International Security and Development Cooperation Act of 
1980; and para. (11)--sec. 634(a)(4) of the Foreign Assistance Act of 
1961.
    \107\ Subsec. (d) and the reference to it at the beginning of 
subsec. (a) were added by sec. 113(1) and (2) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 198).
    \108\ 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) \109\ 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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    \109\ 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
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    ``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) \110\ 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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    \110\ Sec. 112(a) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 198) added subpara. 
(B) and subpara. designation ``(A)''.
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          (B) \110\ 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; \111\
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    \111\ 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) \111\ (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; 
        \112\
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    \112\ 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) \112\ 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) \111\, \112\ 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) \113\ 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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    \113\ 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) \107\ 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) \114\ 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; \114\
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    \114\ 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) \115\ 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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    \115\ 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.\116\ Security Assistance \117\ 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 \117\ 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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    \116\ 22 U.S.C. 2766. Added by sec. 19 of the International 
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 740).
    \117\ Sec. 114(a)(1) and (2) of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 198) 
struck out ``defense requirement'' and inserted in lieu thereof 
``security assistance''.
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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 \118\ 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 \119\ 
security assistance \117\ surveys conducted by United States 
Government personnel.
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    \118\ 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.
    \119\ Sec. 114(b) of Public Law 99-83 (99 Stat. 199) struck out 
``grant that committee access to'' and inserted in lieu thereof 
``submit to that committee copies of''.
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    (d) \120\ 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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    \120\ Sec. 114(a)(3) of Public Law 99-83 (99 Stat. 198) added 
subsec. (d).
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    Sec. 27.\121\ 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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    \121\ 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 \122\ 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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    \122\ Sec. 1103(a)(1)(A)(i) of Public Law 99-661 (100 Stat. 3816) 
inserted ``in the case of an agreement with the North Atlantic Treaty 
Organization''.
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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; \123\
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    \123\ Sec. 1022 of Public Law 100-180 (101 Stat. 1144) inserted 
``or for procurement by the United States of munitions from the North 
Atlantic Treaty Organization or a subsidiary of such organization''.
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          (2) \124\ 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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    \124\ Sec. 1103(a)(1)(A)(iv) of Public Law 99-661 (100 Stat. 3816) 
added para. (2) and redesignated former para. (2) as para. (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) \124\ 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.\125\ 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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    \125\ 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,\126\ 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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    \126\ Sec. 1103(a)(1)(B) of Public Law 99-661 (100 Stat. 3816) 
inserted ``including an estimate of the costs as a result of waivers of 
section 21(e)(1)(A) and 43(b) of this Act,''.
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          (4) an estimate of the dollar value of the funds to 
        be contributed by the United States and each of the 
        other participants on behalf of such cooperative 
        project;
          (5) a description of the defense articles and defense 
        services expected to be contributed by the United 
        States and each of the other participants on behalf of 
        such cooperative project;
          (6) a statement of the foreign policy and national 
        security benefits anticipated to be derived from such 
        cooperative project; and
          (7) to the extent known, whether it is likely that 
        prime contracts will be awarded to particular prime 
        contractors or that subcontracts will be awarded to 
        particular subcontractors to comply with the proposed 
        agreement.
    (g) In the case of a cooperative project with a North 
Atlantic Treaty Organization country,\127\ section 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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    \127\ Sec. 1103(a)(1)(c) of Public Law 99-661 (100 Stat. 3816) 
inserted ``In the case of a cooperative project with a North Atlantic 
Treaty Organization country,''.
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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) \128\ (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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    \128\ Sec. 1103(a)(1)(D) of Public Law 99-661 (100 Stat. 3816) 
added subsec. (j).
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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 \129\ 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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    \129\ 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.\130\ * * * [Repealed--1996]
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    \130\ Formerly at 22 U.S.C. 2768. Sec. 1064(a) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 445) repealed sec. 28, relating to reports on price and 
availability estimates.
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         Chapter 2A--FOREIGN MILITARY CONSTRUCTION SALES \131\

    Sec. 29.\132\ 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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    \131\ Sec. 105 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3133) added 
chapter 2A.
    \132\ 22 U.S.C. 2769.
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Chapter 2B--SALES TO UNITED STATES COMPANIES FOR INCORPORATION INTO END 
                                 ITEMS

    Sec. 30.\133\ 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) \134\ 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) \134\ 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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    \133\ 22 U.S.C. 2770. Added by sec. 1 of Public Law 97-392 (96 
Stat. 1962).
    \134\ Sec. 9097 of the Department of Defense Appropriations Act, 
1990 (Public Law 101-165; 103 Stat. 1150), added clause designation 
``(i)'' and added clause (ii) through the first 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 \135\--EXCHANGE OF TRAINING AND RELATED SUPPORT

    Sec. 30A.\135\ 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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    \135\ 22 U.S.C. 2770a. Sec. 116 of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 202) 
added chapter 2C (sec. 30A).
---------------------------------------------------------------------------
    (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.\136\, \137\ 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. 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.
---------------------------------------------------------------------------
    \136\ 22 U.S.C. 2771.
    \137\ 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; fiscal 
years 2004 through 2006--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:
---------------------------------------------------------------------------

``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, 2006 (Public Law 109-102; 119 Stat. 2189), 
provided the following:
---------------------------------------------------------------------------

``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------

    ``For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $410,100,000, 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 for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $37,500,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That 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 $705,000, 
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 funds appropriated under 
this heading that are available for `Anti-terrorism Assistance' and 
`Export Control and Border Security' shall remain available until 
September 30, 2007.''.
    Title III of that Act (119 Stat. 2191) provided the following:
---------------------------------------------------------------------------

``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, 
$4,500,000,000: Provided, That of the funds appropriated under this 
heading, not less than $2,280,000,000 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 $595,000,000 shall be available 
for the procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That of the funds 
appropriated by this paragraph, $210,000,000 shall be made available 
for assistance for Jordan: Provided further, That funds appropriated or 
otherwise made available 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 Guatemala: Provided further, That none of the funds 
appropriated under this heading may be made available for assistance 
for Haiti except pursuant to the regular notification procedures of the 
Committees on Appropriations: Provided further, That funds made 
available under this heading may be used, notwithstanding any other 
provision of law, for demining, the clearance of unexploded ordnance, 
and related activities, and may include activities implemented through 
nongovernmental and international organizations: Provided further, That 
only those countries for which assistance was justified for the 
`Foreign Military Sales Financing Program' in the fiscal year 1989 
congressional presentation for security assistance programs may utilize 
funds made available under this heading for procurement of defense 
articles, defense services or design and construction services that are 
not sold by the United States Government under the Arms Export Control 
Act: Provided further, That 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 
$42,500,000 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 $373,000,000 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 2006 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 
2006 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 (119 Stat. 2198-2200) provided the following:
---------------------------------------------------------------------------

``commercial leasing of defense articles
---------------------------------------------------------------------------

    ``Sec. 510. 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.
---------------------------------------------------------------------------

``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, chapters 4, 6, 8, and 9 of part II of the 
Foreign Assistance Act of 1961, 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.
---------------------------------------------------------------------------

* * * * * * *

``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: * * 
*''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    \138\ Sec. 104(d) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3133) added this 
sentence.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \139\ Sec. 101(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 193), amended and 
restated sec. 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.
---------------------------------------------------------------------------
    (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.
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
    (d) \141\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \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]
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    \143\ 22 U.S.C. 2773. Sec. 18 of the International Security 
Assistance Act of 1979 (Public Law 96-92; 93 Stat. 709) amended and 
restated sec. 33, which 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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \145\ 22 U.S.C. 2775.
---------------------------------------------------------------------------
    (b) \146\ * * * [Repealed--1974]
---------------------------------------------------------------------------
    \146\ Sec. 45(a)(5) of the FA Act of 1974 (Public Law 93-559) 
repealed subsec. (b).
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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--
---------------------------------------------------------------------------
    \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\ Sec. 19(a)(1) of the International Security Assistance Act of 
1979 (Public Law 96-92; 93 Stat. 709) struck out ``thirty'' and 
inserted in lieu thereof ``sixty''.
    \149\ Sec. 7(b) of the Anti-Terrorism and Arms Export Amendments 
Act of 1989 (Public Law 101-222; 103 Stat. 1899) added ``, and any 
information provided under paragraph (11) of this subsection may also 
be provided in a classified addendum''.
---------------------------------------------------------------------------
          (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 paras. (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 para. (8) as para. (9) and inserted a new para. (8). Sec. 
604(c) of the same Act stated that para. (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).
    Para. (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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  ``(A) the number of United States military personnel, the number of 
United States Government civilian personnel, and the United States civilian 
contract personnel, who were in each foreign country at the end of that 
quarter, and

  ``(B) the number of members of each such category of personnel who were 
in each foreign country at any time during that quarter,

``in implementation of sales and commercial exports under this Act or of 
assistance under chapter 2, 5, 6, or 8 of part II of the Foreign Assistance 
Act of 1961, including both personnel assigned to the country and personnel 
temporarily in the country by detail or otherwise;''.

          (8) \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\ Para. (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\ Paras. (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 para. (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). 
Para. (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 2005, 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''.
    \158\ 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\ Sec. 105(d)(1) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134) inserted 
``any design and construction services for $200,000,000 or more,''.
    \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\ Sec. 105(d)(2)(A) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134) 
inserted ``, 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)''.
    \162\ Sec. 105(d) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134) added the 
reference to design and construction services.
    \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\ Sec. 1180 of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 995 Stat. 203) inserted 
``and a detailed justification of the reasons necessitating the sale of 
such articles or services in view of the sensitivity of such 
technology''.
    \165\ Sec. 735(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503), added 
this sentence.
    \166\ Sec. 732(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 503), added 
this sentence.
    \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\ Sec. 105(d)(2)(C)(ix) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135) 
added reference to defense services or design and construction 
services.
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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\ Sec. 105(d)(2)(C)(ii) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3134) 
added reference to design and construction service.
    \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, sec. 21(1) of the International Security Assistance Act 
of 1978 (Public Law 95-384; 92 Stat. 741) amended and restated subpara. 
(D), which 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\ Sec. 21(4) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 741) added subparas. (N), (O) and 
(P).
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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 2005, vol. I-B.
    \176\ Sec. 102(b)(1) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520) struck out 
``if the Congress, within thirty calendar days after receiving such 
certification,'' and inserted in lieu thereof ``with respect to a 
proposed sale to any other country or organization, if the Congress 
within thirty days after receiving such certification,''.
    \177\ Public Law 99-247 (100 Stat. 9) struck out ``concurrent'' and 
inserted in lieu thereof ``joint''.
    \178\ Sec. 19(c) of the International Security Assistance Act of 
1979 (Public Law 96-92; 93 Stat. 709) added this sentence.
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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\ Sec. 102(b)(2) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1520) inserted ``, 
except that for purposes of consideration of any concurrent 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 concurrent resolution was referred if such committee has not 
reported such concurrent resolution at the end of five calendar days 
after its introduction'' (see footnote above, relating to 
``concurrent'' and ``joint'').
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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\ Sec. 16(b) of the International Security Assistance Act of 
1979 (Public Law 96-92; 93 Stat. 708) added para. (4).
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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\ Sec. 118(2) of the International Security and Development 
Cooperation Act of 1983 (Public Law 99-83; 99 Stat. 203) added para. 5.
    \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\ Each year the Director of the Office of Defense Trade 
Controls notifies 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 
para. designation ``(1)'', made several technical changes to para. (1), 
and added new paras. (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 para. (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) \186\ (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--
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    \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\ Sec. 105(e)(1) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135) added the 
reference to sec. 29.
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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\ Sec. 25(11) of the FA Act of 1973 (Public Law 93-189) 
inserted ``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),'' .
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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\ Sec. 104(b) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3133) added 
subsec. (c).
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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); 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); 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)); Zimbabwe (April 11, 2002; 67 
F.R. 18978; some export exceptions, July 17, 2002; 67 F.R. 48242); and 
Cote D'Ivoire (Department of State Public Notice 4922; December 6, 
2004; 69 F.R. 74560).
    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. Effective June 20, 2003, per 
Department of State Public Notice 4384 (68 F.R. 37039), notice is given 
that requests for export and retransfer of defense articles, defense 
services, and related technical data to India or Pakistan will be 
considered on a standard case-by-case basis, reversing policy stated on 
May 20, 1998 and June 17, 1998. (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).
    The following countries are embargoed under International Traffic 
in Arms Regulations (ITAR; 22 CFR Part 126), last amended August 29, 
2005: Belarus, Cuba, Iran, Libya, North Korea, Syria, and Vietnam. 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), Somalia, and Sudan.
    The ITAR prohibits exports and sales to persons identified by the 
United Nations in implementing U.N. Security Council Resolutions. See 
Department of State Public Notice 4455, effective August 25, 2003 (68 
F.R. 51048).
    The ITAR restricts exports and sales to countries the governments 
of which have been identified for their support for acts of 
international terrorism, currently Cuba, Iran, Libya, North Korea, 
Sudan, and Syria.
    Once removed from the ITAR, some selective restrictions may be 
applied, as stated in the ITAR, for licenses and other approvals for 
exports and imports of defense articles and services. Iraq, 
Afghanistan, Rwanda, and the Democratic Republic of the Congo are thus 
restricted.
    The Democratic Republic of the Congo was removed from the ITAR 
restrictive list effective February 17, 2004 (69 F.R. 7349), though a 
presumption of denial for the export of most defense articles and 
services continues.
    Rwanda was removed from the ITAR restrictive list effective July 
30, 2003 (68 F.R. 44613), though a presumption of denial for the export 
of most defense articles and services continues.
    Angola was removed from the ITAR restrictive list effective 
November 21, 2003 (68 F.R. 56533). Previously, 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 (58 F.R. 35864).
    The 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).
    Effective August 29, 2005, the Department of State added two new 
sections to the ITAR to define ``North Atlantic Treaty Organization'' 
as ``Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia, 
France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, 
Luxembourg, The Netherlands, Norway, Poland, Portugal, Romania, 
Slovakia, Slovenia, Spain, Turkey, United Kingdom and the United 
States'' (22 CFR Part 120.31) and to define ''Major non-NATO ally'' as 
``a country that is designated in accordance with section 517 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321k) as a major non-NATO 
ally for purposes of the Foreign Assistance Act of 1961 and the Arms 
Export Control Act (22 U.S.C. 2751 et seq.) (22 U.S.C. 2403(q)). The 
following countries have been designated as major non-NATO allies: 
Argentina, Australia, Bahrain, Egypt, Israel, Japan, Jordan, Kuwait, 
Morocco, New Zealand, Pakistan, the Philippines, Thailand, and Republic 
of Korea. 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)). (Department of State Public Notice 
5176; 70 F.R. 50958).
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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 para. 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\ Sec. 107(c) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533, 94 Stat. 3136) added para. 
(3).
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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\ Sec. 1255(b) of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1431) added 
the first subpara. (B). The second subpara. (B), which should probably 
have been designated subpara. (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\ Sec. 1255(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1431), added 
para. (3). The original para. (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). 
Para. (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\ Sec. 22(a) of Public Law 96-72 (93 Stat. 535) inserted 
references to various sections of the Export Administration Act of 1979 
in lieu of references to secs. 6 and 7 of the Export Administration Act 
of 1969.
    \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\ Sec. 119(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204) added the last 
sentence.
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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\ Sec. 107 of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1522) added 
subsec. (f). 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\ Sec. 1255 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1429), added subsec. 
(g).
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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),
                  (xi) section 603 (b) or (c) of the 
                Comprehensive Anti-Apartheid Act of 1986 (22 
                U.S.C. 5113 (b) and (c)); or
                  (xii) \230\ section 3, 4, 5, and 6 of the 
                Prevention of Terrorist Access to Destructive 
                Weapons Act of 2004, relating to missile 
                systems designed to destroy aircraft (18 U.S.C. 
                2332g), prohibitions governing atomic weapons 
                (42 U.S.C. 2122), radiological dispersal 
                devices (18 U.S.C. 2332h), and variola virus 
                (18 U.S.C. 175b);
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    \230\ Sec. 6910 of the Prevention of Terrorist Access to 
Destructive Weapons Act of 2004 (subtitle J of title VI of the 
Intelligence Reform and Terrorism Prevention Act of 2004; Public Law 
108-458; 118 Stat. 3774) struck out ``or'' at the end of clause (x), 
added ``or'' at the end of clause (xi), and added new clause (xii).
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          (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) \231\ 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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    \231\ 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) \232\ 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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    \232\ 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) \233\ 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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    \233\ 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) \234\ Requirements Relating to Country Exemptions for 
Licensing of Defense Items for Export to Foreign Countries.--
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    \234\ 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.\235\ 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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    \235\ 22 U.S.C. 2779. Sec. 604(b) of the International Security 
Assistance and Arms Export Control Act of 1976 (Public Law 94-329; 90 
Stat. 767) added sec. 39. 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 \236\ of this Act; or
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    \236\ Sec. 105(e)(2)(A) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135) 
added the reference to design and construction services under sec. 29.
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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 \237\ 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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    \237\ Sec. 105(e)(2)(B) of the International Security and 
Development Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3155) 
added the reference to sec. 29.
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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.\238\ PROHIBITION ON INCENTIVE PAYMENTS.

    (a) No United States supplier of defense articles or 
services sold or licensed \239\ under this Act, nor any 
employee, agent, or subcontractor thereof, shall, with respect 
to the sale or export \240\ 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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    \238\ 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).
    \239\ 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''.
    \240\ 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 \241\ 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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    \241\ 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).\242\
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    \242\ 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.\243\ Transactions With Countries Supporting Acts 
of International Terrorism.
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    \243\ 22 U.S.C. 2780. See also 22 CFR Part 120-130. Sec. 509(a) of 
Public Law 99-399 (100 Stat. 874) added sec. 40. It 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) \244\ 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,\245\ 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.\246\
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    \244\ Sec. 542 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2213), provided the following:
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``prohibition on assistance to foreign governments that export lethal 
military equipment to countries supporting international terrorism
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    ``Sec. 542. (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 of 1979. 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. Governments of countries designated as 
supporters of acts of international terrorism under sec. 6(j) of the 
Export Administration Act of 1979 include: Cuba, Iran, Libya, North 
Korea, Sudan, and Syria.
    On October 7, 2004, the Secretary of State issued Department of 
State Public Notice 4863 (69 F.R. 61702), in which he rescinded ``the 
Determination of September 13, 1990 (Public Notice 1264) that Iraq is a 
country which has repeatedly provided support for acts of international 
terrorism. This action is a further step to cement the partnership of 
the United States and Iraq in combating acts of international 
terrorism, and is an act of symbolic importance to the new Iraqi 
government. This rescission is appropriate although nearly all the 
restrictions applicable to countries that have supported terrorism, 
including the application of 22 U.S.C. 1605(a)(7), were made 
inapplicable with respect to Iraq permanently in Presidential Directive 
[sic] No. 2003-23 of May 7, 2003, pursuant to sec. 1503 of Pub. L. 108-
11, and as affirmed in the Conference Report for Pub. L. 108-106. This 
rescission shall also satisfy the provisions of section 620A(c)(1) of 
the Foreign Assistance Act of 1961, Pub. L. 87-195, as amended, and 
section 40(f)(1)(A) of the Arms Export Control Act, Pub. L. 90-629, as 
amended.''. On September 24, 2004, the President issued a similar 
statement in Presidential Determination No. 2004-52 (69 F.R. 58793).
    \245\ 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,''.
    \246\ 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) \247\ 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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    \247\ 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 para. (1), and sec. 321(4) added a new 
para. (2).
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          (A) \248\ before the proposed rescission would take 
        effect, a report certifying that--
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    \248\ Sec. 321(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 710), 
redesignated paras. (1) and (2), as subparas. (A) and (B), 
respectively.
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                  (i) \249\ there has been a fundamental change 
                in the leadership and policies of the 
                government of the country concerned;
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    \249\ 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 subpara. (B), however, has only two 
subparas., redesignated here as (i) and (ii), from (A) and (B), 
respectively.
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                  (ii) \249\ that government is not supporting 
                acts of international terrorism; and
                  (iii) \249\ that government has provided 
                assurances that it will not support acts of 
                international terrorism in the future; or
          (B) \248\ at least 45 days before the proposed 
        rescission would take effect, a report justifying the 
        rescission and certifying that--
                  (i) \249\ the government concerned has not 
                provided any support for international 
                terrorism during the preceding 6-month period; 
                and
                  (ii) \249\ the government concerned has 
                provided assurances that it will not support 
                acts of international terrorism in the future.
  (2) \247\ (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),\250\ 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 \251\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate, respectively.
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    \250\ 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), paras. (1) and (3) through (7), provided 
the following [para. (1) included here because of repeated references 
to it throughout paras. (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.''.
    \251\ 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) \252\ Waiver.--The President may waive the prohibitions 
contained in this section with respect to a specific 
transaction if--
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    \252\ On September 28, 2005, the President issued two 
determinations relating to the application of this section and sec. 40A 
of this Act and Libya:
    In Presidential Determination No. 2005-39 (70 F.R. 60399; October 
17, 2005), the President ``--determine[d] that the transaction, 
encompassing sales or licensing for export of defense articles or 
defense services necessary to assist in chemical weapon (CW) 
destruction in Libya, is essential to the national security interests 
of the United States and important to the national interests of the 
United States; --waive[d] the prohibitions in sections 40 and 40A of 
the AECA related to such transactions; and --assign[ed] to you the 
functions under AECA section 40(g)(2) to consult with and submit 
reports to the Congress for proposed specific exports or transfers, 15 
days prior to permitting them to proceed, that are necessary for and 
within the scope of this waiver determination and the transaction 
referred to herein.''.
    In Presidential Determination No. 2005-40 (70 F.R. 60401; October 
17, 2005), the President ``--determine[d] that the transaction, 
encompassing sales or licensing for export of defense articles or 
defense services and brokering activities necessary to assist in the 
disposition, including any required refurbishment, of Libyan-owned C-
130H aircraft, is essential to the national security interests of the 
United States and important to the national interests of the United 
States; --waive[d] the prohibitions in sections 40 and 40A of the AECA 
related to such transactions; and --assign[ed] to you the functions 
under AECA section 40(g)(2) to consult with and submit reports to the 
Congress for proposed specific exports or transfers, 15 days prior to 
permitting them to proceed, that are necessary for and within the scope 
of this waiver determination and the transaction referred to herein.''.
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          (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 \251\ 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 \253\ (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,\254\ 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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    \253\ See Legislation on Foreign Relations Through 2005, vol. III, 
sec. J.
    \254\ 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; \255\
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    \255\ 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) \255\ 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) \255\ 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.\256\ Transactions With Countries Not Fully 
Cooperating With United States Antiterrorism Efforts.--
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    \256\ 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 13, 2005, the 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; Syria. I hereby notify that the decision to retain Libya 
on the list of countries not fully cooperating with u.S. antiterrorism 
efforts comes in the context of an on-going and comprehensive review of 
Libya's record of support for terrorism. Although this process is not 
complete, Libya has taken significant steps to repudiate its past 
support for terrorism. When our review of Libya's overall record is 
complete, we will be pleased to consult with the Congress further.'' 
(Department of State Public Notice No. 5085; 70 F.R. 28979; May 19, 
2005). The first list promulgated under this section, in 1997, also 
included Afghanistan, Iraq, and Sudan. Afghanistan was removed from the 
list in 2002. Iraq was removed from the list in 2003. Sudan was removed 
from the list in 2004.
    On September 28, 2005, the President issued two determinations 
relating to the application of this section and sec. 40(g) of this Act 
and Libya.
    In Presidential Determination No. 2005-39 (70 F.R. 60399; October 
17, 2005), the President ``--determine[d] that the transaction, 
encompassing sales or licensing for export of defense articles or 
defense services necessary to assist in chemical weapon (CW) 
destruction in Libya, is essential to the national security interests 
of the United States and important to the national interests of the 
United States; --waive[d] the prohibitions in sections 40 and 40A of 
the AECA related to such transactions; and --assign[ed] to you the 
functions under AECA section 40(g)(2) to consult with and submit 
reports to the Congress for proposed specific exports or transfers, 15 
days prior to permitting them to proceed, that are necessary for and 
within the scope of this waiver determination and the transaction 
referred to herein.''.
    In Presidential Determination No. 2005-40 (70 F.R. 60401; October 
17, 2005), the President ``--determine[d] that the transaction, 
encompassing sales or licensing for export of defense articles or 
defense services and brokering activities necessary to assist in the 
disposition, including any required refurbishment, of Libyan-owned C-
130H aircraft, is essential to the national security interests of the 
United States and important to the national interests of the United 
States; --waive[d] the prohibitions in sections 40 and 40A of the AECA 
related to such transactions; and --assign[ed] to you the functions 
under AECA section 40(g)(2) to consult with and submit reports to the 
Congress for proposed specific exports or transfers, 15 days prior to 
permitting them to proceed, that are necessary for and within the scope 
of this waiver determination and the transaction referred to herein.''.
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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 
                                 \257\

SEC. 40A.\258\ 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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    \257\ Sec. 150(a) of Public Law 104-164 (110 Stat. 1436) added 
chapter 3A.
    \258\ 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.\259\
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    \259\ 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.\260\ General Provisions.--(a) \261\ 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 \262\ 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,\263\ (B) the portion of the defense articles so 
manufactured which is of United States origin, and (C) \261\ 
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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    \260\ 22 U.S.C. 2791. See also notes at section 38, regarding 
Presidential Determinations.
    \261\ 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.''.
    \262\ Sec. 401(f)(1) of the FA Act of 1971 (Public Law 92-226) 
struck out ``but consideration shall also be given'' and inserted in 
lieu thereof ``but, subject to the provisions of subsection (b) of this 
section, consideration shall also be given''.
    \263\ Sec. 401(e) of the FA Act of 1971 (Public Law 92-226) struck 
out the word ``and''.
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    (b) \264\ 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,\265\ 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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    \264\ Sec. 401(f)(2) of the FA Act of 1971 (Public Law 92-226) 
added subsec. (b) and redesignated former subsecs. (b) and (c) as 
subsecs. (c) and (d), respectively.
    \265\ Although the slip law contains a comma between ``licensed, 
production'' in the first sentence, it should probably read ``licensed 
production''.
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    (c) \264\ 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) \263\ (1) With respect to sales and guaranties under 
sections 21, 22, 23, 24, 29, and 30 \266\ the Secretary of 
Defense shall, under the direction of the President, have 
primary responsibility for--
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    \266\ Sec. 105(e)(3) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135) added the 
reference to sec. 29. Sec. 2 of Public Law 97-392 (96 Stat. 1962) added 
the reference to sec. 30.
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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) \267\ (1) Each contract for sale entered into under 
sections 21, 22, 29, and 30 \266\ of this Act, and each 
contract entered into under section 27(d) of this Act,\268\ 
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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    \267\ Sec. 213 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 745) added 
subsec. (e).
    \268\ Sec. 115(b)(3) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 210) added the 
reference to sec. 27(d).
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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 \266\ of this Act, or under 
contracts entered into under sec. 27(d) of this Act,\268\ 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) \269\ 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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    \269\ Sec. 605(b) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 768) added 
subsec. (f).
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    Sec. 43.\270\ 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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    \270\ 22 U.S.C. 2792.
---------------------------------------------------------------------------
    (b) \271\ 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 \272\ 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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    \271\ 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).
    \272\ Sec. 120(1) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 204) added the 
reference to reception and representation expenses.
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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) \273\ 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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    \273\ Sec. 9104(b)(1) of the Department of Defense Appropriations 
Act, 1990 (Public Law 101-165; 103 Stat. 1152) added para. (3).
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    (c) \274\ 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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    \274\ 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.\275\ 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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    \275\ 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.\276\ 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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    \276\ 22 U.S.C. 2341 note.
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    Sec. 47.\277\ Definitions.--For purposes of this Act, the 
term--
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    \277\ 22 U.S.C. 2794 note. Added by sec. 25(12) of the FA Act of 
1973 (Public Law 93-189).
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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),\278\ not 
less than the greater of--
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    \278\ Sec. 102(b) of the International Security and Development 
Cooperation Act of 1985 (Public Law 99-83; 99 Stat 197) added the 
reference to sec. 21(a).
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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) \279\ ``defense article'', except as provided in 
paragraph (7) of this section, includes--
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    \279\ Sec. 215 of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 746) added 
paras. (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),\280\ byproduct 
material, special nuclear material, production facilities, 
utilization facilities, or atomic weapons or articles involving 
Restricted Data;
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    \280\ Sec. 22 of the International Security Assistance Act of 1979 
(Public Law 96-92; 93 Stat. 710) inserted the parenthetical phrase. 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) \279\ ``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; \281\
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    \281\ Sec. 105(f) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135) inserted 
``but does not include design and construction services under section 
29 of this Act''.
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    (5) \279\ ``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) \279\ ``major defense equipment'' means any item of 
significant military \282\ 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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    \282\ 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) \279\ ``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; \283\
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    \283\ 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) \284\ ``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; \283\
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    \284\ Sec. 105(f) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3135) added para. 
(8).
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    (9) \283\ ``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) \285\ ``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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    \285\ 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) \286\ ``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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    \286\ 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 \287\

    Sec. 51.\288\ 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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    \287\ Sec. 108(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1522) added 
chapter 5.
    \288\ 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) \289\ 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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    \289\ 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).
    10 U.S.C. 114(c) limits the size of the Special Defense Acquisition 
Fund to $1,070,000,000.
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    (4) \290\ 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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    \290\ Sec. 4 of the International Narcotics Control Act of 1989 
(Public Law 101-231; 103 Stat. 1957) added para. (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) \289\ 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.\291\ 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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    \291\ 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.\292\
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    \292\ 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:
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``special defense acquisition fund
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    ``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.\293\ 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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    \293\ 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.\294\ * * * [Repealed--1996]
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    \294\ 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 \295\

    Sec. 61.\296\ 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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    \295\ Sec. 109(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1524) added 
chapter 6. Sec. 1003(b) of Public Law 100-456 revised the title of 
chapter 6. It formerly read ``Leases of Defense Articles''.
    \296\ 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; \297\
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    \297\ 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) \297\ 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) \297\ 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--\298\
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    \298\ 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) \297\ shall not apply to 
leases entered into for purposes of cooperative research or 
development, military exercises, or communications or 
electronics interface projects.\299\ 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.\300\
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    \299\ 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).
    \300\ 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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    \301\ The President may waive the requirement of paragraph 
(4) \297\ 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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    \301\ 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 \302\ 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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    \302\ 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 \303\ and only with respect to one country, unless 
        the Congress hereafter provides otherwise.
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    \303\ 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 the amendment is 
executed, 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 \304\ 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,\305\ 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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    \304\ 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''.
    \305\ 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) \306\ 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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    \306\ 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.\307\ Reports to the Congress.--(a) Before \308\ 
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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    \307\ 22 U.S.C. 2796a.
    \308\ 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,\309\ 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.\310\
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    \309\ 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''.
    \310\ 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) \311\ The certification required by subsection (a) 
shall be transmitted)--
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    \311\ 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.\312\ Legislative Review.--(a) \313\ (1) Subject to 
paragraph (2), in the case of \314\ 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,\315\ enacts a 
joint \316\ resolution prohibiting the proposed lease or loan.
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    \312\ 22 U.S.C. 2796b.
    \313\ 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.''.
    \314\ 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''.
    \315\ 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].''.
    \316\ Sec. (d) of Public Law 99-247 (100 Stat. 9) struck out 
``concurrent'' and inserted ``joint''.
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    (2) \317\ 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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    \317\ 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 \316\ 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 \316\ 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.\318\ 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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    \318\ 22 U.S.C. 2796c.
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    Sec. 65.\319\ Loan of Materials, Supplies, and Equipment 
for Research and Development Purposes.--(a)(1) Except as 
provided in subsection (c), the Secretary of Defense may loan 
to a country that is a NATO or major non-NATO ally materials, 
supplies, or equipment for the purpose of carrying out a 
program of cooperative research, development, testing, or 
evaluation. The Secretary may accept as a loan or a gift from a 
country that is a NATO or major non-NATO ally materials, 
supplies, or equipment for such purpose.
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    \319\ 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 \320\ 
ally'' means a member country of the North Atlantic Treaty 
Organization (other than the United States).\321\
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    \320\ Sec. 147(a)(3)(B)(i) of Public Law 104-164 (110 Stat. 1435) 
struck out ``or major non-NATO'' after ``NATO''.
    \321\ 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 
                                 \322\

    Sec. 71.\323\ Licensing.--
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    \322\ Sec. 1703 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1745) added chapter 7, 
secs. 71 through 74.
    \323\ 22 U.S.C. 2797. See also sec. 1212 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public Law 
108-375; 118 Stat. 2087), stating U.S. policy and the sense of Congress 
on the nonproliferation of ballistic missiles.
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    (a) Establishment of List of Controlled Items.--The 
Secretary of State, in consultation with the Secretary of 
Defense \324\ 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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    \324\ 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.\325\
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    \325\ 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 \326\ the license application and 
accompanying documents issued to the applicant, to the extent 
that the relevant Secretary \327\ indicates the need to receive 
such application and documents.
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    \326\ 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.
    \327\ 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,\328\ 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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    \328\ 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) \329\ Exports to Space Launch Vehicle Programs.--Within 
15 days \330\ 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 \331\ 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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    \329\ Sec. 735(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 506), added 
subsec. (d).
    \330\ 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,''.
    \331\ 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.\332\, \333\ Denial of the Transfer of 
Missile Equipment or Technology by United States Persons.
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    \332\ 22 U.S.C. 2797a.
    \333\ 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.''.
---------------------------------------------------------------------------

    This Executive order superceded a memorandum of the President of 
June 25, 1991, delegating authority regarding missile technology 
proliferation (56 F.R. 31041; July 8, 1991).
---------------------------------------------------------------------------
  (a) Sanctions.--(1) If the President determines that a United 
States person knowingly--
          (A) exports, transfers, or otherwise engages in the 
        trade of any item on the MTCR Annex, in violation of 
        the provisions of section 38 of this Act, section 5 or 
        6 of the Export Administration Act of 1979 (50 U.S.C. 
        App. 2404, 2405), or any regulations or orders issued 
        under any such provisions,
          (B) conspires to or attempts to engage in such 
        export, transfer, or trade, or
          (C) facilitates such export, transfer, or trade by 
        any other person,
then the President shall impose the applicable sanctions 
described in paragraph (2).
  (2) The sanctions which apply to a United States person under 
paragraph (1) are the following:
          (A) If the item on the MTCR Annex involved in the 
        export, transfer, or trade is missile equipment or 
        technology within category II of the MTCR Annex, then 
        the President shall deny to such United States person 
        for a period of 2 years--
                  (i) United States Government contracts 
                relating to missile equipment or technology; 
                and
                  (ii) licenses for the transfer of missile 
                equipment or technology controlled under this 
                Act.
          (B) If the item on the MTCR Annex involved in the 
        export, transfer, or trade is missile equipment or 
        technology within category I of the MTCR, then the 
        President shall deny to such United States person for a 
        period of not less than 2 years--
                  (i) all United States Government contracts, 
                and
                  (ii) all export licenses and agreements for 
                items on the United States Munitions List.
  (b) Discretionary Sanctions.--In the case of any 
determination made pursuant to subsection (a), the President 
may pursue any penalty provided in section 38(c) of this Act.
    (c) \334\ 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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    \334\ Sec. 734(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505), 
redesignated subsec. (c) as subsec. (d), and added a new subsec. (c).
---------------------------------------------------------------------------
  (d) \334\ 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.\333\, \335\ Transfers of Missile 
Equipment or Technology by Foreign Persons.
---------------------------------------------------------------------------
    \335\ 22 U.S.C. 2797b.
---------------------------------------------------------------------------
  (a) Sanctions.--(1) \336\ 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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    \336\ On July 22, 2004, the State Department determined that the 
Federal Research and Production Complex Altay (Russia) was in violation 
of this section (Department of State Public Notice 4771; 69 F.R. 
43875). Subsequently, on November 1, 2004, the State Department 
determined that these sanctions against the Russian entity no longer 
apply (Department of State Public Notice 4902; 69 F.R. 67617), but 
imposed sanctions under Executive Order 12938, relating to the 
proliferation of weapons of mass destruction (see vol. II), against the 
same entity (Department of State Public Notice 4901; November 18, 2004; 
69 F.R. 67617). That Public Notice also added the Russian entity to the 
ITAR list at 22 CFR 126.7.
    On July 16, 2004, the State Department determined that the terms of 
sec. 73 had been violated, but concluded ``that publication of the 
determination would be harmful to the national security of the United 
States.'' (Department of State Public Notice 4772 of July 16, 2004; 69 
F.R. 43875). A similar determination was issued on September 13, 2004 
(Public Notice 4834; 69 F.R. 56260).
    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 29, 2003, the State Department determined ``that it was 
essential to the national security of the United States to waive for a 
period of one year the import sanctions described in section 
73(a)(2)(C) of the Arms Export Control Act * * * against the activities 
of the Chinese Government * * * i.e., activities of the Chinese 
government relating to the development or production of any missile 
equipment or technology and activities of the Chinese government 
affecting the development or production of electronics, space systems 
or equipment, and military aircraft'' (Department of State Public 
Notice 4493; 68 F.R. 54930). The entity cited in that Public Notice was 
China North Industries Corporation. On September 13, 2004, the State 
Department extended the waiver for six months, once again finding it 
``essential to the national security of the United States'' to do so 
(Department of State Public Notice 4835; 69 F.R. 56261). The State 
Department extended the waiver another six months on March 18, 2005 
(Department of State Public Notice 5032; 70 F.R. 14491), and another 
six months on September 21, 2005 (Department of State Public Notice 
5194; 70 F.R. 56205).
    On August 20, 2002, the State Department determined that the terms 
of sec. 73 had been violated, but 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 sec. 620H of the Foreign Assistance Act of 1961, this 
volume; the Iran and Syria Nonproliferation Act, as amended, the Iran-
Iraq Arms Nonproliferation Act of 1992, and Executive Order 12938, 
relating to the proliferation of weapons of mass destruction, in 
Legislation on Foreign Relations Through 2005, vol. II. See also the 
Export Administration Act of 1979, in Legislation on Foreign Relations 
Through 2005, vol. III.
---------------------------------------------------------------------------
          (A) exports, transfers, or otherwise engages in the 
        trade of any MTCR equipment or technology that 
        contributes to the acquisition,\337\ 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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    \337\ Sec. 323(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 711), 
inserted ``acquisition,''.
---------------------------------------------------------------------------
          (B) conspires to or attempts to engage in such 
        export, transfer, or trade, or
          (C) facilitates such export, transfer, or trade by 
        any other person,
or if the President has made a determination with respect to a 
foreign person under section 11B(b)(1) of the Export 
Administration Act of 1979, then the President shall impose on 
that foreign person the applicable sanctions under paragraph 
(2).
  (2) The sanctions which apply to a foreign person under 
paragraph (1) are the following:
          (A) \336\ 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) \338\ Inapplicability With Respect to MTCR Adherents.--
---------------------------------------------------------------------------
    \338\ 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)): redesignated paras. (1) and (2) as subparas. (A) and (B), 
respectively; 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 added para. (2).
---------------------------------------------------------------------------
          (1) In General.--Except as provided in paragraph (2), 
        subsection (a) does not apply with respect to--
                  (A) any export, transfer, or trading activity 
                that is authorized by the laws of an MTCR 
                adherent, if such authorization is not obtained 
                by misrepresentation or fraud; or
                  (B) any export, transfer, or trade of an item 
                to an end user in a country that is an MTCR 
                adherent.
          (2) \338\ 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.\339\
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    \339\ 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,\340\ 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.
---------------------------------------------------------------------------
    \340\ 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 \341\ not less than 45 working days 
\341\ 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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    \341\ 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 
U.S.C.
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    (f) \342\ 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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    \342\ 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) \342\ 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) \342\ 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.\343\ NOTIFICATION OF ADMITTANCE OF MTCR ADHERENTS.

    (a) \344\ 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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    \343\ 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).
    \344\ 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) \344\ 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.\345\ 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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    \345\ 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.\346\ Definitions.
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    \346\ 22 U.S.C. 2797c.
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  (a) \347\ In General.--For purposes of this chapter--
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    \347\ 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),\348\ the term ``person'' means--
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    \348\ 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; \349\ and
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    \349\ 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) \349\ 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 \350\

SEC. 81.\351\, \352\ SANCTIONS AGAINST CERTAIN 
                    FOREIGN PERSONS.

  (a) Imposition of Sanctions.--
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    \350\ 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.
    \351\ 22 U.S.C. 2798.
    \352\ 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,\353\ has knowingly and materially 
        contributed--
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    \353\ 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 \354\

SEC. 91.\355\ PURPOSE.
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    \354\ 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 through 95.
    \355\ 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.\356\ CFE TREATY OBLIGATIONS.
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    \356\ 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.\357\ AUTHORITIES.
---------------------------------------------------------------------------

    \357\ 22 U.S.C. 2799b.
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    (a) \358\ General Authority.--The President may transfer to 
any NATO/CFE country, in accordance with NATO plans, defense 
articles--
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    \358\ 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) \358\ 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.\358\, \359\ NOTIFICATIONS AND REPORTS TO CONGRESS.
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    \359\ 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 
\360\ 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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    \360\ 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 
\360\ and the Committee on Armed Services \361\ 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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    \361\ 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 \362\ in implementing the CFE 
                Treaty.
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    \362\ 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.\363\ DEFINITIONS.
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    \363\ 22 U.S.C. 2799d.
---------------------------------------------------------------------------
    As used in this chapter--
          (1) the term ``CFE Treaty'' means the Treaty on 
        Conventional Armed Forces in Europe (signed at Paris, 
        November 19, 1990);
          (2) the term ``conventional armaments and equipment 
        limited by the CFE Treaty'' has the same meaning as the 
        term ``conventional armaments and equipment limited by 
        the Treaty'' does under paragraph 1(J) of article II of 
        the CFE Treaty;
          (3) the term ``NATO'' means the North Atlantic Treaty 
        Organization;
          (4) the term ``NATO/CFE country'' means a member 
        country of NATO that is a party to the CFE Treaty and 
        is listed in paragraph 1(A) of article II of the CFE 
        Treaty within the group of States Parties that signed 
        or acceded to the Treaty of Brussels of 1948 or the 
        Treaty of Washington of 1949 (the North Atlantic 
        Treaty); and
          (5) the term ``country of the Eastern Group of States 
        Parties'' \364\ 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.\365\
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    \364\ 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''.
    \365\ 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 \366\

SEC. 101.\367\,\368\ 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--
---------------------------------------------------------------------------
    \366\ 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.
    \367\ 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.
    \368\ On September 10, 2004, the President determined:
---------------------------------------------------------------------------

  ``* * * that Libya received nuclear enrichment equipment, material, or 
technology after August 4, 1977. I hereby determine and certify that the 
continued termination of assistance, as required by this section, would 
have a serious adverse effect on vital United States interests and that I 
have received reliable assurances that Libya will not acquire or develop 
nuclear weapons or assist other nations in doing so.

  ``Pursuant to section 102(b) of the Arms Export Control Act, I hereby 
determine that Libya, a non-nuclear weapon state, sought and received 
design information that I determine to be important to, and intended by 
Libya for use in, the development or manufacture of a nuclear explosive 
device. I hereby determine and certify that the application of sanctions, 
as required by this section, would have a serious adverse effect on vital 
United States interests.

  ``Pursuant to section 2(b)(4) of the Export-Import Bank Act of 1945, as 
amended, I hereby determine and certify that it is in the national interest 
for the Export-Import Bank to guarantee, insure, or extend credit, or 
participate in the extension of credit in support of United States exports 
to Libya.''. (Presidential Determination No. 2004-44; September 10, 2004; 
69 F.R. 56153).

          (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.\366\, \369\ 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--
---------------------------------------------------------------------------
    \369\ 22 U.S.C. 2799aa-1. Popularly referred to as the Glenn 
amendment. Similar language was originally enacted as sec. 670 of the 
Foreign Assistance Act of 1961, and codified at 22 U.S.C. 2429a, by 
sec. 12 of Public Law 95-92 (91 Stat. 620); amended and restated by 
sec. 737(c) of the International Security and Development Cooperation 
Act of 1981 (Public Law 97-113; 95 Stat. 1562); and further amended by 
sec. 1204 of the International Security and Development Cooperation Act 
of 1985 (Public Law 99-83; 99 Stat. 277). Sec. 670 (and sec. 669) were 
repealed by sec. 826(b) of the Nuclear Proliferation Prevention Act of 
1994 (title VIII of the Foreign Relations Authorization Act; Public Law 
103-236; 108 Stat. 519), after section 826(a) of that Act enacted two 
new sections into the Arms Export Control Act (secs. 101 and 102; at 22 
U.S.C. 2799aa and 2799aa-1) to state nuclear nonproliferation controls.
---------------------------------------------------------------------------
          (A) delivers nuclear reprocessing equipment, 
        materials, or technology to any other country on or 
        after August 4, 1977, or receives such equipment, 
        materials, or technology from any other country on or 
        after August 4, 1977 (except for the transfer of 
        reprocessing technology associated with the 
        investigation, under international evaluation programs 
        in which the United States participates, of 
        technologies which are alternatives to pure plutonium 
        reprocessing), or
          (B) is a non-nuclear-weapon state which, on or after 
        August 8, 1985, exports illegally (or attempts to 
        export illegally) from the United States any material, 
        equipment, or technology which would contribute 
        significantly to the ability of such country to 
        manufacture a nuclear explosive device, if the 
        President determines that the material, equipment, or 
        technology was to be used by such country in the 
        manufacture of a nuclear explosive device.
For purposes of clause (B), an export (or attempted export) by 
a person who is an agent of, or is otherwise acting on behalf 
of or in the interests of, a country shall be considered to be 
an export (or attempted export) by that country.
    (2) \370\ 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.
---------------------------------------------------------------------------
    \370\ The President delegated the functions authorized in sec. 
101(a)(2) to the Secretary of State in sec. 1(a)(iii) of Executive 
Order 13346 of July 8, 2004 (69 F.R. 41905).
---------------------------------------------------------------------------
    (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) \371\ 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--
---------------------------------------------------------------------------
    \371\ On September 10, 2004, the President determined:
---------------------------------------------------------------------------

  ``* * * that Libya received nuclear enrichment equipment, material, or 
technology after August 4, 1977. I hereby determine and certify that the 
continued termination of assistance, as required by this section, would 
have a serious adverse effect on vital United States interests and that I 
have received reliable assurances that Libya will not acquire or develop 
nuclear weapons or assist other nations in doing so.

  ``Pursuant to section 102(b) of the Arms Export Control Act, I hereby 
determine that Libya, a non-nuclear weapon state, sought and received 
design information that I determine to be important to, and intended by 
Libya for use in, the development or manufacture of a nuclear explosive 
device. I hereby determine and certify that the application of sanctions, 
as required by this section, would have a serious adverse effect on vital 
United States interests.

  ``Pursuant to section 2(b)(4) of the Export-Import Bank Act of 1945, as 
amended, I hereby determine and certify that it is in the national interest 
for the Export-Import Bank to guarantee, insure, or extend credit, or 
participate in the extension of credit in support of United States exports 
to Libya.''. (Presidential Determination No. 2004-44; September 10, 2004; 
69 F.R. 56153).
---------------------------------------------------------------------------

    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:
---------------------------------------------------------------------------

``title ix

``waiver of certain sanctions against india and pakistan
---------------------------------------------------------------------------

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

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

  ``(A) it is the sense of the Congress that the broad application of 
export controls to nearly 300 Indian and Pakistani entities is inconsistent 
with the specific national security interests of the United States and that 
this control list requires refinement; and

  ``(B) export controls should be applied only to those Indian and 
Pakistani entities that make direct and material contributions to weapons 
of mass destruction and missile programs and only to those items that can 
contribute to such programs.

  ``(2) Reporting requirement.--Not later than 60 days after the date of 
the enactment of this Act, the President shall submit both a classified and 
unclassified report to the appropriate congressional committees listing 
those Indian and Pakistani entities whose activities contribute to missile 
programs or weapons of mass destruction programs.
---------------------------------------------------------------------------

    ``(e) Congressional Notification.--The issuance of a license for 
export of a defense article, defense service, or technology under the 
authority of this section shall be subject to the same requirements as 
are applicable to the export of items described in section 36(c) of the 
Arms Export Control Act (22 U.S.C. 2776(c)), including the transmittal 
of information and the application of congressional review procedures. 
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. On March 14, 2003, the President 
determined that a waiver of the coup-related sanctions imposed against 
Pakistan ``would facilitate the transition to democratic rule in 
Pakistan; and is important to United States efforts to respond to, 
deter, or prevent acts of international terrorism'' and thus waived the 
sanctions for FY 2003 (Presidential Determination No. 2003-16; 68 F.R. 
13803). The President waived the sanctions for fiscal year 2004 in 
Presidential Determination No. 2004-26 of March 24, 2004 (69 F.R. 
21675), and for fiscal year 2005 in Presidential Determination No. 
2005-21 of February 15, 2005 (70 F.R. 10313). Sec. 7103(c) of Public 
Law 108-458 sought to amend Public Law 107-57 to extend its 
applicability through fiscal year 2006; that amendment, however, was 
not executable because of an earlier executed amendment in Public Law 
108-447, which removed text that Public Law 108-458 cited. For Public 
Law 107-57, as amended, see Legislation on Foreign Relations Through 
2005, vol. I-B.
    Sec. 534 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2210), 
however, provided the following, relating to Public Law 107-57 and 
other economic restrictions imposed on Pakistan:
---------------------------------------------------------------------------

``special authorities
---------------------------------------------------------------------------

    ``Sec. 534. * * *
    ``(j) Extension of Authority.--
---------------------------------------------------------------------------

  ``(1) With respect to funds appropriated by this Act that are available 
for assistance for Pakistan, the President may waive the prohibition on 
assistance contained in section 508 of this Act subject to the requirements 
contained in section 1(b) of Public Law 107-57, as amended, for a 
determination and certification, and consultation, by the President prior 
to the exercise of such waiver authority.

  ``(2) Section 512 of this Act and section 620(q) of the Foreign 
Assistance Act of 1961 shall not apply with respect to assistance for 
Pakistan from funds appropriated by this Act.

  ``(3) Notwithstanding the date contained in section 6 of Public Law 107-
57, as amended, the provisions of sections 2 and 4 of that Act shall remain 
in effect through the current fiscal year.''.
---------------------------------------------------------------------------

    See also the Agriculture Export Relief Act of 1998 (Public Law 105-
194; 112 Stat. 627).
---------------------------------------------------------------------------
          (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),\372\
---------------------------------------------------------------------------
    \372\ Sec. 2(a) of the Agriculture Export Relief Act of 1998 
(Public Law 105-194; 112 Stat. 627) struck out ``or'' at the end of 
clause (i); struck out a period at the end of clause (ii) and inserted 
in lieu thereof ``, or''; and added clause (iii). Subsecs. (d) and (e) 
of that section further provided:
    ``(d) Application of Amendments.--The amendment made by subsection 
(a)(3) shall apply to any credit, credit guarantee, or other financial 
assistance provided by the Department of Agriculture before, on, or 
after the date of enactment of this Act through September 30, 1999.
    ``(e) Effect on Existing Sanctions.--Any sanction imposed under 
section 102(b)(1) of the Arms Export Control Act before the date of the 
enactment of this Act shall cease to apply upon that date with respect 
to the items described in the amendments made by subsections (b) and 
(c). In the case of the amendment made by subsection (a)(3), any 
sanction imposed under section 102(b)(1) of the Arms Export Control Act 
before the date of the enactment of this Act shall not be in effect 
during the period beginning on that date and ending on September 30, 
1999, with respect to the activities and items described in the 
amendment.''.
---------------------------------------------------------------------------
                  (ii) to medicines, medical equipment, and 
                \373\ humanitarian assistance, or \372\
---------------------------------------------------------------------------
    \373\ Sec. 2(c) of the Agriculture Export Relief Act of 1998 
(Public Law 105-194; 112 Stat. 627) inserted ``medicines, medical 
equipment, and'' after ``to''. Subsec. (e) of that section further 
provided:
    ``(e) Effect on Existing Sanctions.--Any sanction imposed under 
section 102(b)(1) of the Arms Export Control Act before the date of the 
enactment of this Act shall cease to apply upon that date with respect 
to the items described in the amendments made by subsections (b) and 
(c). In the case of the amendment made by subsection (a)(3), any 
sanction imposed under section 102(b)(1) of the Arms Export Control Act 
before the date of the enactment of this Act shall not be in effect 
during the period beginning on that date and ending on September 30, 
1999, with respect to the activities and items described in the 
amendment.''.
---------------------------------------------------------------------------
                  (iii) \372\ 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.\374\
---------------------------------------------------------------------------
    \374\ Sec. 2(b) of the Agriculture Export Relief Act of 1998 
(Public Law 105-194; 112 Stat. 627) struck out the period at the end of 
subpara. (F) and inserted in lieu thereof ``, which includes 
fertilizer.''. Subsec. (e) of that section also provided the following:
    ``(e) Effect on Existing Sanctions.--Any sanction imposed under 
section 102(b)(1) of the Arms Export Control Act before the date of the 
enactment of this Act shall cease to apply upon that date with respect 
to the items described in the amendments made by subsections (b) and 
(c). In the case of the amendment made by subsection (a)(3), any 
sanction imposed under section 102(b)(1) of the Arms Export Control Act 
before the date of the enactment of this Act shall not be in effect 
during the period beginning on that date and ending on September 30, 
1999, with respect to the activities and items described in the 
amendment.''.
---------------------------------------------------------------------------
          (G) The authorities of section 6 of the Export 
        Administration Act of 1979 shall be used to prohibit 
        exports to that country of specific goods and 
        technology (excluding food and other agricultural 
        commodities), except that such prohibition shall not 
        apply to any transaction subject to the reporting 
        requirements of title V of the National Security Act of 
        1947 (relating to congressional oversight of 
        intelligence activities).
    (3) As used in this subsection--
          (A) the term ``design information'' means specific 
        information that relates to the design of a nuclear 
        explosive device and that is not available to the 
        public; and
          (B) the term ``component'' means a specific component 
        of a nuclear explosive device.
    (4)(A) Notwithstanding paragraph (1) of this subsection, 
the President may, for a period of not more than 30 days of 
continuous session, delay the imposition of sanctions which 
would otherwise be required under paragraph (1)(A) or (1)(B) of 
this subsection if the President first transmits to the Speaker 
of the House of Representatives, and to the chairman of the 
Committee on Foreign Relations of the Senate, a certification 
that he has determined that an immediate imposition of 
sanctions on that country would be detrimental to the national 
security of the United States. Not more than one such 
certification may be transmitted for a country with respect to 
the same detonation, transfer, or receipt of a nuclear 
explosive device.
    (B) If the President transmits a certification to the 
Congress under subparagraph (A), a joint resolution which would 
permit the President to exercise the waiver authority of 
paragraph (5) of this subsection shall, if introduced in either 
House within thirty days of continuous session after the 
Congress receives this certification, be considered in the 
Senate in accordance with subparagraph (C) of this paragraph.
    (C) Any joint resolution under this paragraph shall be 
considered in the Senate in accordance with the provisions of 
section 601(b) of the International Security Assistance and 
Arms Export Control Act of 1976.
    (D) For purposes of this paragraph, the term ``joint 
resolution'' means a joint resolution the matter after the 
resolving clause of which is as follows: ``That the Congress 
having received on __ a certification by the President under 
section 102(b)(4) of the Arms Export Control Act with respect 
to __, the Congress hereby authorizes the President to exercise 
the waiver authority contained in section 102(b)(5) of that 
Act.'', with the date of receipt of the certification inserted 
in the first blank and the name of the country inserted in the 
second blank.
    (5) Notwithstanding paragraph (1) of this subsection, if 
the Congress enacts a joint resolution under paragraph (4) of 
this subsection, the President may waive any sanction which 
would otherwise be required under paragraph (1)(A) or (1)(B) if 
he determines and certifies in writing to the Speaker of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate that the imposition of such sanction would be 
seriously prejudicial to the achievement of United States 
nonproliferation objectives or otherwise jeopardize the common 
defense and security. The President shall transmit with such 
certification a statement setting forth the specific reasons 
therefor.
    (6)(A) In the event the President is required to impose 
sanctions against a country under paragraph (1)(C) or (1)(D), 
the President shall forthwith so inform such country and shall 
impose the required sanctions beginning 30 days after 
submitting to the Congress the report required by paragraph (1) 
unless, and to the extent that, there is enacted during the 30-
day period a law prohibiting the imposition of such sanctions.
    (B) Notwithstanding any other provision of law, the 
sanctions which are required to be imposed against a country 
under paragraph (1)(C) or (1)(D) shall not apply if the 
President determines and certifies in writing to the Committee 
on Foreign Relations and the Committee on Governmental Affairs 
of the Senate and the Committee on Foreign Affairs \375\ 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.
---------------------------------------------------------------------------
    \375\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (7) For purposes of this subsection, continuity of session 
is broken only by an adjournment of Congress sine die and the 
days on which either House is not in session because of an 
adjournment of more than three days to a day certain are 
excluded in the computation of any period of time in which 
Congress is in continuous session.
    (8) The President may not delegate or transfer his power, 
authority, or discretion to make or modify determinations under 
this subsection.
    (c) Non-Nuclear-Weapon State Defined.--As used in this 
section, the term ``non-nuclear-weapon state'' means any 
country which is not a nuclear-weapon state, as defined in 
Article IX(3) of the Treaty on the Non-Proliferation of Nuclear 
Weapons.

SEC. 103.\366\, \376\ 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.
---------------------------------------------------------------------------
    \376\ 22 U.S.C. 2799aa-2.
  c. Transfer of Items in the War Reserves Stockpile for Allies, Korea

  Public Law 109-159 [S. 1988], 119 Stat. 2955, approved December 30, 
                                  2005

AN ACT To authorize the transfer of items in the War Reserves Stockpile 
                           for Allies, Korea.

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

SECTION. 1. WAR RESERVES STOCKPILE FOR ALLIES, KOREA.

    (a) Authority to Transfer Items in Stockpile.--
          (1) In general.--Notwithstanding section 514 of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the 
        President is authorized to transfer to the Republic of 
        Korea, on such conditions as the President may 
        determine, any or all of the items described in 
        paragraph (2).
          (2) Covered items.--The items referred to in 
        paragraph (1) are munitions, equipment, and materiel 
        such as tanks, trucks, artillery, mortars, general 
        purpose bombs, repair parts, barrier material, and 
        ancillary equipment if such items are--
                  (A) obsolete or surplus items;
                  (B) in the inventory of the Department of 
                Defense;
                  (C) intended for use as reserve stocks for 
                the Republic of Korea; and
                  (D) as of the date of the enactment of this 
                Act, located in a stockpile in the Republic of 
                Korea or Japan.
          (3) Valuation of concessions.--The value of 
        concessions negotiated pursuant to paragraph (1) shall 
        be at least equal to the fair market value of the items 
        transferred, less any savings (which may not exceed the 
        fair market value of the items transferred) accruing to 
        the Department of Defense from an avoidance of the cost 
        of removal of such items from the Republic of Korea or 
        of the disposal of such items. The concessions may 
        include cash compensation, services, waiver of charges 
        otherwise payable by the United States (such as charges 
        for demolition of United States-owned or United States-
        intended munitions), and other items of value.
          (4) Termination.--No transfer may be made under the 
        authority of this subsection after the date that is 
        three years after the date of the enactment of this 
        Act.
    (b) Certification Regarding Materiel in Stockpile.--Not 
later than 60 days after the date of the enactment of this Act, 
the Secretary of Defense shall certify to the appropriate 
committees of Congress whether or not the ammunition, 
equipment, and materiel in the War Reserves Stockpile for 
Allies, Korea that are available for transfer to the Republic 
of Korea is of any utility to the United States for any of the 
following:
          (1) Counterterrorism operations.
          (2) Contingency operations.
          (3) Training.
          (4) Stockpile, pre-positioning, or war reserve 
        requirements.
    (c) Termination of Stockpile.--
          (1) In general.--At the conclusion of the transfer to 
        the Republic of Korea under subsection (a) of items in 
        the War Reserves Stockpile for Allies, Korea pursuant 
        to that subsection, the War Reserves Stockpile for 
        Allies, Korea program shall be terminated.
          (2) Disposition of remaining items.--Any items 
        remaining in the War Reserves Stockpile for Allies, 
        Korea as of the termination of the War Reserves 
        Stockpile for Allies, Korea program under paragraph (1) 
        shall be removed, disposed of, or both by the 
        Department of Defense.
    (d) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' 
means--
          (1) the Committees on Armed Services, Appropriations, 
        and Foreign Relations of the Senate; and
          (2) the Committees on Armed Services, Appropriations, 
        and International Relations of the House of 
        Representatives.
                 d. Naval Vessels Transfer Act of 2005

  Public Law 109-134 [S. 1886], 119 Stat. 2575, approved December 20, 
                                  2005

 AN ACT To authorize the transfer of naval vessels to certain foreign 
                              recipients.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Naval Vessels Transfer Act 
of 2005''.

SEC. 2. TRANSFERS BY GRANT.

    The President is authorized to transfer vessels to foreign 
recipients on a grant basis under section 516 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j), as follows:
          (1) Greece.--To the Government of Greece, the OSPREY 
        class minehunter coastal ship PELICAN (MHC-53).
          (2) Egypt.--To the Government of Egypt, the OSPREY 
        class minehunter coastal ships CARDINAL (MHC-60) and 
        RAVEN (MHC-61).
          (3) Pakistan.--To the Government of Pakistan, the 
        SPRUANCE class destroyer ship FLETCHER (DD-992).
          (4) Turkey.--To the Government of Turkey, the 
        SPRUANCE class destroyer ship CUSHING (DD-985).

SEC. 3. TRANSFERS BY SALE.

    The President is authorized to transfer vessels to foreign 
recipients on a sale basis under section 21 of the Arms Export 
Control Act (22 U.S.C. 2761), as follows:
          (1) India.--To the Government of India, the AUSTIN 
        class amphibious transport dock ship TRENTON (LPD-14).
          (2) Greece.--To the Government of Greece, the OSPREY 
        class minehunter coastal ship HERON (MHC-52).
          (3) Turkey.--To the Government of Turkey, the 
        SPRUANCE class destroyer ship O'BANNON (DD-987).

SEC. 4. GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED EXCESS 
                    DEFENSE ARTICLES.

    The value of a vessel transferred to another country on a 
grant basis pursuant to authority provided by section 2 shall 
not be counted against the aggregate value of excess defense 
articles transferred to countries in any fiscal year under 
section 516 of the Foreign Assistance Act of 1961.

SEC. 5. COSTS OF CERTAIN TRANSFERS.

    Notwithstanding section 516(e)(1) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j(e)(1)), any expense incurred by 
the United States in connection with a transfer authorized 
under section 2 shall be charged to the recipient.

SEC. 6. 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 be 
performed at a shipyard located in the United States, including 
a United States Navy shipyard.

SEC. 7. EXPIRATION OF AUTHORITY.

    The authority to transfer a vessel under this section shall 
expire at the end of the 2-year period beginning on the date of 
the enactment of this Act.
          e. Senator Paul Simon Water for the Poor Act of 2005

    Partial text of Public Law 109-121 [H.R. 1973], 119 Stat. 2533, 
                       approved December 1, 2005

   AN ACT To make access to safe water and sanitation for developing 
  countries a specific policy objective of the United States foreign 
              assistance programs, 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 ``Senator Paul Simon Water for 
the Poor Act of 2005''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2152h note.
---------------------------------------------------------------------------

SEC. 2. FINDINGS.

    Congress makes the following findings:
          (1) Water-related diseases are a human tragedy, 
        killing up to five million people annually, preventing 
        millions of people from leading healthy lives, and 
        undermining development efforts.
          (2) A child dies an average of every 15 seconds 
        because of lack of access to safe water and adequate 
        sanitation.
          (3) In the poorest countries in the world, one out of 
        five children dies from a preventable, water-related 
        disease.
          (4) Lack of access to safe drinking water, inadequate 
        sanitation, and poor hygiene practices are directly 
        responsible for the vast majority of diarrheal diseases 
        which kill over two million children each year.
          (5) At any given time, half of all people in the 
        developing world are suffering from one or more of the 
        main diseases associated with inadequate provision of 
        water supply and sanitation services.
          (6) Over 1.1 billion people, one in every six people 
        in the world, lack access to safe drinking water.
          (7) Nearly 2.6 billion people, two in every five 
        people in the world, lack access to basic sanitation 
        services.
          (8) Half of all schools in the world do not have 
        access to safe drinking water and basic sanitation.
          (9) Over the past 20 years, two billion people have 
        gained access to safe drinking water and 600 million 
        people have gained access to basic sanitation services.
          (10) Access to safe water and sanitation and improved 
        hygiene are significant factors in controlling the 
        spread of disease in the developing world and 
        positively affecting worker productivity and economic 
        development.
          (11) Increasing access to safe water and sanitation 
        advances efforts toward other development objectives, 
        such as fighting poverty and hunger, promoting primary 
        education and gender equality, reducing child 
        mortality, promoting environmental stability, improving 
        the lives of slum dwellers, and strengthening national 
        security.
          (12) Providing safe supplies of water and sanitation 
        and hygiene improvements would save millions of lives 
        by reducing the prevalence of water-borne diseases, 
        water-based diseases, water-privation diseases, and 
        water-related vector diseases.
          (13) Because women and girls in developing countries 
        are often the carriers of water, lack of access to safe 
        water and sanitation disproportionately affects women 
        and limits women's opportunities at education, 
        livelihood, and financial independence.
          (14) Between 20 percent and 50 percent of existing 
        water systems in developing countries are not operating 
        or are operating poorly.
          (15) In developing world water delivery systems, an 
        average of 50 percent of all water is lost before it 
        gets to the end-user.
          (16) Every $1 invested in safe water and sanitation 
        would yield an economic return of between $3 and $34, 
        depending on the region.
          (17) Developing sustainable financing mechanisms, 
        such as pooling mechanisms and revolving funds, is 
        necessary for the long-term viability of improved water 
        and sanitation services.
          (18) The annual level of investment needed to meet 
        the water and sanitation needs of developing countries 
        far exceeds the amount of Official Development 
        Assistance (ODA) and spending by governments of 
        developing countries, so facilitating and attracting 
        greater public and private investment is essential.
          (19) Meeting the water and sanitation needs of the 
        lowest-income developing countries will require an 
        increase in the resources available as grants from 
        donor countries.
          (20) The long-term sustainability of improved water 
        and sanitation services can be advanced by promoting 
        community level action and engagement with civil 
        society.
          (21) Target 10 of the United Nations Millennium 
        Development Goals is to reduce by half the proportion 
        of people without sustainable access to safe drinking 
        water by 2015.
          (22) The participants in the 2002 World Summit on 
        Sustainable Development, held in Johannesburg, South 
        Africa, including the United States, agreed to the Plan 
        of Implementation of the World Summit on Sustainable 
        Development which included an agreement to work to 
        reduce by one-half ``the proportion of people who are 
        unable to reach or afford safe drinking water,'' and 
        ``the proportion of people without access to basic 
        sanitation'' by 2015.
          (23) At the World Summit on Sustainable Development, 
        the United States announced the Water for the Poor 
        Initiative, committing $970 million for fiscal years 
        2003 through 2005 to improve sustainable management of 
        fresh water resources and accelerate and expand 
        international efforts to achieve the goal of cutting in 
        half by 2015 the proportion of people who are unable to 
        reach or to afford safe drinking water.
          (24) United Nations General Assembly Resolution 58/
        217 (February 9, 2004) proclaimed ``the period from 
        2005 to 2015 the International Decade for Action, 
        `Water for Life', to commence on World Water Day, 22 
        March 2005'' for the purpose of increasing the focus of 
        the international community on water-related issues at 
        all levels and on the implementation of water-related 
        programs and projects.
          (25) Around the world, 263 river basins are shared by 
        two or more countries, and many more basins and 
        watersheds cross political or ethnic boundaries.
          (26) Water scarcity can contribute to insecurity and 
        conflict on subnational, national, and international 
        levels, thus endangering the national security of the 
        United States.
          (27) Opportunities to manage water problems can be 
        leveraged in ways to build confidence, trust, and peace 
        between parties in conflict.
          (28) Cooperative water management can help resolve 
        conflicts caused by other problems and is often a 
        crucial component in resolving such conflicts.
          (29) Cooperative water management can help countries 
        recover from conflict and, by promoting dialogue and 
        cooperation among former parties in conflict, can help 
        prevent the reemergence of conflict.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
          (1) to increase the percentage of water and 
        sanitation assistance targeted toward countries 
        designated as high priority countries under section 
        6(f) of this Act;
          (2) to ensure that water and sanitation assistance 
        reflect an appropriate balance of grants, loans, 
        contracts, investment insurance, loan guarantees, and 
        other assistance to further ensure affordability and 
        equity in the provision of access to safe water and 
        sanitation for the very poor;
          (3) to ensure that the targeting of water and 
        sanitation assistance reflect an appropriate balance 
        between urban, periurban, and rural areas to meet the 
        purposes of assistance described in section 135 of the 
        Foreign Assistance Act of 1961, as added by section 
        5(a) of this Act;
          (4) to ensure that forms of water and sanitation 
        assistance provided reflect the level of existing 
        resources and markets for investment in water and 
        sanitation within recipient countries;
          (5) to ensure that water and sanitation assistance, 
        to the extent possible, supports the poverty reduction 
        strategies of recipient countries and, when 
        appropriate, encourages the inclusion of water and 
        sanitation within such poverty reduction strategies;
          (6) to promote country and local ownership of safe 
        water and sanitation programs, to the extent 
        appropriate;
          (7) to promote community-based approaches in the 
        provision of affordable and equitable access to safe 
        water and sanitation, including the involvement of 
        civil society;
          (8) to mobilize and leverage the financial and 
        technical capacity of businesses, governments, 
        nongovernmental organizations, and civil society in the 
        form of public-private alliances;
          (9) to encourage reforms and increase the capacity of 
        foreign governments to formulate and implement policies 
        that expand access to safe water and sanitation in an 
        affordable, equitable, and sustainable manner, 
        including integrated strategic planning; and
          (10) to protect the supply and availability of safe 
        water through sound environmental management, including 
        preventing the destruction and degradation of 
        ecosystems and watersheds.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
          (1) in order to make the most effective use of 
        amounts of Official Development Assistance for water 
        and sanitation and avoid waste and duplication, the 
        United States should seek to establish innovative 
        international coordination mechanisms based on best 
        practices in other development sectors; and
          (2) the United States should greatly increase the 
        amount of Official Development Assistance made 
        available to carry out section 135 of the Foreign 
        Assistance Act of 1961, as added by section 5(a) of 
        this Act.

SEC. 5. ASSISTANCE TO PROVIDE SAFE WATER AND SANITATION.

    (a) In General.--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: * * * \2\
---------------------------------------------------------------------------
    \2\ Sec. 5(a) added a new sec. 135 to the Foreign Assistance Act of 
1961 (at 22 U.S.C. 2152h).
---------------------------------------------------------------------------
    (b) Conforming Amendment.--Section 104(c) of the 
Agricultural Trade Development and Assistance Act of 1954 (7 
U.S.C. 1704(c)) is amended by adding at the end the following 
new paragraph:
          ``(9) Safe water and sanitation.--To provide 
        assistance under section 135 of the Foreign Assistance 
        Act of 1961 to promote good health, economic 
        development, poverty reduction, women's empowerment, 
        conflict prevention, and environmental sustainability 
        by increasing affordable and equitable access to safe 
        water and sanitation.''.

SEC. 6. SAFE WATER AND SANITATION STRATEGY.

    (a) Strategy.--The President, acting through the Secretary 
of State, shall develop a strategy to further the United States 
foreign assistance objective to provide affordable and 
equitable access to safe water and sanitation in developing 
countries, as described in section 135 of the Foreign 
Assistance Act of 1961, as added by section 5(a) of this Act.
    (b) Consultation.--The strategy required by subsection (a) 
shall be developed in consultation with the Administrator of 
the United States Agency for International Development, the 
heads of other appropriate Federal departments and agencies, 
international organizations, international financial 
institutions, recipient governments, United States and 
international nongovernmental organizations, indigenous civil 
society, and other appropriate entities.
    (c) Implementation.--The Secretary of State, acting through 
the Administrator of the United States Agency for International 
Development, shall implement the strategy required by 
subsection (a). The strategy may also be implemented in part by 
other Federal departments and agencies, as appropriate.
    (d) Consistent With Safe Water and Sanitation Policy.--The 
strategy required by subsection (a) shall be consistent with 
the policy stated in section 3 of this Act.
    (e) Content.--The strategy required by subsection (a) shall 
include--
          (1) an assessment of the activities that have been 
        carried out, or that are planned to be carried out, by 
        all appropriate Federal departments and agencies to 
        improve affordable and equitable access to safe water 
        and sanitation in all countries that receive assistance 
        from the United States;
          (2) specific and measurable goals, benchmarks, and 
        timetables to achieve the objective described in 
        subsection (a);
          (3) an assessment of the level of funding and other 
        assistance for United States water and sanitation 
        programs needed each year to achieve the goals, 
        benchmarks, and timetables described in paragraph (2);
          (4) methods to coordinate and integrate United States 
        water and sanitation assistance programs with other 
        United States development assistance programs to 
        achieve the objective described in subsection (a);
          (5) methods to better coordinate United States water 
        and sanitation assistance programs with programs of 
        other donor countries and entities to achieve the 
        objective described in subsection (a); and
          (6) an assessment of the commitment of governments of 
        countries that receive assistance under section 135 of 
        the Foreign Assistance Act of 1961, as added by section 
        5(a) of this Act, to policies or policy reforms that 
        support affordable and equitable access by the people 
        of such countries to safe water and sanitation.
    (f) Designation of High Priority Countries.--The strategy 
required by subsection (a) shall further include the 
designation of high priority countries for assistance under 
section 135 of the Foreign Assistance Act of 1961, as added by 
section 5(a) of this Act. This designation shall be made on the 
basis of--
          (1) countries in which the need for increased access 
        to safe water and sanitation is greatest; and
          (2) countries in which assistance under such section 
        can be expected to make the greatest difference in 
        promoting good health, economic development, poverty 
        reduction, women's empowerment, conflict prevention, 
        and environmental sustainability.
    (g) Reports.--
          (1) Initial report.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary of 
        State shall submit to the appropriate congressional 
        committees a report that describes the strategy 
        required by subsection (a).
          (2) Subsequent reports.--
                  (A) In general.--Not less than once every 
                year after the submission of the initial report 
                under paragraph (1) until 2015, the Secretary 
                of State shall submit to the appropriate 
                congressional committees a report on the status 
                of the implementation of the strategy, progress 
                made in achieving the objective described in 
                subsection (a), and any changes to the strategy 
                since the date of the submission of the last 
                report.
                  (B) Additional information.--Such reports 
                shall include information on the amount of 
                funds expended in each country or program, 
                disaggregated by purpose of assistance, 
                including information on capital investments, 
                and the source of such funds by account.
          (3) 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.

SEC. 7. MONITORING REQUIREMENT.

    The Secretary of State and the Administrator of the United 
States Agency for International Development shall monitor the 
implementation of assistance under section 135 of the Foreign 
Assistance Act of 1961, as added by section 5(a) of this Act, 
to ensure that the assistance is reaching its intended targets 
and meeting the intended purposes of assistance.

SEC. 8. SENSE OF CONGRESS REGARDING DEVELOPMENT OF LOCAL CAPACITY.

    It is the sense of Congress that the Secretary of State 
should expand current programs and develop new programs, as 
necessary, to train local water and sanitation managers and 
other officials of countries that receive assistance under 
section 135 of the Foreign Assistance Act of 1961, as added by 
section 5(a) of this Act.

SEC. 9. SENSE OF CONGRESS REGARDING ADDITIONAL WATER AND SANITATION 
                    PROGRAMS.

    It is the sense of the Congress that--
          (1) the United States should further support, as 
        appropriate, water and sanitation activities of United 
        Nations agencies, such as the United Nations Children's 
        Fund (UNICEF), the United Nations Development Programme 
        (UNDP), and the United Nations Environment Programme 
        (UNEP); and
          (2) the Secretary of the Treasury should instruct 
        each United States Executive Director at the 
        multilateral development banks (within the meaning of 
        section 1701(c) of the International Financial 
        Institutions Act) to encourage the inclusion of water 
        and sanitation programs as a critical element of their 
        development assistance.

SEC. 10. REPORT REGARDING WATER FOR PEACE AND SECURITY.

    (a) Sense of Congress.--It is the sense of Congress that 
United States programs to support and encourage efforts around 
the world to develop river basin, aquifer, and other watershed-
wide mechanisms for governance and cooperation are critical 
components of long-term United States national security and 
should be expanded.
    (b) Report.--The Secretary of State, in consultation with 
the Administrator of the United States Agency for International 
Development, shall submit to the Committee on International 
Relations of the House of Representatives and the Committee on 
Foreign Relations of the Senate a report on efforts that the 
United States is making to support and promote programs that 
develop river basin, aquifer, and other watershed-wide 
mechanisms for governance and cooperation.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
for fiscal year 2006 and each subsequent fiscal year such sums 
as may be necessary to carry out this Act and the amendments 
made by this Act.
    (b) Other Amounts.--Amounts appropriated pursuant to the 
authorization of appropriations in subsection (a) shall be in 
addition to the amounts otherwise available to carry out this 
Act and the amendments made by this Act.
    (c) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are 
authorized to remain available until expended.
 f. Assistance for Orphans and Other Vulnerable Children in Developing 
                         Countries Act of 2005

Partial text of Public Law 109-95 [H.R. 1409], 119 Stat. 2111, approved 
                            November 8, 2005

     AN ACT To amend the Foreign Assistance Act of 1961 to provide 
  assistance for orphans and other vulnerable children in developing 
                   countries, and for other purposes.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Assistance for Orphans and 
Other Vulnerable Children in Developing Countries Act of 
2005''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS.

    Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2152f note.
---------------------------------------------------------------------------
          (1) As of July 2004, there were more than 143,000,000 
        children living in sub-Saharan Africa, Asia, Latin 
        America, and the Caribbean who were identified as 
        orphans, having lost one or both of their parents. Of 
        this number, approximately 16,200,000 children were 
        identified as double orphans, having lost both 
        parents--the vast majority of whom died of AIDS. These 
        children often are disadvantaged in numerous and 
        devastating ways and most households with orphans 
        cannot meet the basic needs of health care, food, 
        clothing, and educational expenses.
          (2) It is estimated that 121,000,000 children 
        worldwide do not attend school and that the majority of 
        such children are young girls. According to the United 
        Nations Children's Fund (UNICEF), orphans are less 
        likely to be in school and more likely to be working 
        full time.
          (3) School food programs, including take-home 
        rations, in developing countries provide strong 
        incentives for children to remain in school and 
        continue their education. School food programs can 
        reduce short-term hunger, improve cognitive functions, 
        and enhance learning, behavior, and achievement.
          (4) Financial barriers, such as school fees and other 
        costs of education, prevent many orphans and other 
        vulnerable children in developing countries from 
        attending school. Providing children with free primary 
        school education, while simultaneously ensuring that 
        adequate resources exist for teacher training and 
        infrastructure, would help more orphans and other 
        vulnerable children obtain a quality education.
          (5) The trauma that results from the loss of a parent 
        can trigger behavior problems of aggression or 
        emotional withdrawal and negatively affect a child's 
        performance in school and the child's social relations. 
        Children living in families affected by HIV/AIDS or who 
        have been orphaned by AIDS often face stigmatization 
        and discrimination. Providing culturally appropriate 
        psychosocial support to such children can assist them 
        in successfully accepting and adjusting to their 
        circumstances.
           (6) Orphans and other vulnerable children in 
        developing countries routinely are denied their 
        inheritance or encounter difficulties in claiming the 
        land and other property which they have inherited. Even 
        when the inheritance rights of women and children are 
        spelled out in law, such rights are difficult to claim 
        and are seldom enforced. In many countries it is 
        difficult or impossible for a widow, even if she has 
        young children, to claim property after the death of 
        her husband.
          (7) The HIV/AIDS pandemic has had a devastating 
        affect on children and is deepening poverty in entire 
        communities and jeopardizing the health, safety, and 
        survival of all children in affected areas.
          (8) The HIV/AIDS pandemic has increased the number of 
        orphans worldwide and has exacerbated the poor living 
        conditions of the world's poorest and most vulnerable 
        children. AIDS has created an unprecedented orphan 
        crisis, especially in sub-Saharan Africa, where 
        children have been hardest hit. An estimated 14,000,000 
        orphans have lost 1 or both parents to AIDS. By 2010, 
        it is estimated that over 25,000,000 children will have 
        been orphaned by AIDS.
          (9) Approximately 2,500,000 children under the age of 
        15 worldwide have HIV/AIDS. Every day another 2,000 
        children under the age of 15 are infected with HIV. 
        Without treatment, most children born with HIV can 
        expect to die by age two, but with sustained drug 
        treatment through childhood, the chances of long-term 
        survival and a productive adulthood improve 
        dramatically.
          (10) Few international development programs 
        specifically target the treatment of children with HIV/
        AIDS in developing countries. Reasons for this include 
        the perceived low priority of pediatric treatment, a 
        lack of pediatric health care professionals, lack of 
        expertise and experience in pediatric drug dosing and 
        monitoring, the perceived complexity of pediatric 
        treatment, and mistaken beliefs regarding the risks and 
        benefits of pediatric treatment.
          (11) Although a number of organizations seek to meet 
        the needs of orphans or other vulnerable children, 
        extended families and local communities continue to be 
        the primary providers of support for such children.
          (12) The HIV/AIDS pandemic is placing huge burdens on 
        communities and is leaving many orphans with little 
        support. Alternatives to traditional orphanages, such 
        as community-based resource centers, continue to evolve 
        in response to the massive number of orphans that has 
        resulted from the pandemic.
          (13) The AIDS orphans crisis in sub-Saharan Africa 
        has implications for political stability, human 
        welfare, and development that extend far beyond the 
        region, affecting governments and people worldwide, and 
        this crisis requires an accelerated response from the 
        international community.
          (14) Although section 403(b) of the United States 
        Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
        Act of 2003 (22 U.S.C. 7673(b)) establishes the 
        requirement that not less than 10 percent of amounts 
        appropriated for HIV/AIDS assistance for each of fiscal 
        years 2006 through 2008 shall be expended for 
        assistance for orphans and other vulnerable children 
        affected by HIV/AIDS, there is an urgent need to 
        provide assistance to such children prior to 2006.
          (15) Numerous United States and indigenous private 
        voluntary organizations, including faith-based 
        organizations, provide assistance to orphans and other 
        vulnerable children in developing countries. Many of 
        these organizations have submitted applications for 
        grants to the Administrator of the United States Agency 
        for International Development to provide increased 
        levels of assistance for orphans and other vulnerable 
        children in developing countries.
          (16) Increasing the amount of assistance that is 
        provided by the Administrator of the United States 
        Agency for International Development through United 
        States and indigenous private voluntary organizations, 
        including faith-based organizations, will provide 
        greater protection for orphans and other vulnerable 
        children in developing countries.
          (17) It is essential that the United States 
        Government adopt a comprehensive approach for the 
        provision of assistance to orphans and other vulnerable 
        children in developing countries. A comprehensive 
        approach would ensure that important services, such as 
        basic care, psychosocial support, school food programs, 
        increased educational opportunities and employment 
        training and related services, the protection and 
        promotion of inheritance rights for such children, and 
        the treatment of orphans and other vulnerable children 
        with HIV/AIDS, are made more accessible.
          (18) Assistance for orphans and other vulnerable 
        children can best be provided by a comprehensive 
        approach of the United States Government that--
                  (A) ensures that Federal agencies and the 
                private sector coordinate efforts to prevent 
                and eliminate duplication of efforts and waste 
                in the provision of such assistance; and
                  (B) to the maximum extent possible, focuses 
                on community-based programs that allow orphans 
                and other vulnerable children to remain 
                connected to the traditions and rituals of 
                their families and communities.

SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN 
                    DEVELOPING COUNTRIES. * * * \3\
---------------------------------------------------------------------------

    \3\ Sec. 3 added a new sec. 135 to the Foreign Assistance Act of 
1961 (at 22 U.S.C. 2152f).
---------------------------------------------------------------------------

SEC. 4.\2\ STRATEGY OF THE UNITED STATES.

    (a) Requirement for Strategy.--Not later than 180 days 
after the date of enactment of this Act, the President shall 
develop, and transmit to the appropriate congressional 
committees, a strategy for coordinating, implementing, and 
monitoring assistance programs for orphans and vulnerable 
children.
    (b) Consultation.--The strategy described in subsection (a) 
should be developed in consultation with the Special Advisor 
for Assistance to Orphans and Vulnerable Children (appointed 
pursuant to section 135(e)(1) of the Foreign Assistance Act of 
1961 (as added by section 3 of this Act)) and with employees of 
the field missions of the United States Agency for 
International Development to ensure that the strategy--
          (1) will not impede the efficiency of implementing 
        assistance programs for orphans and vulnerable 
        children; and
          (2) addresses the specific needs of indigenous 
        populations.
    (c) Content.--The strategy required by subsection (a) shall 
include--
          (1) the identity of each agency or department of the 
        Federal Government that is providing assistance for 
        orphans and vulnerable children in foreign countries;
          (2) a description of the efforts of the head of each 
        such agency or department to coordinate the provision 
        of such assistance with other agencies or departments 
        of the Federal Government or nongovernmental entities;
          (3) a description of a coordinated strategy, 
        including coordination with other bilateral and 
        multilateral donors, to provide the assistance 
        authorized in section 135 of the Foreign Assistance Act 
        of 1961, as added by section 3 of this Act;
          (4) an analysis of additional coordination mechanisms 
        or procedures that could be implemented to carry out 
        the purposes of such section;
          (5) a description of a monitoring system that 
        establishes performance goals for the provision of such 
        assistance and expresses such goals in an objective and 
        quantifiable form, to the extent feasible; and
          (6) a description of performance indicators to be 
        used in measuring or assessing the achievement of the 
        performance goals described in paragraph (5).

SEC. 5.\4\ ANNUAL REPORT.

    (a) Report.--Not later than one year after the date on 
which the President transmits to the appropriate congressional 
committees the strategy required by section 4(a), and annually 
thereafter, the President shall transmit to the appropriate 
congressional committees a report on the implementation of this 
Act and the amendments made by this Act.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2152g.
---------------------------------------------------------------------------
    (b) Contents.--The report shall contain the following 
information for grants, cooperative agreements, contracts, 
contributions, and other forms of assistance awarded or entered 
into under section 135 of the Foreign Assistance Act of 1961 
(as added by section 3 of this Act):
          (1) The amount of funding, the name of recipient 
        organizations, the location of programs and activities, 
        the status of progress of programs and activities, and 
        the estimated number of orphans and other vulnerable 
        children who received direct or indirect assistance 
        under the programs and activities.
          (2) The results of the monitoring and evaluation 
        system with respect to assistance for orphans and other 
        vulnerable children.
          (3) The percentage of assistance provided in support 
        of orphans or other vulnerable children affected by 
        HIV/AIDS.
          (4) Any other appropriate information relating to the 
        needs of orphans and other vulnerable children in 
        developing countries that could be addressed through 
        the provision of assistance authorized in section 135 
        of the Foreign Assistance Act of 1961, as added by 
        section 3 of this Act, or under any other provision of 
        law.

SEC. 6.\5\ APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, 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.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2152g note.
                g. North Korean Human Rights Act of 2004

 Public Law 108-333 [H.R. 4011], 118 Stat. 1287, approved October 18, 
   2004; as amended by the Foreign Operations, Export Financing, and 
  Related Programs Appropriations Act, 2005 [division D of Public Law 
     108-447; H.R. 4818], 118 Stat. 2809, approved December 8, 2004

 AN ACT To promote human rights and freedom in the Democratic People's 
               Republic of Korea, 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 ``North Korean Human Rights 
Act of 2004''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7801 note.
---------------------------------------------------------------------------

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

                                                                    Page

Sec. 1. Short title...............................................   559
Sec. 2. Table of contents.........................................   559
Sec. 3. Findings..................................................   559
Sec. 4. Purposes..................................................   562
Sec. 5. Definitions...............................................   562

          TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

Sec. 101. Sense of Congress regarding negotiations with North 
    Korea.........................................................   563
Sec. 102. Support for human rights and democracy programs.........   563
Sec. 103. Radio broadcasting to North Korea.......................   563
Sec. 104. Actions to promote freedom of information...............   563
Sec. 105. United Nations Commission on Human Rights...............   564
Sec. 106. Establishment of regional framework.....................   564
Sec. 107. Special Envoy on Human Rights in North Korea............   564

                TITLE II--ASSISTING NORTH KOREANS IN NEED

Sec. 201. Report on United States humanitarian assistance.........   565
Sec. 202. Assistance provided inside North Korea..................   566
Sec. 203. Assistance provided outside of North Korea..............   567

               TITLE III--PROTECTING NORTH KOREAN REFUGEES

Sec. 301. United States policy toward refugees and defectors......   567
Sec. 302. Eligibility for refugee or asylum consideration.........   568
Sec. 303. Facilitating submission of applications for admission as 
    a refugee.....................................................   568
Sec. 304. United Nations High Commissioner for Refugees...........   568
Sec. 305. Annual reports..........................................   569

SEC. 3.\2\ FINDINGS.

    Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 7801.
---------------------------------------------------------------------------
          (1) According to the Department of State, the 
        Government of North Korea is ``a dictatorship under the 
        absolute rule of Kim Jong Il'' that continues to commit 
        numerous, serious human rights abuses.
          (2) The Government of North Korea attempts to control 
        all information, artistic expression, academic works, 
        and media activity inside North Korea and strictly 
        curtails freedom of speech and access to foreign 
        broadcasts.
          (3) The Government of North Korea subjects all its 
        citizens to systematic, intensive political and 
        ideological indoctrination in support of the cult of 
        personality glorifying Kim Jong Il and the late Kim Il 
        Sung that approaches the level of a state religion.
          (4) The Government of North Korea divides its 
        population into categories, based on perceived loyalty 
        to the leadership, which determines access to food, 
        employment, higher education, place of residence, 
        medical facilities, and other resources.
          (5) According to the Department of State, ``[t]he 
        [North Korean] Penal Code is [d]raconian, stipulating 
        capital punishment and confiscation of assets for a 
        wide variety of `crimes against the revolution,' 
        including defection, attempted defection, slander of 
        the policies of the Party or State, listening to 
        foreign broadcasts, writing `reactionary' letters, and 
        possessing reactionary printed matter''.
          (6) The Government of North Korea executes political 
        prisoners, opponents of the regime, some repatriated 
        defectors, some members of underground churches, and 
        others, sometimes at public meetings attended by 
        workers, students, and schoolchildren.
          (7) The Government of North Korea holds an estimated 
        200,000 political prisoners in camps that its State 
        Security Agency manages through the use of forced 
        labor, beatings, torture, and executions, and in which 
        many prisoners also die from disease, starvation, and 
        exposure.
          (8) According to eyewitness testimony provided to the 
        United States Congress by North Korean camp survivors, 
        camp inmates have been used as sources of slave labor 
        for the production of export goods, as targets for 
        martial arts practice, and as experimental victims in 
        the testing of chemical and biological poisons.
          (9) According to credible reports, including 
        eyewitness testimony provided to the United States 
        Congress, North Korean Government officials prohibit 
        live births in prison camps, and forced abortion and 
        the killing of newborn babies are standard prison 
        practices.
          (10) According to the Department of State, 
        ``[g]enuine religious freedom does not exist in North 
        Korea'' and, according to the United States Commission 
        on International Religious Freedom, ``[t]he North 
        Korean state severely represses public and private 
        religious activities'' with penalties that reportedly 
        include arrest, imprisonment, torture, and sometimes 
        execution.
          (11) More than 2,000,000 North Koreans are estimated 
        to have died of starvation since the early 1990s 
        because of the failure of the centralized agricultural 
        and public distribution systems operated by the 
        Government of North Korea.
          (12) According to a 2002 United Nations-European 
        Union survey, nearly one out of every ten children in 
        North Korea suffers from acute malnutrition and four 
        out of every ten children in North Korea are 
        chronically malnourished.
          (13) Since 1995, the United States has provided more 
        than 2,000,000 tons of humanitarian food assistance to 
        the people of North Korea, primarily through the World 
        Food Program.
          (14) Although United States food assistance has 
        undoubtedly saved many North Korean lives and there 
        have been minor improvements in transparency relating 
        to the distribution of such assistance in North Korea, 
        the Government of North Korea continues to deny the 
        World Food Program forms of access necessary to 
        properly monitor the delivery of food aid, including 
        the ability to conduct random site visits, the use of 
        native Korean-speaking employees, and travel access 
        throughout North Korea.
          (15) The risk of starvation, the threat of 
        persecution, and the lack of freedom and opportunity in 
        North Korea have caused large numbers, perhaps even 
        hundreds of thousands, of North Koreans to flee their 
        homeland, primarily into China.
          (16) North Korean women and girls, particularly those 
        who have fled into China, are at risk of being 
        kidnapped, trafficked, and sexually exploited inside 
        China, where many are sold as brides or concubines, or 
        forced to work as prostitutes.
          (17) The Governments of China and North Korea have 
        been conducting aggressive campaigns to locate North 
        Koreans who are in China without permission and to 
        forcibly return them to North Korea, where they 
        routinely face torture and imprisonment, and sometimes 
        execution.
          (18) Despite China's obligations as a party to the 
        1951 United Nations Convention Relating to the Status 
        of Refugees and the 1967 Protocol Relating to the 
        Status of Refugees, China routinely classifies North 
        Koreans seeking asylum in China as mere ``economic 
        migrants'' and returns them to North Korea without 
        regard to the serious threat of persecution they face 
        upon their return.
          (19) The Government of China does not provide North 
        Koreans whose asylum requests are rejected a right to 
        have the rejection reviewed prior to deportation 
        despite its obligations under the 1951 United Nations 
        Convention Relating to the Status of Refugees and the 
        1967 Protocol Relating to the Status of Refugees.
          (20) North Koreans who seek asylum while in China are 
        routinely imprisoned and tortured, and in some cases 
        killed, after they are returned to North Korea.
          (21) The Government of China has detained, convicted, 
        and imprisoned foreign aid workers attempting to assist 
        North Korean refugees in proceedings that did not 
        comply with Chinese law or international standards.
          (22) In January 2000, North Korean agents inside 
        China allegedly abducted the Reverend Kim Dong-shik, a 
        United States permanent resident and advocate for North 
        Korean refugees, whose condition and whereabouts remain 
        unknown.
          (23) Between 1994 and 2003, South Korea has admitted 
        approximately 3,800 North Korean refugees for domestic 
        resettlement, a number that is small in comparison with 
        the total number of North Korean escapees but far 
        greater than the number legally admitted in any other 
        country.
          (24) Although the principal responsibility for North 
        Korean refugee resettlement naturally falls to the 
        Government of South Korea, the United States should 
        play a leadership role in focusing international 
        attention on the plight of these refugees, and 
        formulating international solutions to that profound 
        humanitarian dilemma.
          (25) In addition to infringing the rights of its own 
        citizens, the Government of North Korea has been 
        responsible in years past for the abduction of numerous 
        citizens of South Korea and Japan, whose condition and 
        whereabouts remain unknown.

SEC. 4.\3\ PURPOSES.

    The purposes of this Act are--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 7802.
---------------------------------------------------------------------------
          (1) to promote respect for and protection of 
        fundamental human rights in North Korea;
          (2) to promote a more durable humanitarian solution 
        to the plight of North Korean refugees;
          (3) to promote increased monitoring, access, and 
        transparency in the provision of humanitarian 
        assistance inside North Korea;
          (4) to promote the free flow of information into and 
        out of North Korea; and
          (5) to promote progress toward the peaceful 
        reunification of the Korean peninsula under a 
        democratic system of government.

SEC. 5.\4\ DEFINITIONS.

    In this Act:
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 7803.
---------------------------------------------------------------------------
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on International Relations 
                of the House of Representatives; and
                  (B) the Committee on Foreign Relations of the 
                Senate.
          (2) China.--The term ``China'' means the People's 
        Republic of China.
          (3) Humanitarian assistance.--The term ``humanitarian 
        assistance'' means assistance to meet humanitarian 
        needs, including needs for food, medicine, medical 
        supplies, clothing, and shelter.
          (4) North korea.--The term ``North Korea'' means the 
        Democratic People's Republic of Korea.
          (5) North koreans.--The term ``North Koreans'' means 
        persons who are citizens or nationals of North Korea.
          (6) South korea.--The term ``South Korea'' means the 
        Republic of Korea.

          TITLE I--PROMOTING THE HUMAN RIGHTS OF NORTH KOREANS

SEC. 101.\5\ SENSE OF CONGRESS REGARDING NEGOTIATIONS WITH NORTH KOREA.

    It is the sense of Congress that the human rights of North 
Koreans should remain a key element in future negotiations 
between the United States, North Korea, and other concerned 
parties in Northeast Asia.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 7811.
---------------------------------------------------------------------------

SEC. 102.\6\ SUPPORT FOR HUMAN RIGHTS AND DEMOCRACY PROGRAMS.

    (a) Support.--The President is authorized to provide grants 
to private, nonprofit organizations to support programs that 
promote human rights, democracy, rule of law, and the 
development of a market economy in North Korea. Such programs 
may include appropriate educational and cultural exchange 
programs with North Korean participants, to the extent not 
otherwise prohibited by law.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 7812.
---------------------------------------------------------------------------
    (b) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to the President $2,000,000 for each of 
        the fiscal years 2005 through 2008 to carry out this 
        section.
          (2) Availability.--Amounts appropriated pursuant to 
        the authorization of appropriations under paragraph (1) 
        are authorized to remain available until expended.

SEC. 103.\7\ RADIO BROADCASTING TO NORTH KOREA.

    (a) Sense of Congress.--It is the sense of Congress that 
the United States should facilitate the unhindered 
dissemination of information in North Korea by increasing its 
support for radio broadcasting to North Korea, and that the 
Broadcasting Board of Governors should increase broadcasts to 
North Korea from current levels, with a goal of providing 12-
hour-per-day broadcasting to North Korea, including broadcasts 
by Radio Free Asia and Voice of America.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 7813.
---------------------------------------------------------------------------
    (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Broadcasting Board of Governors 
shall submit to the appropriate congressional committees a 
report that--
          (1) describes the status of current United States 
        broadcasting to North Korea; and
          (2) outlines a plan for increasing such broadcasts to 
        12 hours per day, including a detailed description of 
        the technical and fiscal requirements necessary to 
        implement the plan.

SEC. 104.\8\ ACTIONS TO PROMOTE FREEDOM OF INFORMATION.

    (a) Actions.--The President is authorized to take such 
actions as may be necessary to increase the availability of 
information inside North Korea by increasing the availability 
of sources of information not controlled by the Government of 
North Korea, including sources such as radios capable of 
receiving broadcasting from outside North Korea.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 7814.
---------------------------------------------------------------------------
    (b) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to the President $2,000,000 for each of 
        the fiscal years 2005 through 2008 to carry out 
        subsection (a).
          (2) Availability.--Amounts appropriated pursuant to 
        the authorization of appropriations under paragraph (1) 
        are authorized to remain available until expended.
    (c) Report.--Not later than 1 year after the date of the 
enactment of this Act, and in each of the 3 years thereafter, 
the Secretary of State, after consultation with the heads of 
other appropriate Federal departments and agencies, shall 
submit to the appropriate congressional committees a report, in 
classified form, on actions taken pursuant to this section.

SEC. 105.\9\ UNITED NATIONS COMMISSION ON HUMAN RIGHTS.

    It is the sense of Congress that the United Nations has a 
significant role to play in promoting and improving human 
rights in North Korea, and that--
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 7815.
---------------------------------------------------------------------------
          (1) the United Nations Commission on Human Rights 
        (UNCHR) has taken positive steps by adopting Resolution 
        2003/10 and Resolution 2004/13 on the situation of 
        human rights in North Korea, and particularly by 
        requesting the appointment of a Special Rapporteur on 
        the situation of human rights in North Korea; and
          (2) the severe human rights violations within North 
        Korea warrant country-specific attention and reporting 
        by the United Nations Working Group on Arbitrary 
        Detention, the Working Group on Enforced and 
        Involuntary Disappearances, the Special Rapporteur on 
        Extrajudicial, Summary, or Arbitrary Executions, the 
        Special Rapporteur on the Right to Food, the Special 
        Rapporteur on the Promotion and Protection of the Right 
        to Freedom of Opinion and Expression, the Special 
        Rapporteur on Freedom of Religion or Belief, and the 
        Special Rapporteur on Violence Against Women.

SEC. 106.\10\ ESTABLISHMENT OF REGIONAL FRAMEWORK.

    (a) Findings.--The Congress finds that human rights 
initiatives can be undertaken on a multilateral basis, such as 
the Organization for Security and Cooperation in Europe (OSCE), 
which established a regional framework for discussing human 
rights, scientific and educational cooperation, and economic 
and trade issues.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 7816.
---------------------------------------------------------------------------
    (b) Sense of Congress.--It is the sense of Congress that 
the United Sates should explore the possibility of a regional 
human rights dialogue with North Korea that is modeled on the 
Helsinki process, engaging all countries in the region in a 
common commitment to respect human rights and fundamental 
freedoms.

SEC. 107.\11\ SPECIAL ENVOY ON HUMAN RIGHTS IN NORTH KOREA.

    (a) Special Envoy.--The President shall appoint a special 
envoy for human rights in North Korea within the Department of 
State (hereafter in this section referred to as the ``Special 
Envoy''). The Special Envoy should be a person of recognized 
distinction in the field of human rights.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 7817.
---------------------------------------------------------------------------
    (b) Central Objective.--The central objective of the 
Special Envoy is to coordinate and promote efforts to improve 
respect for the fundamental human rights of the people of North 
Korea.
    (c) Duties and Responsibilities.--The Special Envoy shall--
          (1) engage in discussions with North Korean officials 
        regarding human rights;
          (2) support international efforts to promote human 
        rights and political freedoms in North Korea, including 
        coordination and dialogue between the United States and 
        the United Nations, the European Union, North Korea, 
        and the other countries in Northeast Asia;
          (3) consult with non-governmental organizations who 
        have attempted to address human rights in North Korea;
          (4) make recommendations regarding the funding of 
        activities authorized in section 102;
          (5) review strategies for improving protection of 
        human rights in North Korea, including technical 
        training and exchange programs; and
          (6) develop an action plan for supporting 
        implementation of the United Nations Commission on 
        Human Rights Resolution 2004/13.
    (d) Report on Activities.--Not later than 180 days after 
the date of the enactment of this Act, and annually for the 
subsequent 5 year-period, the Special Envoy shall submit to the 
appropriate congressional committees a report on the activities 
undertaken in the preceding 12 months under subsection (c).

               TITLE II--ASSISTING NORTH KOREANS IN NEED

SEC. 201.\12\ REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, and in each of the 2 years thereafter, 
the Administrator of the United States Agency for International 
Development, in conjunction with the Secretary of State, shall 
submit to the appropriate congressional committees a report 
that describes--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 7831.
---------------------------------------------------------------------------
          (1) all activities to provide humanitarian assistance 
        inside North Korea, and to North Koreans outside of 
        North Korea, that receive United States funding;
          (2) any improvements in humanitarian transparency, 
        monitoring, and access inside North Korea during the 
        previous 1-year period, including progress toward 
        meeting the conditions identified in subparagraphs (A) 
        through (D) of section 202(b); \13\ and
---------------------------------------------------------------------------
    \13\ Sec. 534(j) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809), struck out ``paragraphs (1) through (4) of 
section 202(b)'' and inserted in lieu thereof ``subparagraphs (A) 
through (D) of section 202(b)''.
---------------------------------------------------------------------------
          (3) specific efforts to secure improved humanitarian 
        transparency, monitoring, and access inside North Korea 
        made by the United States and United States grantees, 
        including the World Food Program, during the previous 
        1-year period.
    (b) Form.--The information required by subsection (a)(1) 
may be provided in classified form if necessary.

SEC. 202.\14\ ASSISTANCE PROVIDED INSIDE NORTH KOREA.

    (a) Humanitarian Assistance Through Nongovernmental and 
International Organizations.--It is the sense of the Congress 
that--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 7832.
---------------------------------------------------------------------------
          (1) at the same time that Congress supports the 
        provision of humanitarian assistance to the people of 
        North Korea on humanitarian grounds, such assistance 
        also should be provided and monitored so as to minimize 
        the possibility that such assistance could be diverted 
        to political or military use, and to maximize the 
        likelihood that it will reach the most vulnerable North 
        Koreans;
          (2) significant increases above current levels of 
        United States support for humanitarian assistance 
        provided inside North Korea should be conditioned upon 
        substantial improvements in transparency, monitoring, 
        and access to vulnerable populations throughout North 
        Korea; and
          (3) the United States should encourage other 
        countries that provide food and other humanitarian 
        assistance to North Korea to do so through monitored, 
        transparent channels, rather than through direct, 
        bilateral transfers to the Government of North Korea.
    (b) United States Assistance to the Government of North 
Korea.--It is the sense of Congress that--
          (1) United States humanitarian assistance to any 
        department, agency, or entity of the Government of 
        North Korea shall--
                  (A) be delivered, distributed, and monitored 
                according to internationally recognized 
                humanitarian standards;
                  (B) be provided on a needs basis, and not 
                used as a political reward or tool of coercion;
                  (C) reach the intended beneficiaries, who 
                should be informed of the source of the 
                assistance; and
                  (D) be made available to all vulnerable 
                groups in North Korea, no matter where in the 
                country they may be located; and
          (2) United States nonhumanitarian assistance to North 
        Korea shall be contingent on North Korea's substantial 
        progress toward--
                  (A) respect for the basic human rights of the 
                people of North Korea, including freedom of 
                religion;
                  (B) providing for family reunification 
                between North Koreans and their descendants and 
                relatives in the United States;
                  (C) fully disclosing all information 
                regarding citizens of Japan and the Republic of 
                Korea abducted by the Government of North 
                Korea;
                  (D) allowing such abductees, along with their 
                families, complete and genuine freedom to leave 
                North Korea and return to the abductees' 
                original home countries;
                  (E) reforming the North Korean prison and 
                labor camp system, and subjecting such reforms 
                to independent international monitoring; and
                  (F) decriminalizing political expression and 
                activity.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the Agency for 
International Development shall submit to the appropriate 
congressional committees a report describing compliance with 
this section.

SEC. 203.\15\ ASSISTANCE PROVIDED OUTSIDE OF NORTH KOREA.

    (a) Assistance.--The President is authorized to provide 
assistance to support organizations or persons that provide 
humanitarian assistance to North Koreans who are outside of 
North Korea without the permission of the Government of North 
Korea.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 7833.
---------------------------------------------------------------------------
    (b) Types of Assistance.--Assistance provided under 
subsection (a) should be used to provide--
          (1) humanitarian assistance to North Korean refugees, 
        defectors, migrants, and orphans outside of North 
        Korea, which may include support for refugee camps or 
        temporary settlements; and
          (2) humanitarian assistance to North Korean women 
        outside of North Korea who are victims of trafficking, 
        as defined in section 103(14) of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102(14)), or 
        are in danger of being trafficked.
    (c) Authorization of Appropriations.--
          (1) In general.--In addition to funds otherwise 
        available for such purposes, there are authorized to be 
        appropriated to the President $20,000,000 for each of 
        the fiscal years 2005 through 2008 to carry out this 
        section.
          (2) Availability.--Amounts appropriated pursuant to 
        the authorization of appropriations under paragraph (1) 
        are authorized to remain available until expended.

              TITLE III--PROTECTING NORTH KOREAN REFUGEES

SEC. 301.\16\ UNITED STATES POLICY TOWARD REFUGEES AND DEFECTORS.

    (a) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of State, in consultation 
with the heads of other appropriate Federal departments and 
agencies, shall submit to the appropriate congressional 
committees and the Committees on the Judiciary of the House of 
Representatives and the Senate a report that describes the 
situation of North Korean refugees and explains United States 
Government policy toward North Korean nationals outside of 
North Korea.
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 7841.
---------------------------------------------------------------------------
    (b) Contents.--The report shall include--
                  (1) an assessment of the circumstances facing 
                North Korean refugees and migrants in hiding, 
                particularly in China, and of the circumstances 
                they face if forcibly returned to North Korea;
                  (2) an assessment of whether North Koreans in 
                China have effective access to personnel of the 
                United Nations High Commissioner for Refugees, 
                and of whether the Government of China is 
                fulfilling its obligations under the 1951 
                Convention Relating to the Status of Refugees, 
                particularly Articles 31, 32, and 33 of such 
                Convention;
                  (3) an assessment of whether North Koreans 
                presently have unobstructed access to United 
                States refugee and asylum processing, and of 
                United States policy toward North Koreans who 
                may present themselves at United States 
                embassies or consulates and request protection 
                as refugees or asylum seekers and resettlement 
                in the United States;
                  (4) the total number of North Koreans who 
                have been admitted into the United States as 
                refugees or asylees in each of the past 5 
                years;
                  (5) an estimate of the number of North 
                Koreans with family connections to United 
                States citizens; and
                  (6) a description of the measures that the 
                Secretary of State is taking to carry out 
                section 303.
    (c) Form.--The information required by paragraphs (1) 
through (5) of subsection (b) shall be provided in unclassified 
form. All or part of the information required by subsection 
(b)(6) may be provided in classified form, if necessary.

SEC. 302.\17\ ELIGIBILITY FOR REFUGEE OR ASYLUM CONSIDERATION.

    (a) Purpose.--The purpose of this section is to clarify 
that North Koreans are not barred from eligibility for refugee 
status or asylum in the United States on account of any legal 
right to citizenship they may enjoy under the Constitution of 
the Republic of Korea. It is not intended in any way to 
prejudice whatever rights to citizenship North Koreans may 
enjoy under the Constitution of the Republic of Korea, or to 
apply to former North Korean nationals who have availed 
themselves of those rights.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 7842.
---------------------------------------------------------------------------
    (b) Treatment of Nationals of North Korea.--For purposes of 
eligibility for refugee status under section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157), or for asylum 
under section 208 of such Act (8 U.S.C. 1158), a national of 
the Democratic People's Republic of Korea shall not be 
considered a national of the Republic of Korea.

SEC. 303.\18\ FACILITATING SUBMISSION OF APPLICATIONS FOR ADMISSION AS 
                    A REFUGEE.

    The Secretary of State shall undertake to facilitate the 
submission of applications under section 207 of the Immigration 
and Nationality Act (8 U.S.C. 1157) by citizens of North Korea 
seeking protection as refugees (as defined in section 
101(a)(42) of such Act (8 U.S.C. 1101(a)(42)).
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 7843.
---------------------------------------------------------------------------

SEC. 304.\19\ UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES.

    (a) Actions in China.--It is the sense of Congress that--
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 7844.
---------------------------------------------------------------------------
          (1) the Government of China has obligated itself to 
        provide the United Nations High Commissioner for 
        Refugees (UNHCR) with unimpeded access to North Koreans 
        inside its borders to enable the UNHCR to determine 
        whether they are refugees and whether they require 
        assistance, pursuant to the 1951 United Nations 
        Convention Relating to the Status of Refugees, the 1967 
        Protocol Relating to the Status of Refugees, and 
        Article III, paragraph 5 of the 1995 Agreement on the 
        Upgrading of the UNHCR Mission in the People's Republic 
        of China to UNHCR Branch Office in the People's 
        Republic of China (referred to in this section as the 
        ``UNHCR Mission Agreement'');
          (2) the United States, other UNHCR donor governments, 
        and UNHCR should persistently and at the highest levels 
        continue to urge the Government of China to abide by 
        its previous commitments to allow UNHCR unimpeded 
        access to North Korean refugees inside China;
          (3) the UNHCR, in order to effectively carry out its 
        mandate to protect refugees, should liberally employ as 
        professionals or Experts on Mission persons with 
        significant experience in humanitarian assistance work 
        among displaced North Koreans in China;
          (4) the UNHCR, in order to effectively carry out its 
        mandate to protect refugees, should liberally contract 
        with appropriate nongovernmental organizations that 
        have a proven record of providing humanitarian 
        assistance to displaced North Koreans in China;
          (5) the UNHCR should pursue a multilateral agreement 
        to adopt an effective ``first asylum'' policy that 
        guarantees safe haven and assistance to North Korean 
        refugees; and
          (6) should the Government of China begin actively 
        fulfilling its obligations toward North Korean 
        refugees, all countries, including the United States, 
        and relevant international organizations should 
        increase levels of humanitarian assistance provided 
        inside China to help defray costs associated with the 
        North Korean refugee presence.
    (b) Arbitration Proceedings.--It is further the sense of 
Congress that--
          (1) if the Government of China continues to refuse to 
        provide the UNHCR with access to North Koreans within 
        its borders, the UNHCR should initiate arbitration 
        proceedings pursuant to Article XVI of the UNHCR 
        Mission Agreement and appoint an arbitrator for the 
        UNHCR; and
          (2) because access to refugees is essential to the 
        UNHCR mandate and to the purpose of a UNHCR branch 
        office, a failure to assert those arbitration rights in 
        present circumstances would constitute a significant 
        abdication by the UNHCR of one of its core 
        responsibilities.

SEC. 305.\20\ ANNUAL REPORTS.

    (a) Immigration Information.--Not later than 1 year after 
the date of the enactment of this Act, and every 12 months 
thereafter for each of the following 5 years, the Secretary of 
State and the Secretary of Homeland Security shall submit a 
joint report to the appropriate congressional committees and 
the Committees on the Judiciary of the House of Representatives 
and the Senate on the operation of this title during the 
previous year, which shall include--
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 7845.
---------------------------------------------------------------------------
          (1) the number of aliens who are nationals or 
        citizens of North Korea who applied for political 
        asylum and the number who were granted political 
        asylum; and
          (2) the number of aliens who are nationals or 
        citizens of North Korea who applied for refugee status 
        and the number who were granted refugee status.
    (b) Countries of Particular Concern.--The President shall 
include in each annual report on proposed refugee admission 
pursuant to section 207(d) of the Immigration and Nationality 
Act (8 U.S.C. 1157(d)), information about specific measures 
taken to facilitate access to the United States refugee program 
for individuals who have fled countries of particular concern 
for violations of religious freedom, identified pursuant to 
section 402(b) of the International Religious Freedom Act of 
1998 (22 U.S.C. 6442(b)). The report shall include, for each 
country of particular concern, a description of access of the 
nationals or former habitual residents of that country to a 
refugee determination on the basis of--
          (1) referrals by external agencies to a refugee 
        adjudication;
          (2) groups deemed to be of special humanitarian 
        concern to the United States for purposes of refugee 
        resettlement; and
          (3) family links to the United States.
                  h. Millennium Challenge Act of 2003

 Title VI of division D of Public Law 108-199 [H.R. 2673], 118 Stat. 3 
  at 211, approved January 23, 2004; as amended by Public Law 108-447 
      [Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved December 
 8, 2004; and Public Law 109-13 [Emergency Supplemental Appropriations 
  Act for Defense, the Global War on Terror and Tsunami Relief, 2005; 
            H.R. 1268], 119 Stat. 231, approved May 11, 2005

               TITLE VI--MILLENNIUM CHALLENGE ACT OF 2003

SEC. 601.\1\ SHORT TITLE.

    This title may be cited as the ``Millennium Challenge Act 
of 2003''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7701 note.
---------------------------------------------------------------------------

SEC. 602.\2\ PURPOSES.
---------------------------------------------------------------------------

    \2\ 22 U.S.C. 7701.
---------------------------------------------------------------------------
    The purposes of this title are--
          (1) to provide United States assistance for global 
        development through the Millennium Challenge 
        Corporation, as described in section 604; and
          (2) to provide such assistance in a manner that 
        promotes economic growth and the elimination of extreme 
        poverty and strengthens good governance, economic 
        freedom, and investments in people.

SEC. 603.\3\ DEFINITIONS.
---------------------------------------------------------------------------

    \3\ 22 U.S.C. 7702.
---------------------------------------------------------------------------
    In this title:
          (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) Board.--The term ``Board'' means the Board of 
        Directors of the Corporation established pursuant to 
        section 604(c).
          (3) Candidate country.--The term ``candidate 
        country'' means a country that meets the requirements 
        of section 606.
          (4) Chief executive officer.--The term ``Chief 
        Executive Officer'' means the chief executive officer 
        of the Corporation appointed pursuant to section 
        604(b).
          (5) Compact.--The term ``Compact'' means a Millennium 
        Challenge Compact described in section 609.
          (6) Corporation.--The term ``Corporation'' means the 
        Millennium Challenge Corporation established by section 
        604(a).
          (7) Eligible country.--The term ``eligible country'' 
        means a candidate country that is determined, under 
        section 607, to be an eligible country to receive 
        assistance under section 605.
          (8) \4\ Investments in the people.--The term 
        ``investments in the people'' means government policies 
        or programs of an eligible country that promote the 
        health, education, and other factors which contribute 
        to the well-being and productivity of their people, 
        such as decent, affordable housing for all.
---------------------------------------------------------------------------
    \4\ Sec. 534(q) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809) added para. (8).
---------------------------------------------------------------------------

SEC. 604.\5\ ESTABLISHMENT AND MANAGEMENT OF THE MILLENNIUM CHALLENGE 
                    CORPORATION.

    (a) Establishment.--There is established in the executive 
branch a corporation to be known as the ``Millennium Challenge 
Corporation'' that shall be responsible for carrying out this 
title. The Corporation shall be a government corporation, as 
defined in section 103 of title 5, United States Code.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 7703.
---------------------------------------------------------------------------
    (b) Chief Executive Officer.--
          (1) In general.--There shall be in the Corporation a 
        Chief Executive Officer who shall be responsible for 
        the management of the Corporation.
          (2) Appointment.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the Chief Executive Officer 
                shall be appointed by the President, by and 
                with the advice and consent of the Senate.
                  (B) Interim ceo.--The members of the Board of 
                Directors described in subsection (c)(3)(A) may 
                designate by unanimous consent in writing an 
                individual who is an officer within any Federal 
                department or agency (and who has been 
                appointed to such position by the President, by 
                and with the advice and consent of the Senate) 
                to carry out the duties described in this 
                subsection until the Chief Executive Officer is 
                appointed pursuant to subparagraph (A).
          (3) Relationship to board.--The Chief Executive 
        Officer shall report to and be under the direct 
        authority of the Board.
          (4) Compensation and rank.--
                  (A) In general.--The Chief Executive Officer 
                shall be compensated at the rate provided for 
                level II of the Executive Schedule \6\ under 
                section 5313 of title 5, United States Code, 
                and shall have the equivalent rank of Deputy 
                Secretary.
---------------------------------------------------------------------------
    \6\ The rate of compensation at level II of the Executive Schedule 
in 2006 is $165,200 per annum (Executive Order 13393; 70 F.R. 76655; 
December 22, 2005).
---------------------------------------------------------------------------
                  (B) Amendment.--Section 5313 of title 5, 
                United States Code, is amended by adding at the 
                end the following:
          ``Chief Executive Officer, Millennium Challenge 
        Corporation.''.
          (5) Authorities and duties.--The Chief Executive 
        Officer shall be responsible for the management of the 
        Corporation and shall exercise the powers and discharge 
        the duties of the Corporation.
          (6) Authority to appoint officers.--In consultation 
        and with approval of the Board, the Chief Executive 
        Officer shall appoint all officers of the Corporation.
    (c) Board of Directors.--
          (1) Establishment.--There shall be in the Corporation 
        a Board of Directors.
          (2) Duties.--The Board shall perform the functions 
        specified to be carried out by the Board in this title 
        and may prescribe, amend, and repeal bylaws, rules, 
        regulations, and procedures governing the manner in 
        which the business of the Corporation may be conducted 
        and in which the powers granted to it by law may be 
        exercised.
          (3) Membership.--The Board shall consist of--
                  (A) the Secretary of State, the Secretary of 
                the Treasury, the Administrator of the United 
                States Agency for International Development, 
                the Chief Executive Officer of the Corporation, 
                and the United States Trade Representative; and
                  (B) four other individuals with relevant 
                international experience who shall be appointed 
                by the President, by and with the advice and 
                consent of the Senate, of which--
                          (i) one individual should be 
                        appointed from among a list of 
                        individuals submitted by the majority 
                        leader of the House of Representatives;
                          (ii) one individual should be 
                        appointed from among a list of 
                        individuals submitted by the minority 
                        leader of the House of Representatives;
                          (iii) one individual should be 
                        appointed from among a list of 
                        individuals submitted by the majority 
                        leader of the Senate; and
                          (iv) one individual should be 
                        appointed from among a list of 
                        individuals submitted by the minority 
                        leader of the Senate.
          (4) Terms.--
                  (A) Officers of the federal government.--Each 
                member of the Board described in paragraph 
                (3)(A) shall serve for a term that is 
                concurrent with the term of service of the 
                individual's position as an officer within the 
                other Federal department or agency.
                  (B) Other members.--Each member of the Board 
                described in paragraph (3)(B) shall be 
                appointed for a term of 3 years and may be 
                reappointed for a term of an additional 2 
                years.
                  (C) Vacancies.--A vacancy in the Board shall 
                be filled in the manner in which the original 
                appointment was made.
          (5) Chairperson.--There shall be a Chairperson of the 
        Board. The Secretary of State shall serve as the 
        Chairperson.
          (6) Quorum.--A majority of the members of the Board 
        shall constitute a quorum, which, except with respect 
        to a meeting of the Board during the 135-day period 
        beginning on the date of the enactment of this Act, 
        shall include at least one member of the Board 
        described in paragraph (3)(B).
          (7) Meetings.--The Board shall meet at the call of 
        the Chairperson.
          (8) Compensation.--
                  (A) Officers of the federal government.--
                          (i) In general.--A member of the 
                        Board described in paragraph (3)(A) may 
                        not receive additional pay, allowances, 
                        or benefits by reason of the member's 
                        service on the Board.
                          (ii) Travel expenses.--Each such 
                        member of the Board shall receive 
                        travel expenses, including per diem in 
                        lieu of subsistence, in accordance with 
                        applicable provisions under subchapter 
                        I of chapter 57 of title 5, United 
                        States Code.
                  (B) Other members.--
                          (i) In general.--Except as provided 
                        in clause (ii), a member of the Board 
                        described in paragraph (3)(B)--
                                  (I) shall be paid 
                                compensation out of funds made 
                                available for the purposes of 
                                this title at the daily 
                                equivalent of the highest rate 
                                payable under section 5332 of 
                                title 5, United States Code, 
                                for each day (including travel 
                                time) during which the member 
                                is engaged in the actual 
                                performance of duties as a 
                                member of the Board; and
                                  (II) while away from the 
                                member's home or regular place 
                                of business on necessary travel 
                                in the actual performance of 
                                duties as a member of the 
                                Board, shall be paid per diem, 
                                travel, and transportation 
                                expenses in the same manner as 
                                is provided under subchapter I 
                                of chapter 57 of title 5, 
                                United States Code.
                          (ii) Limitation.--A member of the 
                        Board may not be paid compensation 
                        under clause (i)(II) for more than 90 
                        days in any calendar year.

SEC. 605.\7\ AUTHORIZATION OF ASSISTANCE.

    (a) Assistance.--Notwithstanding any other provision of law 
(other than a provision of this title), the Board, acting 
through the Chief Executive Officer, is authorized to provide 
assistance under this section for each country that enters into 
a Millennium Challenge Compact with the United States pursuant 
to section 609 to support policies and programs that advance 
the progress of the country in achieving lasting economic 
growth and poverty reduction and are in furtherance of the 
purposes of this title.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 7704.
---------------------------------------------------------------------------
    (b) Form of Assistance.--Assistance under this section may 
be provided in the form of grants, cooperative agreements, or 
contracts to or with eligible entities described in subsection 
(c). Assistance under this section may not be provided in the 
form of loans.
    (c) Eligible Entities.--An eligible entity referred to in 
subsection (b) is--
          (1) the national government of the eligible country;
          (2) regional or local governmental units of the 
        country; or
          (3) a nongovernmental organization or a private 
        entity.
    (d) Application.--The Chief Executive Officer, in 
consultation with the Board and working with eligible countries 
selected by the Board for negotiation of Compacts, should 
develop and recommend procedures for considering solicited and 
unsolicited proposals in Compacts prior to an approval of the 
Compacts by the Board.
    (e) Limitations.--
          (1) Prohibition on military assistance and 
        training.--Assistance under this section may not 
        include military assistance or military training for a 
        country.
          (2) Prohibition on assistance relating to united 
        states job loss or production displacement.--Assistance 
        under this section may not be provided for any project 
        that is likely to cause a substantial loss of United 
        States jobs or a substantial displacement of United 
        States production.
          (3) Prohibition on assistance relating to 
        environmental, health, or safety hazards.--Assistance 
        under this section may not be provided for any project 
        that is likely to cause a significant environmental, 
        health, or safety hazard.
          (4) Prohibition on use of funds for abortions and 
        involuntary sterilizations.--The prohibitions on use of 
        funds contained in paragraphs (1) through (3) of 
        section 104(f) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2151b(f)(1)-(3)) shall apply to funds made 
        available to carry out this section to the same extent 
        and in the same manner as such prohibitions apply to 
        funds made available to carry out part I of such Act. 
        The prohibition on use of funds contained in any 
        provision of law comparable to the eleventh and 
        fourteenth provisos under the heading ``Child Survival 
        and Health Programs Fund'' of division E of Public Law 
        108-7 (117 Stat. 162) shall apply to funds made 
        available to carry out this section for fiscal year 
        2004.
    (f) Coordination.--The provision of assistance under this 
section shall be coordinated with other United States foreign 
assistance programs.

SEC. 606.\8\ CANDIDATE COUNTRIES.

    (a) Low Income Countries.--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 7705.
    The Millennium Challenge Corporation identified candidate countries 
in Department of State Public Notice 4617 (69 F.R. 5887; February 3, 
2004); Millennium Challenge Corporation Notice FR 04-06 (69 F.R. 26897; 
May 11, 2004); Millennium Challenge Corporation Notice FR 04-08 (69 
F.R. 44549; July 21, 2004); Millennium Challenge Corporation Report FR 
05-15 (70 F.R. 45442; August 1, 2005); and Millennium Challenge 
Corporation Report FR 05-19 (70 F.R. 69992; November 14, 2005).
---------------------------------------------------------------------------
          (1) Fiscal year 2004.--A country shall be a candidate 
        country for purposes of eligibility for assistance for 
        fiscal year 2004 if--
                  (A) the country is eligible for assistance 
                from the International Development Association, 
                and the per capita income of the country is 
                equal to or less than the historical ceiling of 
                the International Development Association for 
                that year, as defined by the International Bank 
                for Reconstruction and Development; and
                  (B) subject to paragraph (3), the country is 
                not ineligible to receive United States 
                economic assistance under part I of the Foreign 
                Assistance Act of 1961 by reason of the 
                application of any provision of the Foreign 
                Assistance Act of 1961 or any other provision 
                of law.
          (2) Fiscal year 2005 and subsequent fiscal years.--A 
        country shall be a candidate country for purposes of 
        eligibility for assistance for fiscal year 2005 or a 
        subsequent fiscal year if--
                  (A) the per capita income of the country is 
                equal to or less than the historical ceiling of 
                the International Development Association for 
                the fiscal year involved, as defined by the 
                International Bank for Reconstruction and 
                Development; and
                  (B) the country meets the requirements of 
                paragraph (1)(B).
          (3) Rule of construction.--For the purposes of 
        determining whether a country is eligible for receiving 
        assistance under section 605 pursuant to paragraph 
        (1)(B), the exercise by the President, the Secretary of 
        State, or any other officer or employee of the United 
        States of any waiver or suspension of any provision of 
        law referred to in such paragraph, and notification to 
        the appropriate congressional committees in accordance 
        with such provision of law, shall be construed as 
        satisfying the requirement of such paragraph.
    (b) Lower Middle Income Countries.--
          (1) In general.--In addition to countries described 
        in subsection (a), a country shall be a candidate 
        country for purposes of eligibility for assistance for 
        fiscal year 2006 or a subsequent fiscal year if the 
        country--
                  (A) is classified as a lower middle income 
                country in the then most recent edition of the 
                World Development Report for Reconstruction and 
                Development published by the International Bank 
                for Reconstruction and Development and has an 
                income greater than the historical ceiling for 
                International Development Association 
                eligibility for the fiscal year involved; and
                  (B) meets the requirements of subsection 
                (a)(1)(B).
          (2) Limitation.--The total amount of assistance 
        provided to countries described in paragraph (1) for 
        fiscal year 2006 or any subsequent fiscal year may not 
        exceed 25 percent of the total amount of assistance 
        provided to all countries under section 605 for fiscal 
        year 2006 or the subsequent fiscal year, as the case 
        may be.
    (c) Identification by the Board.--The Board shall identify 
whether a country is a candidate country for purposes of this 
section.

SEC. 607.\9\ ELIGIBLE COUNTRIES.

    (a) Determination by the Board.--The Board shall determine 
whether a candidate country is an eligible country for purposes 
of this section. Such determination shall be based, to the 
maximum extent possible, upon objective and quantifiable 
indicators of a country's demonstrated commitment to the 
criteria in subsection (b), and shall, where appropriate, take 
into account and assess the role of women and girls.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 7706.
---------------------------------------------------------------------------
    (b) Criteria.--A candidate country should be considered to 
be an eligible country for purposes of this section if the 
Board determines that the country has demonstrated a commitment 
to--
          (1) just and democratic governance, including a 
        demonstrated commitment to--
                  (A) promote political pluralism, equality, 
                and the rule of law;
                  (B) respect human and civil rights, including 
                the rights of people with disabilities;
                  (C) protect private property rights;
                  (D) encourage transparency and accountability 
                of government; and
                  (E) combat corruption;
          (2) economic freedom, including a demonstrated 
        commitment to economic policies that--
                  (A) encourage citizens and firms to 
                participate in global trade and international 
                capital markets;
                  (B) promote private sector growth and the 
                sustainable management of natural resources;
                  (C) strengthen market forces in the economy; 
                and
                  (D) respect worker rights, including the 
                right to form labor unions; and
          (3) investments in the people of such country, 
        particularly women and children, including programs 
        that--
                  (A) promote broad-based primary education; 
                and
                  (B) strengthen and build capacity to provide 
                quality public health and reduce child 
                mortality.
    (c) Selection by the Board.--
          (1) In general.--At the time the Board determines 
        eligible countries under this section for a fiscal 
        year, the Board shall select those eligible countries 
        with respect to which the United States will initially 
        seek to enter into a Millennium Challenge Compact 
        pursuant to section 609.
          (2) Factors.--In selecting eligible countries under 
        paragraph (1), the Board shall consider the following 
        factors:
                  (A) The extent to which the country clearly 
                meets or exceeds the eligibility criteria.
                  (B) The opportunity to reduce poverty and 
                generate economic growth in the country.
                  (C) The availability of amounts to carry out 
                this title.
    (d) Establishment of Criteria and Methodology.--The 
criteria and methodology submitted by the Board to Congress and 
published in the Federal Register under section 608(b)(2) with 
respect to a fiscal year shall remain fixed for purposes of 
eligibility determinations for such year.
    (e) Annual Modification of Criteria and Methodology.--As 
appropriate, the Board, acting through the Chief Executive 
Officer, shall review the eligibility criteria and methodology 
and modify such criteria and methodology in subsequent years 
consistent with section 608(b).

SEC. 608.\10\ CONGRESSIONAL AND PUBLIC NOTIFICATION OF CANDIDATE 
                    COUNTRIES, ELIGIBILITY CRITERIA, AND ELIGIBLE 
                    COUNTRIES.

    (a) Identification of Candidate Countries.--Not later than 
90 days prior to the date on which the Board determines 
eligible countries under section 607 for a fiscal year, the 
Chief Executive Officer--
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    \10\ 22 U.S.C. 7707.
    The Millennium Challenge Corporation reported on the criteria and 
methodology for identifying candidate countries in Department of State 
Public Notice 4646 (69 F.R. 10497; March 2, 2004); Millennium Challenge 
Corporation Notice FR 04-09 (69 F.R. 53090; August 26, 2004); and 
Millennium Challenge Corporation Notice FR 05-16 (70 F.R. 53392; 
September 2, 2005).
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          (1) shall prepare and submit to the appropriate 
        congressional committees a report that contains a list 
        of all candidate countries identified under section 
        606, and all countries that would be candidate 
        countries if the countries met the requirement 
        contained in section 606(a)(1)(B), for the fiscal year; 
        and
          (2) shall publish in the Federal Register the 
        information contained in the report described in 
        paragraph (1).
    (b) Identification of Eligibility Criteria and 
Methodology.--Not later than 60 days prior to the date on which 
the Board determines eligible countries under section 607 for a 
fiscal year, the Chief Executive Officer--
          (1) shall prepare and submit to the appropriate 
        congressional committees a report that contains a list 
        of the criteria and methodology described in 
        subsections (a) and (b) of section 607 that will be 
        used to determine eligibility for each candidate 
        country identified under subsection (a);
          (2) shall publish in the Federal Register the 
        information contained in the report described in 
        paragraph (1); and
          (3) may conduct one or more public hearings on the 
        eligibility criteria and methodology.
    (c) Public Comment and Congressional Consultation.--
          (1) Public comment.--The Chief Executive Officer 
        shall, for the 30-day period beginning on the date of 
        publication in the Federal Register of the information 
        contained in the report described in subsection (b)(1), 
        accept public comment and consider such comment for 
        purposes of determining eligible countries under 
        section 607.
          (2) Congressional consultation.--The Chief Executive 
        Officer shall consult with the appropriate 
        congressional committees on the extent to which the 
        candidate countries meet the criteria described in 
        section 607(b).
    (d) Identification of Eligible Countries.--Not later than 5 
days after the date on which the Board determines eligible 
countries under section 607 for a fiscal year, the Chief 
Executive Officer--
          (1) shall prepare and submit to the appropriate 
        congressional committees a report that contains a list 
        of all such eligible countries, an identification of 
        those countries on such list with respect to which the 
        Board will seek to enter into a Compact under section 
        609, and a justification for such eligibility 
        determination and selection for Compact negotiation; 
        and
          (2) shall publish in the Federal Register the 
        information contained in the report described in 
        paragraph (1).

SEC. 609.\11\ MILLENNIUM CHALLENGE COMPACT.

    (a) Compact.--The Board, acting through the Chief Executive 
Officer of the Corporation, may provide assistance for an 
eligible country only if the country enters into an agreement 
with the United States, to be known as a ``Millennium Challenge 
Compact'', that establishes a multi-year plan for achieving 
shared development objectives in furtherance of the purposes of 
this title.
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    \11\ 22 U.S.C. 7708.
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    (b) Elements.--
          (1) In general.--The Compact should take into account 
        the national development strategy of the eligible 
        country and shall contain--
                  (A) the specific objectives that the country 
                and the United States expect to achieve during 
                the term of the Compact;
                  (B) the responsibilities of the country and 
                the United States in the achievement of such 
                objectives;
                  (C) regular benchmarks to measure, where 
                appropriate, progress toward achieving such 
                objectives;
                  (D) an identification of the intended 
                beneficiaries, disaggregated by income level, 
                gender, and age, to the maximum extent 
                practicable;
                  (E) a multi-year financial plan, including 
                the estimated amount of contributions by the 
                Corporation and the country and proposed 
                mechanisms to implement the plan and provide 
                oversight, that describes how the requirements 
                of subparagraphs (A) through (D) will be met, 
                including identifying the role of civil society 
                in the achievement of such requirements;
                  (F) where appropriate, a description of the 
                current and potential participation of other 
                donors in the achievement of such objectives;
                  (G) a plan to ensure appropriate fiscal 
                accountability for the use of assistance 
                provided under section 605;
                  (H) where appropriate, a process or processes 
                for consideration of solicited proposals under 
                the Compact as well as a process for 
                consideration of unsolicited proposals by the 
                Corporation and national, regional, or local 
                units of government;
                  (I) a requirement that open, fair, and 
                competitive procedures are used in a 
                transparent manner in the administration of 
                grants or cooperative agreements or the 
                procurement of goods and services for the 
                accomplishment of objectives under the Compact;
                  (J) the strategy of the eligible country to 
                sustain progress made toward achieving such 
                objectives after expiration of the Compact; and
                  (K) a description of the role of the United 
                States Agency for International Development in 
                any design, implementation, and monitoring of 
                programs and activities funded under the 
                Compact.
          (2) Lower middle income countries.--In addition to 
        the elements described in subparagraphs (A) through (K) 
        of paragraph (1), with respect to a lower middle income 
        country described in section 606(b), the Compact shall 
        identify a contribution, as appropriate, from the 
        country relative to its national budget, taking into 
        account the prevailing economic conditions, toward 
        meeting the objectives of the Compact. Any such 
        contribution should be in addition to government 
        spending allocated for such purposes in the country's 
        budget for the year immediately preceding the 
        establishment of the Compact and should continue for 
        the duration of the Compact.
          (3) Definition.--In this subsection, the term 
        ``national development strategy'' means any strategy to 
        achieve market-driven economic growth and eliminate 
        extreme poverty that has been developed by the 
        government of the country in consultation with a wide 
        variety of civic participation, including 
        nongovernmental organizations, private and voluntary 
        organizations, academia, women's and student 
        organizations, local trade and labor unions, and the 
        business community.
    (c) Additional Provision Relating to Prohibition on 
Taxation.--In addition to the elements described in subsection 
(c), each Compact shall contain a provision that states that 
assistance provided by the United States under the Compact 
shall be exempt from taxation by the government of the eligible 
country.
    (d) Local Input.--In entering into a Compact, the United 
States shall seek to ensure that the government of an eligible 
country--
          (1) takes into account the local-level perspectives 
        of the rural and urban poor, including women, in the 
        eligible country; and
          (2) consults with private and voluntary 
        organizations, the business community, and other donors 
        in the eligible country.
    (e) Consultation.--During any discussions with a country 
for the purpose of entering into a Compact with the country, 
officials of the Corporation participating in such discussions 
shall, at a minimum, consult with appropriate officials of the 
United States Agency for International Development, 
particularly with those officials responsible for the 
appropriate region or country on development issues related to 
the Compact.
    (f) Coordination With Other Donors.--To the maximum extent 
feasible, activities undertaken to achieve the objectives of 
the Compact shall be undertaken in coordination with the 
assistance activities of other donors.
    (g) Assistance for Development of Compact.--Notwithstanding 
subsection (a), the Chief Executive Officer may enter into 
contracts or make grants for any eligible country for the 
purpose of facilitating the development and implementation of 
the Compact between the United States and the country.
    (h) Requirement for Approval by the Board.--Each Compact 
shall be approved by the Board before the United States enters 
into the Compact.
    (i) Increase or Extension of Assistance Under a Compact.--
Not later than 15 days after making a determination to increase 
or extend assistance under a Compact with an eligible country, 
the Board, acting through the Chief Executive Officer--
          (1) shall prepare and transmit to the appropriate 
        congressional committees a written report and 
        justification that contains a detailed summary of the 
        proposed increase in or extension of assistance under 
        the Compact and a copy of the full text of the 
        amendment to the Compact; and
          (2) shall publish a detailed summary, full text, and 
        justification of the proposed increase in or extension 
        of assistance under the Compact in the Federal Register 
        and on the Internet website of the Corporation.
    (j) Duration of Compact.--The duration of a Compact shall 
not exceed 5 years.
    (k) Subsequent Compacts.--An eligible country and the 
United States may enter into and have in effect only one 
Compact at any given time under this section. An eligible 
country and the United States may enter into one or more 
subsequent Compacts in accordance with the requirements of this 
title after the expiration of the existing Compact.

SEC. 610.\12\ CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT.

    (a) Congressional Consultation Prior to Compact 
Negotiations.--Not later than 15 days prior to the start of 
negotiations of a Compact with an eligible country, the Board, 
acting through the Chief Executive Officer--
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    \12\ 22 U.S.C. 7709. In 2005, the Millennium Challenge Corporation 
issued notices of entering into a compact for: Madagascar (MCC FR 05-
05; April 25, 2005; 70 F.R. 22065); Honduras (MCC FR 05-08; June 17, 
2005; 70 F.R. 36699); Cape Verde (MCC FR 05-12; July 14, 2005; 70 F.R. 
42624); Nicaragua (MCC FR 05-14; July 28, 2005; 70 F.R. 44422); and 
Georgia (MCC FR 05-17; September 29, 2005; 70 F.R. 58900).
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          (1) shall consult with the appropriate congressional 
        committees with respect to the proposed Compact 
        negotiation; and
          (2) shall identify the objectives and mechanisms to 
        be used for the negotiation of the Compact.
    (b) Congressional and Public Notification After Entering 
Into a Compact.--Not later than 10 days after entering into a 
Compact with an eligible country, the Board, acting through the 
Chief Executive Officer--
          (1) shall provide notification of the Compact to the 
        appropriate congressional committees, including a 
        detailed summary of the Compact and a copy of the text 
        of the Compact; and
          (2) shall publish such detailed summary and the text 
        of the Compact in the Federal Register and on the 
        Internet website of the Corporation.

SEC. 611.\13\ SUSPENSION AND TERMINATION OF ASSISTANCE.

    (a) Suspension and Termination of Assistance.--After 
consultation with the Board, the Chief Executive Officer may 
suspend or terminate assistance in whole or in part for a 
country or entity under section 605 if the Chief Executive 
Officer determines that--
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    \13\ 22 U.S.C. 7710.
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          (1) the country or entity is engaged in activities 
        which are contrary to the national security interests 
        of the United States;
          (2) the country or entity has engaged in a pattern of 
        actions inconsistent with the criteria used to 
        determine the eligibility of the country or entity, as 
        the case may be; or
          (3) the country or entity has failed to adhere to its 
        responsibilities under the Compact.
    (b) Reinstatement.--The Chief Executive Officer may 
reinstate assistance for a country or entity under section 605 
only if the Chief Executive Officer determines that the country 
or entity has demonstrated a commitment to correcting each 
condition for which assistance was suspended or terminated 
under subsection (a).
    (c) Congressional Notification.--Not later than 3 days 
after the date on which the Chief Executive Officer suspends or 
terminates assistance under subsection (a) for a country or 
entity, or reinstates assistance under subsection (b) for a 
country or entity, the Chief Executive Officer shall submit to 
the appropriate congressional committees a report that contains 
the determination of the Chief Executive Officer under 
subsection (a) or subsection (b), as the case may be.
    (d) Rule of Construction.--The authority to suspend or 
terminate assistance under this section includes the authority 
to suspend or terminate obligations and sub-obligations.

SEC. 612.\14\ DISCLOSURE.

    (a) Requirement for Disclosure.--The Corporation shall make 
available to the public on at least a quarterly basis, the 
following information:
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    \14\ 22 U.S.C. 7711.
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          (1) For assistance provided under section 605--
                  (A) the name of each entity to which 
                assistance is provided;
                  (B) the amount of assistance provided to the 
                entity; and
                  (C) a description of the program or project, 
                including--
                          (i) a description of whether the 
                        program or project was solicited or 
                        unsolicited; and
                          (ii) a detailed description of the 
                        objectives and measures for results of 
                        the program or project.
          (2) For funds allocated or transferred under section 
        619(b)--
                  (A) the name of each United States Government 
                agency to which such funds are transferred or 
                allocated;
                  (B) the amount of funds transferred or 
                allocated to such agency; and
                  (C) a description of the program or project 
                to be carried out by such agency with such 
                funds.
    (b) Dissemination.--The information required to be 
disclosed under subsection (a) shall be made available to the 
public by means of publication in the Federal Register and on 
the Internet website of the Corporation, as well as by any 
other methods that the Board determines appropriate.

SEC. 613.\15\ ANNUAL REPORT.

    (a) Report.--Not later than March 31, 2005, and each March 
31 thereafter, the President shall submit to Congress a report 
on the assistance provided under section 605 during the prior 
fiscal year.
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    \15\ 22 U.S.C. 7712. In a memorandum of March, 31, 2005, the 
President delegated functions under this section to the Secretary of 
State (70 F.R. 17195).
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    (b) Contents.--The report shall include the following:
          (1) The amount of obligations and expenditures for 
        assistance provided to each eligible country during the 
        prior fiscal year.
          (2) For each eligible country, an assessment of--
                  (A) the progress made during each year by the 
                country toward achieving the objectives set out 
                in the Compact entered into by the country; and
                  (B) the extent to which assistance provided 
                under section 605 has been effective in helping 
                the country to achieve such objectives.
          (3) A description of the coordination of assistance 
        provided under section 605 with other United States 
        foreign assistance and related trade policies.
          (4) A description of the coordination of assistance 
        provided under section 605 with assistance provided by 
        other donor countries.
          (5) Any other information the President considers 
        relevant with respect to assistance provided under 
        section 605.
    (a) Powers.--The Corporation--

SEC. 614.\16\ POWERS OF THE CORPORATION; RELATED PROVISIONS.

          (1) shall have perpetual succession unless dissolved 
        by a law enacted after the date of the enactment of 
        this Act;
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    \16\ 22 U.S.C. 7713.
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          (2) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
          (3) may make and perform such contracts, grants, and 
        other agreements with any person or government however 
        designated and wherever situated, as may be necessary 
        for carrying out the functions of the Corporation;
          (4) may determine and prescribe the manner in which 
        its obligations shall be incurred and its expenses 
        allowed and paid, including expenses for 
        representation;
          (5) may lease, purchase, or otherwise acquire, 
        improve, and use such real property wherever situated, 
        as may be necessary for carrying out the functions of 
        the Corporation;
          (6) may accept cash gifts or donations of services or 
        of property (real, personal, or mixed), tangible or 
        intangible, for the purpose of carrying out the 
        provisions of this title;
          (7) may use the United States mails in the same 
        manner and on the same conditions as the executive 
        departments;
          (8) may contract with individuals for personal 
        services, who shall not be considered Federal employees 
        for any provision of law administered by the Office of 
        Personnel Management;
          (9) may hire or obtain passenger motor vehicles; and
          (10) shall have such other powers as may be necessary 
        and incident to carrying out this title.
    (b) Principal Office.--The Corporation shall maintain its 
principal office in the metropolitan area of Washington, 
District of Columbia.
    (c) Positions With Foreign Governments.--When approved by 
the Chief Executive Officer, for purposes of implementing a 
Compact, employees of the Corporation (including individuals 
detailed to the Corporation) may accept and hold offices or 
positions to which no compensation is attached with governments 
or governmental agencies of foreign countries or with 
international organizations.
    (d) Other Authorities.--Except to the extent inconsistent 
with the provisions of this title, the administrative 
authorities contained in the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to 
the implementation of this title to the same extent and in the 
same manner as such authorities apply to the implementation of 
those Acts.
    (e) Applicability of Government Corporation Control Act.--
          (1) In general.--The Corporation shall be subject to 
        chapter 91 of subtitle VI of title 31, United States 
        Code, except that the Corporation shall not be 
        authorized to issue obligations or offer obligations to 
        the public.
          (2) Conforming amendment.--Section 9101(3) of title 
        31, United States Code, is amended by adding at the end 
        the following:
                  ``(Q) the Millennium Challenge 
                Corporation.''.
    (f) Inspector General.--
          (1) In general.--The Inspector General of the United 
        States Agency for International Development shall serve 
        as Inspector General of the Corporation, and, in acting 
        in such capacity, may conduct reviews, investigations, 
        and inspections of all aspects of the operations and 
        activities of the Corporation.
          (2) Authority of the board.--In carrying out the 
        responsibilities under this subsection, the Inspector 
        General shall report to and be under the general 
        supervision of the Board.
          (3) Reimbursement and authorization of services.--
                  (A) Reimbursement.--The Corporation shall 
                reimburse the United States Agency for 
                International Development for all expenses 
                incurred by the Inspector General in connection 
                with the Inspector General's responsibilities 
                under this subsection.
                  (B) Authorization for services.--Of the 
                amount authorized to be appropriated under 
                section 619(a) for a fiscal year, up to 
                $5,000,000 is authorized to be made available 
                to the Inspector General of the United States 
                Agency for International Development to conduct 
                reviews, investigations, and inspections of 
                operations and activities of the Corporation.
    (g) Special Assistance.--
          (1) In general.--The Chief Executive Officer is 
        authorized to contract with any nongovernmental 
        organization (including a university, independent 
        foundation, or other organization) in the United States 
        or in a candidate country, and, where appropriate, 
        directly with a governmental agency of any such 
        country, that is undertaking research aimed at 
        improving data related to eligibility criteria under 
        this title with respect to the country.
          (2) Funding.--Of the amount authorized to be 
        appropriated under section 619(a) for a fiscal year, up 
        to $5,000,000 is authorized to be made available to 
        carry out paragraph (1).

SEC. 615.\17\ COORDINATION WITH UNITED STATES AGENCY FOR INTERNATIONAL 
                    DEVELOPMENT.

    (a) Requirement for Coordination.--The Chief Executive 
Officer shall consult with the Administrator of the United 
States Agency for International Development in order to 
coordinate the activities of the Corporation with the 
activities of the Agency.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 7714.
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    (b) USAID Programs.--The Administrator of the United States 
Agency for International Development shall seek to ensure that 
appropriate programs of the Agency play a primary role in 
preparing candidate countries to become eligible countries.

SEC. 616.\18\ ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.

    (a) Authorization.--The Board, acting through the Chief 
Executive Officer, is authorized to provide assistance to a 
candidate country described in subsection (b) for the purpose 
of assisting such country to become an eligible country.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 7715.
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    (b) Candidate Country Described.--A candidate country 
referred to in subsection (a) is a candidate country that--
          (1) satisfies the requirements contained in 
        subsection (a) or (b) of section 606; \19\ and
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    \19\ Sec. 2109 of Public Law 109-13 (119 Stat. 268) struck out 
``subparagraphs (A) and (B) of section 606(a)(1)'' and inserted in lieu 
thereof ``subsection (a) or (b) of section 606''.
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          (2) demonstrates a significant commitment to meet the 
        requirements of section 607(b) but fails to meet such 
        requirements (including by reason of the absence or 
        unreliability of data).
    (c) Administration.--Assistance under this section may be 
provided through the United States Agency for International 
Development.
    (d) Funding.--Not more than 10 percent of the amount 
appropriated pursuant to the authorization of appropriations 
under section 619(a) for fiscal year 2004 is authorized to be 
made available to carry out this section.

SEC. 617.\20\ GENERAL PERSONNEL AUTHORITIES.

    (a) Detail of Personnel.--Upon request of the Chief 
Executive Officer, the head of an agency may detail any 
employee of such agency to the Corporation on a reimbursable 
basis. Any employee so detailed remains, for the purpose of 
preserving such employee's allowances, privileges, rights, 
seniority, and other benefits, an employee of the agency from 
which detailed.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 7716.
---------------------------------------------------------------------------
    (b) Reemployment Rights.--
          (1) In general.--An employee of an agency who is 
        serving under a career or career conditional 
        appointment (or the equivalent), and who, with the 
        consent of the head of such agency, transfers to the 
        Corporation, is entitled to be reemployed in such 
        employee's former position or a position of like 
        seniority, status, and pay in such agency, if such 
        employee--
                  (A) is separated from the Corporation for any 
                reason, other than misconduct, neglect of duty, 
                or malfeasance; and
                  (B) applies for reemployment not later than 
                90 days after the date of separation from the 
                Corporation.
          (2) Specific rights.--An employee who satisfies 
        paragraph (1) is entitled to be reemployed (in 
        accordance with such paragraph) within 30 days after 
        applying for reemployment and, on reemployment, is 
        entitled to at least the rate of basic pay to which 
        such employee would have been entitled had such 
        employee never transferred.
    (c) Hiring Authority.--Of persons employed by the 
Corporation, not to exceed 30 persons may be appointed, 
compensated, or removed without regard to the civil service 
laws and regulations.
    (d) Basic Pay.--The Chief Executive Officer may fix the 
rate of basic pay of employees of the Corporation without 
regard to the provisions of chapter 51 of title 5, United 
States Code (relating to the classification of positions), 
subchapter III of chapter 53 of such title (relating to General 
Schedule pay rates), except that no employee of the Corporation 
may receive a rate of basic pay that exceeds the rate for level 
II of the Executive Schedule under section 5313 of such 
title.\21\
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    \21\ The rate of compensation at level II of the Executive Schedule 
in 2006 is $165,200 per annum (Executive Order 13393; 70 F.R. 76655; 
December 22, 2005).
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    (e) Definitions.--In this section--
          (1) the term ``agency'' means an executive agency, as 
        defined by section 105 of title 5, United States Code; 
        and
          (2) the term ``detail'' means the assignment or loan 
        of an employee, without a change of position, from the 
        agency by which such employee is employed to the 
        Corporation.

SEC. 618.\22\ PERSONNEL OUTSIDE THE UNITED STATES.

    (a) Assignment to United States Embassies.--An employee of 
the Corporation, including an individual detailed to or 
contracted by the Corporation, may be assigned to a United 
States diplomatic mission or consular post or a United States 
Agency for International Development field mission.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 7717.
---------------------------------------------------------------------------
    (b) Privileges and Immunities.--The Secretary of State 
shall seek to ensure that an employee of the Corporation, 
including an individual detailed to or contracted by the 
Corporation, and the members of the family of such employee, 
while the employee is performing duties in any country or place 
outside the United States, enjoy the privileges and immunities 
that are enjoyed by a member of the Foreign Service, or the 
family of a member of the Foreign Service, as appropriate, of 
comparable rank and salary of such employee, if such employee 
or a member of the family of such employee is not a national of 
or permanently resident in such country or place.
    (c) Responsibility of Chief of Mission.--An employee of the 
Corporation, including an individual detailed to or contracted 
by the Corporation, and a member of the family of such 
employee, shall be subject to section 207 of the Foreign 
Service Act of 1980 (22 U.S.C. 3927) in the same manner as 
United States Government employees while the employee is 
performing duties in any country or place outside the United 
States if such employee or member of the family of such 
employee is not a national of or permanently resident in such 
country or place.

SEC. 619.\23\ AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this title such sums as may be 
necessary for each of the fiscal years 2004 and 2005.
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    \23\ 22 U.S.C. 7718.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2184), 
provided the following:
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``millennium challenge corporation
---------------------------------------------------------------------------

    ``For necessary expenses for the `Millennium Challenge 
Corporation', $1,770,000,000 to remain available until expended: 
Provided, That of the funds appropriated under this heading, up to 
$75,000,000 may be available for administrative expenses of the 
Millennium Challenge Corporation: Provided further, That up to 10 
percent of the funds appropriated under this heading may be made 
available to carry out the purposes of section 616 of the Millennium 
Challenge Act of 2003 for candidate countries for fiscal year 2006: 
Provided further, That none of the funds available to carry out section 
616 of such Act may be made available until the Chief Executive Officer 
of the Millennium Challenge Corporation provides a report to the 
Committees on Appropriations listing the candidate countries that will 
be receiving assistance under section 616 of such Act, the level of 
assistance proposed for each such country, a description of the 
proposed programs, projects and activities, and the implementing agency 
or agencies of the United States Government: Provided further, That 
section 605(e)(4) of the Millennium Challenge Act of 2003 shall apply 
to funds appropriated under this heading: Provided further, That funds 
appropriated under this heading may be made available for a Millennium 
Challenge Compact entered into pursuant to section 609 of the 
Millennium Challenge Act of 2003 only if such Compact obligates, or 
contains a commitment to obligate subject to the availability of funds 
and the mutual agreement of the parties to the Compact to proceed, the 
entire amount of the United States Government funding anticipated for 
the duration of the Compact.''.
    In title V of that Act, see also sec. 505--Limitation on 
Representational Allowances; sec. 515--Notification Requirements; and 
sec. 574(d)--Limitation on Economic Support Fund Assistance for Certain 
Foreign Governments That Are Parties to the International Criminal 
Court.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
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``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
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    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
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    (b) Allocation of Funds.--
          (1) In general.--The Corporation may allocate or 
        transfer to any agency of the United States Government 
        any of the funds available for carrying out this title. 
        Such funds shall be available for obligation and 
        expenditure for the purposes for which the funds were 
        authorized, in accordance with authority granted in 
        this title or under authority governing the activities 
        of the United States Government agency to which such 
        funds are allocated or transferred.
          (2) Notification.--The Corporation shall notify the 
        appropriate congressional committees not less than 15 
        days prior to an allocation or transfer of funds 
        pursuant to paragraph (1).
                         i. HELP Commission Act

     Section 637 of Division B of Public Law 108-199 [Consolidated 
  Appropriations Act, 2004; H.R. 2673], 118 Stat. 3 at 101, approved 
                            January 23, 2004

    SEC. 637.\1\ (a) This section may be cited as the ``HELP 
Commission Act''.
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    \1\ 22 U.S.C. 2394b.
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    (b)(1) The Congress finds that, despite the long-standing 
efforts and resources of the United States dedicated to helping 
needy people around the world, despair remains and in many 
areas is growing.
    (2) Therefore, a commission should be established to bring 
together the best minds associated with development and 
humanitarian assistance to make a comprehensive review of--
          (A) policy decisions, including why certain 
        development projects are funded and others are not, 
        successes, and best practices, including their 
        applicability to other existing programs and projects;
          (B) delivery obstacles, including the roles of United 
        States agencies and other governmental and 
        nongovernmental organizations;
          (C) methodology, including whether the delivery of 
        United States development assistance always represents 
        best practices and whether it can be improved; and
          (D) results, including measuring improvements in 
        human capacity instead of in purely economic terms.
    (3) An examination of these issues should present new 
approaches and ideas to ensure that United States development 
assistance reaches and benefits its intended recipients.
    (c)(1) \2\ There is established the Helping to Enhance the 
Livelihood of People (HELP) Around the Globe Commission (in 
this section referred to as the ``Commission'').
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    \2\ Title V of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2004 (division B of 
Public Law 108-199; 118 Stat. 89) provided $3,000,000, to remain 
available until expended, for necessary expenses of the HELP 
Commission. Title V of the Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 2005 (division B of Public Law 
108-447; 118 Stat. 2809) provided $1,000,000, to remain available until 
expended.
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    (2) The Commission shall--
          (A) identify the past and present objectives of 
        United States development assistance, identify cases in 
        which those objectives have been met, identify the 
        beneficiaries of such assistance, and what percentage 
        of the funds provided actually reached the intended 
        beneficiaries;
          (B) identify cases in which United States development 
        assistance has been most successful, and analyze how 
        such successes may be transferable to other countries 
        or areas;
          (C) study ways to expand educational opportunities 
        and investments in people, and assess infrastructure 
        needs;
          (D) analyze how the United States could place 
        conditions on governments in countries receiving United 
        States development assistance, in light of and 
        notwithstanding the objectives of the Millennium 
        Challenge Account;
          (E) analyze ways in which the United States can 
        coordinate its development assistance programs with 
        those of other donor countries and international 
        organizations;
          (F) analyze ways in which the safety of development 
        assistance workers can be ensured, particularly in the 
        midst of conflicts;
          (G) compare the effectiveness of increased and open 
        trade with development assistance, and analyze the 
        advantages and disadvantages of such trade and whether 
        such trade could be a more effective alternative to 
        United States development assistance;
          (H) analyze ways in which the United States can 
        strengthen the capacity of indigenous nongovernmental 
        organizations to be more effective in grassroots 
        development;
          (I) analyze ways in which decisions on providing 
        development assistance can involve more of the people 
        of the recipient countries;
          (J) analyze ways in which results can be measured if 
        United States development assistance is targeted to the 
        least developed countries;
          (K) recommend standards that should be set for 
        ``graduating'' recipient countries from United States 
        development assistance;
          (L) analyze whether United States development 
        assistance should be used as a means to achieve United 
        States foreign policy objectives;
          (M) analyze how the United States can evaluate the 
        performance of its development assistance programs not 
        only against economic indicators, but in other ways, 
        including how to measure the success of United States 
        development assistance in democratization efforts; and 
        evaluate the existing foreign assistance framework to 
        ascertain the degree of coordination or lack thereof, 
        of the disparate foreign development programs as 
        administered by the various Federal agencies, to 
        identify and assess the redundancies of programs and 
        organizational structures engaged in foreign 
        assistance, and to recommend revisions to authorizing 
        legislation for foreign assistance that would seek to 
        reconcile competing foreign policy and foreign aid 
        goals; and
          (N) study any other areas that the Commission 
        considers necessary relating to United States 
        development assistance.
    (d)(1) The Commission shall be composed of 21 members as 
follows:
          (A) Six members shall be appointed by the President, 
        of whom at least two shall be representatives of 
        nongovernmental organizations.
          (B) Four members shall be appointed by the majority 
        leader of the Senate, and three members shall be 
        appointed by the minority leader of the Senate.
          (C) Four members shall be appointed by the Speaker of 
        the House of Representatives, and three members shall 
        be appointed by the minority leader of the House of 
        Representatives.
          (D) The Administrator of the United States Agency for 
        International Development shall serve as a member of 
        the Commission, ex officio.
    (2) Members under subparagraphs (A) through (C) of 
paragraph (1) shall be appointed for the life of the 
Commission.
    (3) Members of the Commission shall be selected from among 
individuals noted for their knowledge and experience in foreign 
assistance, particularly development and humanitarian 
assistance.
    (4) The appointments under paragraph (1) shall be made not 
later than 60 days after the date of the enactment of this 
section.
    (5) The President shall designate one of the members of the 
Commission not currently in Government service as the Chair of 
the Commission.
    (6) In order to facilitate the workload of the Commission, 
the Commission shall divide the membership of the Commission 
into three subcommittees representing the different regions of 
the world to which the United States provides development 
assistance, the membership of each subcommittee to be 
proportional to the percentage of United States development 
assistance provided to the region represented by the 
subcommittee. Each subcommittee shall elect one of its members 
as Chair of the subcommittee.
    (7)(A) Eleven members of the Commission shall constitute a 
quorum for purposes of transacting the business of the 
Commission. The Commission shall meet at the call of the Chair.
    (B) A majority of the members of each regional subcommittee 
shall constitute a quorum for purposes of transacting the 
business of the subcommittee. Each subcommittee shall meet at 
the call of the Chair of the subcommittee.
    (8) Any vacancy of the Commission shall not affect its 
powers, but shall be filled in the manner in which the original 
appointment was made.
    (9) The Administrator of General Services shall provide to 
the Commission on a reimbursable basis (or, in the discretion 
of the Administrator, on a nonreimbursable basis) such 
administrative support services as the Commission may request 
to carry out this section.
    (10)(A) Subject to subparagraph (B), members of the 
Commission shall serve without pay.
    (B) Members of the Commission who are full-time officers or 
employees of the United States or Members of Congress may not 
receive additional pay, allowances, or benefits by reason of 
their service on the Commission.
    (11) Members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the Commission.
    (12)(A) The Chairman of the Commission may, without regard 
to the civil service laws and regulations, appoint and 
terminate an executive director and such other additional 
personnel as may be necessary to enable the Commission to 
perform its duties. The employment of an executive director 
shall be subject to confirmation by the Commission.
    (B) To the extent or in the amounts provided in advance in 
appropriations Acts--
          (i) the executive director shall be compensated at 
        the rate payable for level V of the Executive Schedule 
        under section 5316 of title 5, United States Code; \3\ 
        and
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    \3\ The rate of compensation at level V of the Executive Schedule 
in 2006 is $133,900 per annum (Executive Order 13393; 70 F.R. 76655; 
December 22, 2005).
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          (ii) the Chairman of the Commission may fix the 
        compensation of other personnel without regard to the 
        provisions of chapter 51 and subchapter III of chapter 
        53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay 
        rates, except that the rate of pay for such personnel 
        may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.\3\
    (e)(1) The Commission may, for the purpose of carrying out 
its functions under this section, hold hearings, sit and act at 
times and places in the United States and in countries that 
receive United States development assistance, take testimony, 
and receive evidence as the Commission considers advisable to 
carry out the purposes of this section.
    (2) The Commission may secure directly from any Federal 
department or agency such information as the Commission 
considers necessary to carry out the provisions of this 
section. Upon request of the Chair of the Commission, the head 
of such department or agency shall furnish such information to 
the Commission, subject to applicable law.
    (3) 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) The Commission may adopt such rules and regulations, 
relating to administrative procedure, as may be reasonably 
necessary to enable it to carry out the provisions of this 
section.
    (5) The Members of the Commission may, with the approval of 
the Commission, conduct such travel as is necessary to carry 
out the purposes of this section. Each trip must be approved by 
a majority of the Commission.
    (6) Upon the request of the Commission, the head of any 
Federal department or agency may detail, on a reimbursable or 
nonreimbursable basis, any of the personnel of that department 
or agency to the Commission to assist it in carrying out its 
functions under this section. The detail of any such personnel 
shall be without interruption or loss of civil service or 
Foreign Service status or privilege.
    (f)(1) Not later than 2 years after the members of the 
Commission are appointed under subsection (d)(1), the 
Commission shall submit a report to the President, the 
Secretary of State, 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, setting forth its 
findings and recommendations under section (c)(2).
    (2) The report may be submitted in classified form, 
together with a public summary of recommendations, if the 
classification of information would further the purposes of 
this section.
    (3) Each members of the Commission may include the 
individual or dissenting views of the member.
    (g) The Federal Advisory Committee (5 U.S.C. App.) shall 
not apply to the Commission.
    (h) In this section, the term ``United States development 
assistance'' means--
          (1) assistance provided under any other provision of 
        law to carry out purposes comparable to those set forth 
        in the provisions referred to in paragraph (1).
                          (2) assistance provided under any 
                        other provision of law to carry out 
                        purposes comparable to those set forth 
                        in the provisions referred to in 
                        paragraph (1).
    (i)(1) There are authorized to be appropriated to the 
Commission such sums as may be necessary to carry out this 
section.
    (2) Amounts authorized to be appropriated under subsection 
(a) are authorized to remain available until expended, but not 
later than the date of termination of the Commission.
    (j) The Commission shall terminate 30 days after the 
submission of its report under subsection (f).
    (k) \4\ (1) Not later than April 1, 2004, and April 1 of 
each third year thereafter, the President shall transmit to the 
Congress a report that analyzes, on a country-by-country basis, 
the impact and effectiveness of United States economic 
assistance furnished to each country during the preceding 3 
fiscal years. The report shall include the following for each 
recipient country:
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    \4\ Though subsec. (k) was enacted as part of the HELP Commission 
Act, the required report is not related to the HELP Commission and is 
required not of the Commission but the President; it should probably 
have been enacted as a separate section. See also sec. 634 of the 
Foreign Assistance Act of 1961, which requires the Chairman of the 
Development Coordination Committee to report annually to Congress on 
American foreign policy and the effectiveness and impact of U.S. 
foreign aid.
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          (A) An analysis of the impact of United States 
        economic assistance during the preceding 3 fiscal years 
        on economic development in that country, with a 
        discussion of the United States interests that were 
        served by the assistance. The analysis shall be done on 
        a sector-by-sector basis to the extent possible and 
        shall identify any economic policy reforms that were 
        promoted by the assistance. The analysis shall--
                  (i) include a description, quantified to the 
                extent practicable, of the specific objectives 
                the Untied States sought to achieve in 
                providing economic assistance for that country; 
                and
                  (ii) specify the extent to which those 
                objectives were not achieved, with an 
                explanation of why they were not achieved.
          (B) A description of the amount and nature of 
        economic assistance provided by other donors during the 
        preceding 3 fiscal years, set forth by development 
        sector to the extent possible.
          (C) A discussion of the commitment of the host 
        government to addressing the country's needs in each 
        development sector, including a description of the 
        resources devoted by that government to each 
        development sector during the preceding 3 fiscal years.
          (D) A description of the trends, both favorable and 
        unfavorable, in each development sector.
          (E) Statistical and other information necessary to 
        evaluate the impact and effectiveness of United States 
        economic assistance on development in the country.
          (F) A comparison of the analysis provided in the 
        report with relevant analyses by international 
        financial institutions, other international 
        organizations, other donor countries, or 
        nongovernmental organizations.
    (2) The report required by this section shall identify--
          (A) each country in which United States economic 
        assistance has been most successful, as indicated by 
        the extent to which the specific objectives the United 
        States sought to achieve in providing the assistance 
        for the country, as referred to in paragraph (1)(A)(i), 
        were achieved; and
          (B) each country in which United States economic 
        assistance has been least successful, as indicated by 
        the extent to which the specific objectives the United 
        States sought to achieve in providing the assistance 
        for the country, as referred to in paragraph (1)(A)(i), 
        were not achieved; and, for each such country, an 
        explanation of why the assistance was not more 
        successful and a specification of what the United 
        States has done as a result.
    (3) Information under paragraphs (1) and (2) for a fiscal 
year shall not be required with respect to a country for which 
United States economic assistance for the country for the 
fiscal year is less than $5,000,000.
    (4) In this subsection, the term ``United States economic 
assistance'' means any bilateral economic assistance, from any 
budget functional category, that is provided by any department 
or agency of the United States to a foreign country, including 
such assistance that is intended--
          (A) to assist the development and economic 
        advancement of friendly foreign countries and peoples;
          (B) to promote the freedom, aspirations, or 
        sustenance of friendly peoples under oppressive rule by 
        unfriendly governments;
          (C) to promote international trade and foreign direct 
        investment as a means of aiding economic growth;
          (D) to save lives and alleviate suffering of foreign 
        peoples during or following wars, natural disasters, or 
        complex crises;
          (E) to assist in recovery and rehabilitation of 
        countries or peoples following disaster or war;
          (F) to protect refugees and promote durable solutions 
        to aid refugees;
          (G) to promote sound environmental practices;
          (H) to assist in development of democratic 
        institutions and good governance by the people of 
        foreign countries;
          (I) to promote peace and reconciliation or prevention 
        of conflict;
          (J) to improve the technical capacities of 
        governments to reduce production of and demand for 
        illicit narcotics; and
          (K) to otherwise promote through bilateral foreign 
        economic assistance the national objectives of the 
        United States.
  j. Syria Accountability and Lebanese Sovereignty Restoration Act of 
                                  2003

 Public Law 108-175 [H.R. 1828], 117 Stat. 2482, approved December 12, 
                                  2003

  AN ACT To halt Syrian support for terrorism, end its occupation of 
 Lebanon, and stop its development of weapons of mass destruction, and 
   by so doing hold Syria accountable for the serious international 
   security problems it has caused in the Middle East, 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.
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    \1\ 22 U.S.C. 2151 note. On May 11, 2004, the President issued 
Executive Order 13338 (69 F.R. 26751) to block property of certain 
persons and to prohibit the export of certain goods to Syria, as 
authorized by this Act (sec. 5), the National Emergencies Act (50 
U.S.C. 1601 et seq.) and the International Emergency Economic Powers 
Act (50 U.S.C. 1701 et seq.). See also Supplement No. 1 to 15 CFR Part 
736, in which the Department of Commerce implements this Act (69 F.R. 
26766).
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    This Act may be cited as the ``Syria Accountability and 
Lebanese Sovereignty Restoration Act of 2003''.

SEC. 2.\1\ FINDINGS.

    Congress makes the following findings:
          (1) On June 24, 2002, President Bush stated ``Syria 
        must choose the right side in the war on terror by 
        closing terrorist camps and expelling terrorist 
        organizations''.
          (2) United Nations Security Council Resolution 1373 
        (September 28, 2001) mandates that all states ``refrain 
        from providing any form of support, active or passive, 
        to entities or persons involved in terrorist acts'', 
        take ``the necessary steps to prevent the commission of 
        terrorist acts'', and ``deny safe haven to those who 
        finance, plan, support, or commit terrorist acts''.
          (3) The Government of Syria is currently prohibited 
        by United States law from receiving United States 
        assistance because it has repeatedly provided support 
        for acts of international terrorism, as determined by 
        the Secretary of State for purposes of section 6(j)(1) 
        of the Export Administration Act of 1979 (50 U.S.C. 
        App. 2405(j)(1)) and other relevant provisions of law.
          (4) Although the Department of State lists Syria as a 
        state sponsor of terrorism and reports that Syria 
        provides ``safe haven and support to several terrorist 
        groups'', fewer United States sanctions apply with 
        respect to Syria than with respect to any other country 
        that is listed as a state sponsor of terrorism.
          (5) Terrorist groups, including Hizballah, Hamas, 
        Palestinian Islamic Jihad, the Popular Front for the 
        Liberation of Palestine, and the Popular Front for the 
        Liberation of Palestine--General Command, maintain 
        offices, training camps, and other facilities on Syrian 
        territory, and operate in areas of Lebanon occupied by 
        the Syrian armed forces and receive supplies from Iran 
        through Syria.
          (6) United Nations Security Council Resolution 520 
        (September 17, 1982) calls for ``strict respect of the 
        sovereignty, territorial integrity, unity and political 
        independence of Lebanon under the sole and exclusive 
        authority of the Government of Lebanon through the 
        Lebanese Army throughout Lebanon''.
          (7) Approximately 20,000 Syrian troops and security 
        personnel occupy much of the sovereign territory of 
        Lebanon exerting undue influence upon its government 
        and undermining its political independence.
          (8) Since 1990 the Senate and House of 
        Representatives have passed seven bills and resolutions 
        which call for the withdrawal of Syrian armed forces 
        from Lebanon.
          (9) On March 3, 2003, Secretary of State Colin Powell 
        declared that it is the objective of the United States 
        to ``let Lebanon be ruled by the Lebanese people 
        without the presence of [the Syrian] occupation army''.
          (10) Large and increasing numbers of the Lebanese 
        people from across the political spectrum in Lebanon 
        have mounted peaceful and democratic calls for the 
        withdrawal of the Syrian Army from Lebanese soil.
          (11) Israel has withdrawn all of its armed forces 
        from Lebanon in accordance with United Nations Security 
        Council Resolution 425 (March 19, 1978), as certified 
        by the United Nations Secretary General.
          (12) Even in the face of this United Nations 
        certification that acknowledged Israel's full 
        compliance with Security Council Resolution 425, 
        Syrian- and Iranian-supported Hizballah continues to 
        attack Israeli outposts at Shebaa Farms, under the 
        pretense that Shebaa Farms is territory from which 
        Israel was required to withdraw by Security Counsel 
        Resolution 425, and Syrian- and Iranian-supported 
        Hizballah and other militant organizations continue to 
        attack civilian targets in Israel.
          (13) Syria will not allow Lebanon--a sovereign 
        country--to fulfill its obligation in accordance with 
        Security Council Resolution 425 to deploy its troops to 
        southern Lebanon.
          (14) As a result, the Israeli-Lebanese border and 
        much of southern Lebanon is under the control of 
        Hizballah, which continues to attack Israeli positions, 
        allows Iranian Revolutionary Guards and other militant 
        groups to operate freely in the area, and maintains 
        thousands of rockets along Israel's northern border, 
        destabilizing the entire region.
          (15) On February 12, 2003, Director of Central 
        Intelligence George Tenet stated the following with 
        respect to the Syrian- and Iranian-supported Hizballah: 
        ``[A]s an organization with capability and worldwide 
        presence [it] is [al Qaeda's] equal if not a far more 
        capable organization * * * [T]hey're a notch above in 
        many respects, in terms of in their relationship with 
        the Iranians and the training they receive, [which] 
        puts them in a state-sponsored category with a 
        potential for lethality that's quite great.''.
          (16) In the State of the Union address on January 29, 
        2002, President Bush declared that the United States 
        will ``work closely with our coalition to deny 
        terrorists and their state sponsors the materials, 
        technology, and expertise to make and deliver weapons 
        of mass destruction''.
          (17) The Government of Syria continues to develop and 
        deploy short- and medium-range ballistic missiles.
          (18) According to the December 2001 unclassified 
        Central Intelligence Agency report entitled ``Foreign 
        Missile Developments and the Ballistic Missile Threat 
        through 2015'', ``Syria maintains a ballistic missile 
        and rocket force of hundreds of FROG rockets, Scuds, 
        and SS-21 SRBMs [and] Syria has developed [chemical 
        weapons] warheads for its Scuds''.
          (19) The Government of Syria is pursuing the 
        development and production of biological and chemical 
        weapons and has a nuclear research and development 
        program that is cause for concern.
          (20) According to the Central Intelligence Agency's 
        ``Unclassified Report to Congress on the Acquisition of 
        Technology Relating to Weapons of Mass Destruction and 
        Advanced Conventional Munitions'', released January 7, 
        2003: ``[Syria] already holds a stockpile of the nerve 
        agent sarin but apparently is trying to develop more 
        toxic and persistent nerve agents. Syria remains 
        dependent on foreign sources for key elements of its 
        [chemical weapons] program, including precursor 
        chemicals and key production equipment. It is highly 
        probable that Syria also is developing an offensive 
        [biological weapons] capability.''.
          (21) On May 6, 2002, the Under Secretary of State for 
        Arms Control and International Security, John Bolton, 
        stated: ``The United States also knows that Syria has 
        long had a chemical warfare program. It has a stockpile 
        of the nerve agent sarin and is engaged in research and 
        development of the more toxic and persistent nerve 
        agent VX. Syria, which has signed but not ratified the 
        [Biological Weapons Convention], is pursuing the 
        development of biological weapons and is able to 
        produce at least small amounts of biological warfare 
        agents.''.
          (22) According to the Central Intelligence Agency's 
        ``Unclassified Report to Congress on the Acquisition of 
        Technology Relating to Weapons of Mass Destruction and 
        Advanced Conventional Munitions'', released January 7, 
        2003: ``Russia and Syria have approved a draft 
        cooperative program on cooperation on civil nuclear 
        power. In principal, broader access to Russian 
        expertise provides opportunities for Syria to expand 
        its indigenous capabilities, should it decide to pursue 
        nuclear weapons.''.
          (23) Under the Treaty on the Non-Proliferation of 
        Nuclear Weapons (21 UST 483), which entered force on 
        March 5, 1970, and to which Syria is a party, Syria has 
        undertaken not to acquire or produce nuclear weapons 
        and has accepted full scope safeguards of the 
        International Atomic Energy Agency to detect diversions 
        of nuclear materials from peaceful activities to the 
        production of nuclear weapons or other nuclear 
        explosive devices.
          (24) Syria is not a party to the Chemical Weapons 
        Convention or the Biological Weapons Convention, which 
        entered into force on April 29, 1997, and on March 26, 
        1975, respectively.
          (25) Syrian President Bashar Assad promised Secretary 
        of State Powell in February 2001 to end violations of 
        Security Council Resolution 661, which restricted the 
        sale of oil and other commodities by Saddam Hussein's 
        regime, except to the extent authorized by other 
        relevant resolutions, but this pledge was never 
        fulfilled.
          (26) Syria's illegal imports and transshipments of 
        Iraqi oil during Saddam Hussein's regime earned Syria 
        $50,000,000 or more per month as Syria continued to 
        sell its own Syrian oil at market prices.
          (27) Syria's illegal imports and transshipments of 
        Iraqi oil earned Saddam Hussein's regime $2,000,000 per 
        day.
          (28) On March 28, 2003, Secretary of Defense Donald 
        Rumsfeld warned: ``[W]e have information that shipments 
        of military supplies have been crossing the border from 
        Syria into Iraq, including night-vision goggles * * * 
        These deliveries pose a direct threat to the lives of 
        coalition forces. We consider such trafficking as 
        hostile acts, and will hold the Syrian government 
        accountable for such shipments.''.
          (29) According to Article 23(1) of the United Nations 
        Charter, members of the United Nations are elected as 
        nonpermanent members of the United Nations Security 
        Council with ``due regard being specially paid, in the 
        first instance to the contribution of members of the 
        United Nations to the maintenance of international 
        peace and security and to other purposes of the 
        Organization''.
          (30) Despite Article 23(1) of the United Nations 
        Charter, Syria was elected on October 8, 2001, to a 2-
        year term as a nonpermanent member of the United 
        Nations Security Council beginning January 1, 2002, and 
        served as President of the Security Council during June 
        2002 and August 2003.
          (31) On March 31, 2003, the Syrian Foreign Minister, 
        Farouq al-Sharra, made the Syrian regime's intentions 
        clear when he explicitly stated that ``Syria's interest 
        is to see the invaders defeated in Iraq''.
          (32) On April 13, 2003, Secretary of Defense Donald 
        Rumsfeld charged that ``busloads'' of Syrian fighters 
        entered Iraq with ``hundreds of thousands of dollars'' 
        and leaflets offering rewards for dead American 
        soldiers.
          (33) On September 16, 2003, the Under Secretary of 
        State for Arms Control and International Security, John 
        Bolton, appeared before the Subcommittee on the Middle 
        East and Central Asia of the Committee on International 
        Relations of the House of Representatives, and 
        underscored Syria's ``hostile actions'' toward 
        coalition forces during Operation Iraqi Freedom. Under 
        Secretary Bolton added that: ``Syria allowed military 
        equipment to flow into Iraq on the eve of and during 
        the war. Syria permitted volunteers to pass into Iraq 
        to attack and kill our service members during the war, 
        and is still doing so * * * [Syria's] behavior during 
        Operation Iraqi Freedom underscores the importance of 
        taking seriously reports and information on Syria's WMD 
        capabilities.''.
          (34) During his appearance before the Committee on 
        International Relations of the House of Representatives 
        on September 25, 2003, Ambassador L. Paul Bremer, III, 
        Administrator of the Coalition Provisional Authority in 
        Iraq, stated that out of the 278 third-country 
        nationals who were captured by coalition forces in 
        Iraq, the ``single largest group are Syrians''.

SEC. 3.\1\ SENSE OF CONGRESS.

    It is the sense of Congress that--
          (1) the Government of Syria should immediately and 
        unconditionally halt support for terrorism, permanently 
        and openly declare its total renunciation of all forms 
        of terrorism, and close all terrorist offices and 
        facilities in Syria, including the offices of Hamas, 
        Hizballah, Palestinian Islamic Jihad, the Popular Front 
        for the Liberation of Palestine, and the Popular Front 
        for the Liberation of Palestine--General Command;
          (2) the Government of Syria should--
                  (A) immediately and unconditionally stop 
                facilitating transit from Syria to Iraq of 
                individuals, military equipment, and all lethal 
                items, except as authorized by the Coalition 
                Provisional Authority or a representative, 
                internationally recognized Iraqi government;
                  (B) cease its support for ``volunteers'' and 
                terrorists who are traveling from and through 
                Syria into Iraq to launch attacks; and
                  (C) undertake concrete, verifiable steps to 
                deter such behavior and control the use of 
                territory under Syrian control;
          (3) the Government of Syria should immediately 
        declare its commitment to completely withdraw its armed 
        forces, including military, paramilitary, and security 
        forces, from Lebanon, and set a firm timetable for such 
        withdrawal;
          (4) the Government of Lebanon should deploy the 
        Lebanese armed forces to all areas of Lebanon, 
        including South Lebanon, in accordance with United 
        Nations Security Council Resolution 520 (September 17, 
        1982), in order to assert the sovereignty of the 
        Lebanese state over all of its territory, and should 
        evict all terrorist and foreign forces from southern 
        Lebanon, including Hizballah and the Iranian 
        Revolutionary Guards;
          (5) the Government of Syria should halt the 
        development and deployment of medium- and long-range 
        surface-to-surface missiles and cease the development 
        and production of biological and chemical weapons;
          (6) the Governments of Lebanon and Syria should enter 
        into serious unconditional bilateral negotiations with 
        the Government of Israel in order to realize a full and 
        permanent peace;
          (7) the United States should continue to provide 
        humanitarian and educational assistance to the people 
        of Lebanon only through appropriate private, 
        nongovernmental organizations and appropriate 
        international organizations, until such time as the 
        Government of Lebanon asserts sovereignty and control 
        over all of its territory and borders and achieves full 
        political independence, as called for in United Nations 
        Security Council Resolution 520; and
          (8) as a violator of several key United Nations 
        Security Council resolutions and as a nation that 
        pursues policies which undermine international peace 
        and security, Syria should not have been permitted to 
        join the United Nations Security Council or serve as 
        the Security Council's President, and should be removed 
        from the Security Council.

SEC. 4.\1\ STATEMENT OF POLICY.

    It is the policy of the United States that--
          (1) Syria should bear responsibility for attacks 
        committed by Hizballah and other terrorist groups with 
        offices, training camps, or other facilities in Syria, 
        or bases in areas of Lebanon occupied by Syria;
          (2) the United States will work to deny Syria the 
        ability to support acts of international terrorism and 
        efforts to develop or acquire weapons of mass 
        destruction;
          (3) the Secretary of State will continue to list 
        Syria as a state sponsor of terrorism until Syria ends 
        its support for terrorism, including its support of 
        Hizballah and other terrorist groups in Lebanon and its 
        hosting of terrorist groups in Damascus, and comes into 
        full compliance with United States law relating to 
        terrorism and United Nations Security Council 
        Resolution 1373 (September 28, 2001);
          (4) the full restoration of Lebanon's sovereignty, 
        political independence, and territorial integrity is in 
        the national security interest of the United States;
          (5) Syria is in violation of United Nations Security 
        Council Resolution 520 (September 17, 1982) through its 
        continued occupation of Lebanese territory and its 
        encroachment upon Lebanon's political independence;
          (6) Syria's obligation to withdraw from Lebanon is 
        not conditioned upon progress in the Israeli-Syrian or 
        Israeli-Lebanese peace process but derives from Syria's 
        obligation under Security Council Resolution 520;
          (7) Syria's acquisition of weapons of mass 
        destruction and ballistic missile programs threaten the 
        security of the Middle East and the national security 
        interests of the United States;
          (8) Syria will be held accountable for any harm to 
        Coalition armed forces or to any United States citizen 
        in Iraq if the government of Syria is found to be 
        responsible due to its facilitation of terrorist 
        activities and its shipments of military supplies to 
        Iraq; and
          (9) the United States will not provide any assistance 
        to Syria and will oppose multilateral assistance for 
        Syria until Syria ends all support for terrorism, 
        withdraws its armed forces from Lebanon, and halts the 
        development and deployment of weapons of mass 
        destruction and medium- and long-range surface-to-
        surface ballistic missiles.

SEC. 5.\1\ PENALTIES AND AUTHORIZATION.

    (a) Penalties.--Until the President makes the determination 
that Syria meets all the requirements described in paragraphs 
(1) through (4) of subsection (d) and certifies such 
determination to Congress in accordance with such subsection--
          (1) the President shall prohibit the export to Syria 
        of any item, including the issuance of a license for 
        the export of any item, on the United States Munitions 
        List or Commerce Control List of dual-use items in the 
        Export Administration Regulations (15 CFR part 730 et 
        seq.); and
          (2) the President shall impose two or more of the 
        following sanctions:
                  (A) Prohibit the export of products of the 
                United States (other than food and medicine) to 
                Syria.
                  (B) Prohibit United States businesses from 
                investing or operating in Syria.
                  (C) Restrict Syrian diplomats in Washington, 
                D.C., and at the United Nations in New York 
                City, to travel only within a 25-mile radius of 
                Washington, D.C., or the United Nations 
                headquarters building, respectively.
                  (D) Prohibit aircraft of any air carrier 
                owned or controlled by Syria to take off from, 
                land in, or overfly the United States.
                  (E) Reduce United States diplomatic contacts 
                with Syria (other than those contacts required 
                to protect United States interests or carry out 
                the purposes of this Act).
                  (F) Block transactions in any property in 
                which the Government of Syria has any interest, 
                by any person, or with respect to any property, 
                subject to the jurisdiction of the United 
                States.
    (b) Waiver.--The President may waive the application of 
subsection (a)(1), (a)(2), or both if the President determines 
that it is in the national security interest of the United 
States to do so and submits to the appropriate congressional 
committees a report containing the reasons for the 
determination.
    (c) Authority To Provide Assistance To Syria.--If the 
President--
          (1) makes the determination that Syria meets the 
        requirements described in paragraphs (1) through (4) of 
        subsection (d) and certifies such determination to 
        Congress in accordance with such subsection;
          (2) determines that substantial progress has been 
        made both in negotiations aimed at achieving a peace 
        agreement between Israel and Syria and in negotiations 
        aimed at achieving a peace agreement between Israel and 
        Lebanon; and
          (3) determines that the Government of Syria is 
        strictly respecting the sovereignty, territorial 
        integrity, unity, and political independence of Lebanon 
        under the sole and exclusive authority of the 
        Government of Lebanon through the Lebanese army 
        throughout Lebanon, as required under paragraph (4) of 
        United Nations Security Council Resolution 520 (1982),
then the President is authorized to provide assistance to Syria 
under chapter 1 of part I of the Foreign Assistance Act of 1961 
(relating to development assistance).
    (d) Certification.--A certification under this subsection 
is a certification transmitted to the appropriate congressional 
committees of a determination made by the President that--
          (1) the Government of Syria has ceased providing 
        support for international terrorist groups and does not 
        allow terrorist groups, such as Hamas, Hizballah, 
        Palestinian Islamic Jihad, the Popular Front for the 
        Liberation of Palestine, and the Popular Front for the 
        Liberation of Palestine--General Command to maintain 
        facilities in territory under Syrian control;
          (2) the Government of Syria ended its occupation of 
        Lebanon described in section 2(7) of this Act;
          (3) the Government of Syria has ceased the 
        development and deployment of medium- and long-range 
        surface-to-surface ballistic missiles, is not pursuing 
        or engaged in the research, development, acquisition, 
        production, transfer, or deployment of biological, 
        chemical, or nuclear weapons, has provided credible 
        assurances that such behavior will not be undertaken in 
        the future, and has agreed to allow United Nations and 
        other international observers to verify such actions 
        and assurances; and
          (4) the Government of Syria has ceased all support 
        for, and facilitation of, all terrorist activities 
        inside of Iraq, including preventing the use of 
        territory under its control by any means whatsoever to 
        support those engaged in terrorist activities inside of 
        Iraq.

SEC. 6.\1\ REPORT.

    (a) Report.--Not later than 6 months after the date of the 
enactment of this Act, and every 12 months thereafter until the 
conditions described in paragraphs (1) through (4) of section 
5(d) are satisfied, the Secretary of State shall submit to the 
appropriate congressional committees a report on--
          (1) Syria's progress toward meeting the conditions 
        described in paragraphs (1) through (4) of section 
        5(d);
          (2) connections, if any, between individual 
        terrorists and terrorist groups which maintain offices, 
        training camps, or other facilities on Syrian 
        territory, or operate in areas of Lebanon occupied by 
        the Syrian armed forces, and terrorist attacks on the 
        United States or its citizens, installations, or 
        allies; and
          (3) how the United States is increasing its efforts 
        against Hizballah and other terrorist organizations 
        supported by Syria.
    (b) Form.--The report submitted under subsection (a) shall 
be in unclassified form but may include a classified annex.

SEC. 7.\1\ DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

    In this Act, 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.
                           k. Microenterprise

       (1) Microenterprise Results and Accountability Act of 2004

    Partial text of Public Law 108-484 [H.R. 3818], 118 Stat. 3922, 
                       approved December 23, 2004

   AN ACT To amend the Foreign Assistance Act of 1961 to improve the 
 results and accountability of microenterprise development assistance 
                   programs, and for other purposes.

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

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Microenterprise Results and 
Accountability Act of 2004''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND POLICY.

    Congress finds and declares the following:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2211 note.
---------------------------------------------------------------------------
          (1) Congress has demonstrated its support for 
        microenterprise development assistance programs through 
        the enactment of two comprehensive microenterprise 
        laws:
                  (A) The Microenterprise for Self-Reliance Act 
                of 2000 (title I of Public Law 106-309; 114 
                Stat. 1082).\3\
---------------------------------------------------------------------------
    \3\ For text of freestanding sections of Public Law 106-309, see 
Legislation on Foreign Relations Through 2005, vol. I-B. Public Law 
106-309, in part, amended the Foreign Assistance Act of 1961 at secs. 
108, 131, 132 to establish microenterprise development grant 
assistance, micro- and small enterprise development credits, and the 
U.S. Microfinance Loan Facility. Secs. 4 and 5 of this Act redesignate 
secs. 108 and 132 of the Foreign assistance Act of 1961 as secs. 256 
and 257, respectively, and sec. 8(a) of this Act repeals sec. 132, 
replacing the text with a new sec. 258, enacted in sec. 8 of this Act. 
See also sec. 9 of this Act.
---------------------------------------------------------------------------
                  (B) Public Law 108-31 (an Act entitled ``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 program under those 
                Acts, and for other purposes'', approved June 
                17, 2003).
          (2) The report on the effectiveness of the United 
        States Agency for International Development's 
        microfinance program, prepared by the Consultative 
        Group to Assist the Poor, rated the Agency in the top 
        tier of the 17 donors in this field.
          (3) The Comptroller General, in a report dated 
        November 2003, found that the United States Agency for 
        International Development has met some, but not all, of 
        the key objectives of such microenterprise development 
        assistance programs.
          (4) The Comptroller General's report found, among 
        other things, the following:
                  (A) Microenterprise development assistance 
                generally can help alleviate some impacts of 
                poverty, improve income levels and quality of 
                life for borrowers and provide poor 
                individuals, workers, and their families with 
                an important coping mechanism.
                  (B) Microenterprise development assistance 
                programs of the United States Agency for 
                International Development have encouraged 
                women's participation in microfinance projects 
                and, according to data of the Agency, women 
                have comprised two-thirds or more of the micro-
                loan clients in Agency-funded microenterprise 
                projects since 1997.
          (5)(A) The Comptroller General's report recommends 
        that the Administrator of the United States Agency for 
        International Development review the Agency's 
        `microenterprise results reporting' system with the 
        goal of ensuring that its annual reporting is complete 
        and accurate.
          (B) Specifically, the Administrator should review and 
        reconsider the methodologies used for the collection, 
        analysis, and reporting of data on annual spending 
        targets, outreach to the very poor, sustainability of 
        microfinance institutions, and the contribution of 
        Agency's funding to the institutions it supports.

SEC. 3. MICROENTERPRISE DEVELOPMENT ASSISTANCE.

    Chapter 2 of part I of the Foreign Assistance Act of 1961 
(22 U.S.C. 2166 et seq.) is amended by inserting after title V 
the following new title: * * * \4\
---------------------------------------------------------------------------
    \4\ Sec. 3 added a new title VI, relating to Microenterprise 
Development Assistance, to chapter 2 of part I of the Foreign 
Assistance Act of 1961. For text, see beginning at page 138.
---------------------------------------------------------------------------

SEC. 4. MICROENTERPRISE DEVELOPMENT CREDITS. * * * \5\
---------------------------------------------------------------------------

    \5\ Sec. 4 redesignated sec. 108 of the Foreign Assistance Act of 
1961 as sec. 256 of the newly formed title VI of chapter 2 of part I of 
that Act. Sec. 4 also inserted subtitle headings A and B in title VI of 
chapter 2 of part I of that Act and provided authorization levels for 
Microenterprise Development Credits for fiscal years 2005 through 2009.
---------------------------------------------------------------------------

SEC. 5. UNITED STATES MICROFINANCE LOAN FACILITY. * * * \6\
---------------------------------------------------------------------------

    \6\ Sec. 5 redesignated sec. 132 of the Foreign Assistance Act of 
1961 as sec. 257 of the newly formed title VI of chapter 2 of part I of 
that Act. Sec. 5 also inserted subtitle heading C in title VI of 
chapter 2 of part I of that Act and provided authorization levels for 
the U.S. Microfinance Loan Facility for fiscal years 2005 through 2009.
---------------------------------------------------------------------------

SEC. 6. MISCELLANEOUS PROVISIONS. * * * \7\
---------------------------------------------------------------------------

    \7\ Sec. 6 added a new subtitle D to title VI of chapter 2 of part 
I of the Foreign Assistance Act of 1961, relating to miscellaneous 
provisions.
---------------------------------------------------------------------------

SEC. 7.\8\ SENSE OF CONGRESS.

    It is the sense of Congress that, in carrying out title VI 
of chapter 2 of part I of the Foreign Assistance Act of 1961 
(as added by section 3 of this Act and amended by sections 4 
through 6 of this Act), the Administrator of the United States 
Agency for International Development--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2211 note.
---------------------------------------------------------------------------
          (1) where applicable, should ensure that 
        microenterprise development assistance provided under 
        such title is matched by recipients with an equal 
        amount of assistance from non-United States Government 
        sources, including private donations, multilateral 
        funding, commercial and concessional borrowing, 
        savings, and program income;
          (2) should include in the report required by section 
        258 of the Foreign Assistance Act of 1961 (as added by 
        section 6 of this Act) a description of all matching 
        assistance (as described in paragraph (1)) provided for 
        the prior year by recipients of microenterprise 
        development assistance under such title;
          (3) should ensure that recipients of microenterprise 
        development assistance under such title do not expend 
        an unreasonably large percentage of such assistance on 
        administrative costs;
          (4) should not use recipients of microenterprise 
        development assistance under such title to carry out 
        critical management functions of the Agency, including 
        functions such as strategy development or overall 
        management of programs in a country; and
          (5) should consult with the appropriate congressional 
        committees with respect to the implementation of title 
        VI of chapter 2 of part I of the Foreign Assistance Act 
        of 1961 not later than 90 days after the date of the 
        enactment of this Act.

SEC. 8. REPEALS.

    (a) Foreign Assistance Act of 1961.--Section 131 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2152a) is hereby 
repealed.
    (b) Public Law 108-31.--
          (1) In general.--Section 4 of Public Law 108-31 (22 
        U.S.C. 2151f note) is amended by striking subsection 
        (b).
          (2) Conforming amendment.--Section 4 of Public Law 
        108-31 is amended by striking ``(a)'' and all that 
        follows through ``Not later'' and inserting ``Not 
        later''.

SEC. 9.\9\ REFERENCES.

    Any reference in a law, regulation, agreement, or other 
document of the United States to section 108, 131, or 132 of 
the Foreign Assistance Act of 1961 shall be deemed to be a 
reference to subtitle B of title VI of chapter 2 of part I of 
the Foreign Assistance Act of 1961, subtitle A of title VI of 
chapter 2 of part I of such Act, or subtitle C of title VI of 
chapter 2 of part I of such Act, respectively.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2211 note.
                 (2) Microenterprise Report to Congress

 Partial text of Public Law 108-31 [H.R. 192], 117 Stat. 775, approved 
 June 17, 2003; amended by Public Law 108-484 [Microenterprise Results 
 and Accountability Act of 2004; H.R. 3818], 118 Stat. 3922, approved 
                           December 23, 2004

 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 2005, vol. I-B.
---------------------------------------------------------------------------

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.\3\ REPORT TO CONGRESS.
---------------------------------------------------------------------------

    \3\ 22 U.S.C. 2151f note. Sec. 8(b) of the Microenterprise Results 
and Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922) 
struck out subsec. (b) and removed subsec. designation ``(a)''. Subsec. 
(b) required an annual report of the Administrator of USAID on 
compliance with the Microenterprise for Self-Reliance Act of 2000.
---------------------------------------------------------------------------
    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.
l. 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; 
 amended by Public Law 108-199 [Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2004; H.R. 2673], 118 Stat. 3 
                   at 143, approved January 23, 2004

 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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7601 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

                                                                    Page

Sec. 1. Short title; table of contents............................   608
Sec. 2. Findings..................................................   609
Sec. 3. Definitions...............................................   614
Sec. 4. Purpose...................................................   615
Sec. 5. Authority to consolidate and combine reports..............   615

                TITLE I--POLICY PLANNING AND COORDINATION

Sec. 101. Development of a comprehensive, five-year, global 
    strategy......................................................   615
Sec. 102. HIV/AIDS Response Coordinator...........................   619

 TITLE II--SUPPORT FOR MULTILATERAL FUNDS, PROGRAMS, AND PUBLIC-PRIVATE 
                              PARTNERSHIPS

Sec. 201. Sense of Congress on public-private partnerships........   621
Sec. 202. Participation in the Global Fund to Fight AIDS, 
    Tuberculosis and Malaria......................................   622
Sec. 203. Voluntary contributions to international vaccine funds..   626

                      TITLE III--BILATERAL EFFORTS

                Subtitle A--General Assistance and Programs

Sec. 301. Assistance to combat HIV/AIDS...........................   626
Sec. 302. Assistance to combat tuberculosis.......................   628
Sec. 303. Assistance to combat malaria............................   629
Sec. 304. Pilot program for the placement of health care 
    professionals in overseas areas severely affected by HIV/AIDS, 
    tuberculosis, and malaria.....................................   629
Sec. 305. Report on treatment activities by relevant executive 
    branch agencies...............................................   631
Sec. 306. Strategies to improve injection safety..................   631
Sec. 307. Study on illegal diversions of prescription drugs.......   632

             Subtitle B--Assistance for Children and Families

Sec. 311. Findings................................................   632
Sec. 312. Policy and requirements.................................   633
Sec. 313. Annual reports on prevention of mother-to-child 
    transmission of the HIV infection.............................   634
Sec. 314. Pilot program of assistance for children and families 
    affected by HIV/AIDS..........................................   634
Sec. 315. Pilot program on family survival partnerships...........   635

                TITLE IV--AUTHORIZATION OF APPROPRIATIONS

Sec. 401. Authorization of appropriations.........................   638
Sec. 402. Sense of Congress.......................................   640
Sec. 403. Allocation of funds.....................................   640
Sec. 404. Assistance from the United States private sector to 
    prevent and reduce HIV/AIDS in sub-Saharan Africa.............   641

              TITLE V--INTERNATIONAL FINANCIAL INSTITUTIONS

Sec. 501. Modification of the Enhanced HIPC Initiative............   641
Sec. 502. Report on expansion of debt relief to non-HIPC countries   641
Sec. 503. Authorization of appropriations.........................   642

SEC. 2.\2\ FINDINGS.

    Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 7601.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 7602.
---------------------------------------------------------------------------
          (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--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 7603.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 7604.
---------------------------------------------------------------------------

               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--
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 7611. In a memorandum of February 23, 2004 (69 F.R. 
9509), the President delegated authority under secs. 202(c), 305 and 
313 to the Secretary of State. The President, further, delegated the 
authority under sec. 101 to the Secretary of State to establish a 
comprehensive, integrated, 5-year strategy to combat global HIV/AIDS 
and to report to Congress. In a memorandum for the Global AIDS 
Coordinator, issued on July 29, 2004 (Delegation of Authority No. 145-
18; 69 F.R. 45880), the Secretary of State delegated the authority in 
these sections to the Global AIDS Coordinator.
---------------------------------------------------------------------------
          (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\
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 7612.
    \8\ For the State Department Basic Authorities Act of 1956, see 
Legislation on Foreign Relations Through 2005, vol. II.
---------------------------------------------------------------------------
          (1) by redesignating subsection (f) as subsection 
        (g); and
          (2) by inserting after subsection (e) the following:
    ``(f) HIV/AIDS Response Coordinator.--
          ``(1) In general.--There shall be established within 
        the Department of State in the immediate office of the 
        Secretary of State a Coordinator of United States 
        Government Activities to Combat HIV/AIDS Globally, who 
        shall be appointed by the President, by and with the 
        advice and consent of the Senate. The Coordinator shall 
        report directly to the Secretary.
          ``(2) Authorities and duties; definitions.--
                  ``(A) Authorities.--The Coordinator, acting 
                through such nongovernmental organizations 
                (including faith-based and community-based 
                organizations) and relevant executive branch 
                agencies as may be necessary and appropriate to 
                effect the purposes of this section, is 
                authorized--
                  ``(i) to operate internationally to carry out 
                prevention, care, treatment, support, capacity 
                development, and other activities for 
                combatting HIV/AIDS;
                  ``(ii) to transfer and allocate funds to 
                relevant executive branch agencies; and
                  ``(iii) to provide grants to, and enter into 
                contracts with, nongovernmental organizations 
                (including faith-based and community-based 
                organizations) to carry out the purposes of 
                section.
          ``(B) Duties.--
                  ``(i) In general.--The Coordinator shall have 
                primary responsibility for the oversight and 
                coordination of all resources and international 
                activities of the United States Government to 
                combat the HIV/AIDS pandemic, including all 
                programs, projects, and activities of the 
                United States Government relating to the HIV/
                AIDS pandemic under the United States 
                Leadership Against HIV/AIDS, Tuberculosis, and 
                Malaria Act of 2003 or any amendment made by 
                that Act.
                  ``(ii) Specific duties.--The duties of the 
                Coordinator shall specifically include the 
                following:
                          ``(I) Ensuring program and policy 
                        coordination among the relevant 
                        executive branch agencies and 
                        nongovernmental organizations, 
                        including auditing, monitoring, and 
                        evaluation of all such programs.
                          ``(II) Ensuring that each relevant 
                        executive branch agency undertakes 
                        programs primarily in those areas where 
                        the agency has the greatest expertise, 
                        technical capabilities, and potential 
                        for success.
                          ``(III) Avoiding duplication of 
                        effort.
                          ``(IV) Ensuring coordination of 
                        relevant executive branch agency 
                        activities in the field.
                          ``(V) Pursuing coordination with 
                        other countries and international 
                        organizations.
                          ``(VI) Resolving policy, program, and 
                        funding disputes among the relevant 
                        executive branch agencies.
                          ``(VII) Directly approving all 
                        activities of the United States 
                        (including funding) relating to 
                        combatting HIV/AIDS in each of 
                        Botswana, Cote d'Ivoire, Ethiopia, 
                        Guyana, Haiti, Kenya, Mozambique, 
                        Namibia, Nigeria, Rwanda, South Africa, 
                        Tanzania, Uganda, Zambia, and other 
                        countries designated by the President, 
                        which other designated countries may 
                        include those countries in which the 
                        United States is implementing HIV/AIDS 
                        programs as of the date of the 
                        enactment of the United States 
                        Leadership Against HIV/AIDS, 
                        Tuberculosis, and Malaria Act of 2003.
                          ``(VIII) Establishing due diligence 
                        criteria for all recipients of funds 
                        section and all activities subject to 
                        the coordination and appropriate 
                        monitoring, evaluation, and audits 
                        carried out by the Coordinator 
                        necessary to assess the measurable 
                        outcomes of such activities.
          ``(C) Definitions.--In this paragraph:
                  ``(i) AIDS.--The term `AIDS' means acquired 
                immune deficiency syndrome.
                  ``(ii) HIV.--The term `HIV' means the human 
                immunodeficiency virus, the pathogen that 
                causes AIDS.
                  ``(iii) HIV/AIDS.--The term `HIV/AIDS' means, 
                with respect to an individual, an individual 
                who is infected with HIV or living with AIDS.
                  ``(iv) 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 the Public Health Service), 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.''.
    (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:
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 7621.
---------------------------------------------------------------------------
          (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:
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 7622.
---------------------------------------------------------------------------
          (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) \11\ 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.
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    \11\ In a memorandum of February 23, 2004 (69 F.R. 9509), the 
President delegated authority under secs. 202(c), 305 and 313 to the 
Secretary of State. The President, further, delegated the authority 
under sec. 101 to the Secretary of State to establish a comprehensive, 
integrated, 5-year strategy to combat global HIV/AIDS and to report to 
Congress.
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    (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.
                  (vi) \12\ for the purposes of clause (i), 
                ``funds contributed to the Global Fund from all 
                sources'' means funds contributed to the Global 
                Fund at any time during fiscal years 2004 
                through 2008 that are not contributed to 
                fulfill a commitment made for a fiscal year 
                prior to fiscal year 2004.
---------------------------------------------------------------------------
    \12\ Sec. 595(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2004 (division D of Public Law 
108-199; 117 Stat. 209), added clause (vi).
---------------------------------------------------------------------------
                  (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.
                  (iv) \13\ Notwithstanding clause (i), after 
                July 31 of each of the fiscal years 2004 
                through 2008, any amount made available under 
                this subsection that is withheld by reason of 
                subparagraph(A)(i) is authorized to be made 
                available to carry out sections 104A, 104B, and 
                104C of the Foreign Assistance Act of 1961 (as 
                added by title III of this Act).
---------------------------------------------------------------------------
    \13\ Sec. 595(2) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2004 (division D of Public Law 
108-199; 117 Stat. 209), added clause (iv).
---------------------------------------------------------------------------
                  (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.\14\ 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--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 7631.
    The President issued a Memorandum on March 28, 2001, relating to 
family planning, to the Administrator of the U.S. Agency for 
International Development, restoring the Mexico City Policy (66 F.R. 
17303).
    In a memorandum of August 29, 2003 (68 F.R. 52323), the President 
extended ``the requirements of the March 28, 2001 memorandum to all 
assistance for voluntary population planning furnished to foreign 
nongovernmental organizations and appropriated pursuant to the Foreign 
Assistance Act, whether such assistance is furnished by USAID or any 
other bureau, office, or component of the Department of State. As set 
forth in the March 28, 2001, memorandum, this policy applies to certain 
assistance provided to foreign nongovernmental organizations. Such 
organizations do not include multilateral organizations that are 
associations of governments. This policy shall not apply to foreign 
assistance furnished pursuant to the United States Leadership Against 
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-
125).''.
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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, 
except that this subsection shall not apply to the Global Fund 
to Fight AIDS, Tuberculosis and Malaria, the World Health 
Organization, the International AIDS Vaccine Initiative or to 
any United Nations agency.\15\
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    \15\ Sec. 595(3) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2004 (division D of Public Law 
108-199; 117 Stat. 209), added ``, except that this subsection shall 
not apply to the Global Fund to Fight AIDS, Tuberculosis and Malaria, 
the World Health Organization, the International AIDS Vaccine 
Initiative or to any United Nations agency''.
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    (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) \16\ Authorization of Appropriations.--
---------------------------------------------------------------------------
    \16\ 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.\17\ 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.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 7634.
---------------------------------------------------------------------------
    (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.\18\ 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.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 7635. In a memorandum of February 23, 2004 (69 F.R. 
9509), the President delegated authority under secs. 202(c), 305 and 
313 to the Secretary of State. The President, further, delegated the 
authority under sec. 101 to the Secretary of State to establish a 
comprehensive, integrated, 5-year strategy to combat global HIV/AIDS 
and to report to Congress.
---------------------------------------------------------------------------
    (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.\19\ 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:
---------------------------------------------------------------------------
    \19\ 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.\20\ FINDINGS.

    Congress makes the following findings:
---------------------------------------------------------------------------
    \20\ 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.\21\ 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.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 7652.
---------------------------------------------------------------------------
    (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.\22\ 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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    \22\ 22 U.S.C. 7653. In a memorandum of February 23, 2004 (69 F.R. 
9509), the President delegated authority under secs. 202(c), 305 and 
313 to the Secretary of State. The President, further, delegated the 
authority under sec. 101 to the Secretary of State to establish a 
comprehensive, integrated, 5-year strategy to combat global HIV/AIDS 
and to report to Congress.
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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.\23\ 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.
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 7654.
---------------------------------------------------------------------------
    (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.\24\ 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.
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 7655.
---------------------------------------------------------------------------
    (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.\25\ 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.
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 7671.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2174, 
2185), provided the following:
---------------------------------------------------------------------------

``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, 
$1,585,000,000, to remain available until September 30, 2007: 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 children displaced or orphaned by causes other than 
AIDS; (5) programs for the prevention, treatment, control of, and 
research on HIV/AIDS, tuberculosis, polio, malaria, and other 
infectious diseases, and for assistance to communities severely 
affected by HIV/AIDS, including children displaced or orphaned by AIDS; 
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 $350,000, 
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: 
$360,000,000 for child survival and maternal health; $30,000,000 for 
vulnerable children; $350,000,000 for HIV/AIDS; $220,000,000 for other 
infectious diseases; and $375,000,000 for family planning/reproductive 
health, including in areas where population growth threatens 
biodiversity or endangered species: 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, except for the 
United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act 
of 2003 (Public Law 108-25), for a United States contribution to the 
Global Fund to Fight AIDS, Tuberculosis and Malaria (the `Global 
Fund'), and shall be expended at the minimum rate necessary to make 
timely payment for projects and activities: Provided further, That up 
to 5 percent of the aggregate amount of funds made available to the 
Global Fund in fiscal year 2006 may be made available to the United 
States Agency for International Development for technical assistance 
related to the activities of the Global Fund: Provided further, That of 
the funds appropriated under this heading, $70,000,000 should 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 this and 
preceding provisos: * * *
---------------------------------------------------------------------------

* * * * * * *

``Department of State
---------------------------------------------------------------------------

    ``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, 
$1,585,000,000, to remain available until September 30, 2007: 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 children displaced or orphaned by causes other than 
AIDS; (5) programs for the prevention, treatment, control of, and 
research on HIV/AIDS, tuberculosis, polio, malaria, and other 
infectious diseases, and for assistance to communities severely 
affected by HIV/AIDS, including children displaced or orphaned by AIDS; 
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 $350,000, 
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: 
$360,000,000 for child survival and maternal health; $30,000,000 for 
vulnerable children; $350,000,000 for HIV/AIDS; $220,000,000 for other 
infectious diseases; and $375,000,000 for family planning/reproductive 
health, including in areas where population growth threatens 
biodiversity or endangered species: 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, except for the 
United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act 
of 2003 (Public Law 108-25), for a United States contribution to the 
Global Fund to Fight AIDS, Tuberculosis and Malaria (the `Global 
Fund'), and shall be expended at the minimum rate necessary to make 
timely payment for projects and activities: Provided further, That up 
to 5 percent of the aggregate amount of funds made available to the 
Global Fund in fiscal year 2006 may be made available to the United 
States Agency for International Development for technical assistance 
related to the activities of the Global Fund: Provided further, That of 
the funds appropriated under this heading, $70,000,000 should 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 this and 
preceding provisos: * * *
---------------------------------------------------------------------------

``global hiv/aids initiative
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the prevention, treatment, and control of, 
and research on, HIV/AIDS, $1,995,000,000, to remain available until 
expended, of which $200,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25) 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.''.
    See also in that Act, in title II: subsec. (b) of para. on 
assistance for the independent state of the former Soviet Union; and in 
title V: sec. 515--notification requirements, sec. 522--child survival 
and health activities, sec. 525--HIV/AIDS, sec. 553--authorization 
requirement, sec. 554--Cambodia, and sec. 562--user fees; and sec. 596, 
relating to allocation of appropriations according to stipulations in 
the conference report (H. Rept. 109-265, November 2, 2005) accompanying 
Public Law 109-102 (for allocation of Global HIV/AIDS Initiative, see 
p. 95).
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
---------------------------------------------------------------------------
    (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.\26\ 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--
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 7672.
---------------------------------------------------------------------------
          (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.\27\ 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.
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 7673.
---------------------------------------------------------------------------
    (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.\28\ 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.
---------------------------------------------------------------------------
    \28\ 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: * * * \29\
---------------------------------------------------------------------------
    \29\ Sec. 501 added a new sec. 1625 to the International Financial 
Institutions Act (22 U.S.C. 262p-8). For text, see Legislation on 
Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------

SEC. 502.\30\ 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--
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 7681.
---------------------------------------------------------------------------
          (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.\31\ 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.
---------------------------------------------------------------------------
    \31\ 22 U.S.C. 7682.
    Title II of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006 (Public Law 109-102; 119 Stat. 2190), 
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, 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, of 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, $65,000,000, to remain available until September 30, 2008: 
Provided, That not less than $20,000,000 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: 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--

  ``(1) 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 institutions to export-oriented commercial projects that generate 
foreign exchange which are generally referred to as `enclave' loans; and

  ``(2) 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 Act shall be made available for Sudan or Burma unless the 
Secretary of the Treasury determines and notifies the Committees on 
Appropriations that a democratically elected government has taken 
office.''.
---------------------------------------------------------------------------

    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
    See also Legislation on Foreign Relations Through 2005, vol. I-B, 
for legislation on international debt relief.
---------------------------------------------------------------------------
    (b) Availability of Funds.--Amounts appropriated pursuant 
to subsection (a) are authorized to remain available until 
expended.
                             m. Afghanistan

              (1) Afghanistan Freedom Support Act of 2002

  Public Law 107-327 [S. 2712], 116 Stat. 2797, approved December 4, 
      2002; amended by Public Law 108-106 [Emergency Supplemental 
 Appropriations Act for Defense and for the Reconstruction of Iraq and 
  Afghanistan, 2004; H.R. 3289], 117 Stat. 1209, approved November 6, 
  2003; Public Law 108-287 [Department of Defense Appropriations Act, 
2005; H.R. 4613], 118 Stat. 951, approved August 5, 2004; and by Public 
Law 108-458 [Intelligence Reform and Terrorism Prevention Act of 2004; 
          S. 2845], 118 Stat. 3638, approved December 17, 2004

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''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7501 note.
---------------------------------------------------------------------------
    (b) \2\ Table of Contents.--The table of contents for this 
Act is as follows:
---------------------------------------------------------------------------
    \2\ Sec. 7104(j)(3) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
redesignated secs. 207 and 208 as secs. 208 and 209, respectively, and 
added a new sec. 207 to the table of contents. Sec. 7104(e)(4)(B) of 
the Afghanistan Freedom Support Act Amendments of 2004 (sec. 7104 of 
Public Law 108-458; 118 Stat. 3638) added sec. 305 to the table of 
contents.

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                                                                    Page

Sec. 1. Short title; table of contents; definition................   644

 TITLE I--ECONOMIC AND DEMOCRATIC DEVELOPMENT ASSISTANCE FOR AFGHANISTAN

Sec. 101. Declaration of policy...................................   645
Sec. 102. Purposes of assistance..................................   646
Sec. 103. Authorization of assistance.............................   647
Sec. 104. Coordination of assistance..............................   655
Sec. 105. Sense of Congress regarding promoting cooperation in 
    opium producing areas.........................................   656
Sec. 106. Administrative provisions...............................   656
Sec. 107. Relationship to other authority.........................   657
Sec. 108. Authorization of appropriations.........................   657

TITLE II--MILITARY ASSISTANCE FOR AFGHANISTAN AND CERTAIN OTHER FOREIGN 
                COUNTRIES AND INTERNATIONAL ORGANIZATIONS

Sec. 201. Support for security during transition in Afghanistan...   658
Sec. 202. Authorization of assistance.............................   658
Sec. 203. Eligible foreign countries and eligible international 
    organizations.................................................   659
Sec. 204. Reimbursement for assistance............................   659
Sec. 205. Congressional notification requirements.................   659
Sec. 206. Promoting secure delivery of humanitarian and other 
    assistance in Afghanistan and expansion of the International 
    Security Assistance Force.....................................   660
Sec. 207. Sense of Congress and report regarding counterdrug 
    efforts in Afghanistan........................................   664
Sec. 208. Relationship to other authority.........................   664
Sec. 209. Sunset..................................................   665

                   TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Requirement to comply with procedures relating to the 
    prohibition on assistance to drug traffickers.................   665
Sec. 302. Sense of Congress regarding protecting Afghanistan's 
    President.....................................................   665
Sec. 303. Donor contributions to Afghanistan and reports..........   665
Sec. 304. Reports.................................................   666
Sec. 305. Formulation of long-term strategy for Afghanistan.......   666

    (c) \3\ Definition.--In this Act, the term ``Government of 
Afghanistan'' includes--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 7501.
---------------------------------------------------------------------------
          (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.\4\ DECLARATION OF POLICY.

    Congress makes the following declarations:
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 7511.
---------------------------------------------------------------------------
          (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.\5\ PURPOSES OF ASSISTANCE.

    The purposes of assistance authorized by this title are--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 7512.
---------------------------------------------------------------------------
          (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.\6\ AUTHORIZATION OF ASSISTANCE.

    (a) In General.--Notwithstanding any other \7\ provision of 
law, the President is authorized to provide assistance for 
Afghanistan for the following activities:
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 7513.
    \7\ Sec. 7104(e)(1)(B) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``section 512 of Public Law 107-115 or any other similar'' 
and inserted in lieu thereof ``any other''.
---------------------------------------------------------------------------
          (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, promote 
                alternatives to poppy cultivation, including 
                the introduction of high value crops that are 
                suitable for export and the provision of 
                appropriate technical assistance and credit 
                mechanisms for farmers,\8\ 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;
---------------------------------------------------------------------------
    \8\ Sec. 7104(j)(1)(A) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``establish crop substitution programs,'', and inserted in 
lieu thereof ``promote alternatives to poppy cultivation, including the 
introduction of high value crops that are suitable for export and the 
provision of appropriate technical assistance and credit mechanisms for 
farmers,''.
---------------------------------------------------------------------------
                  (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, and 
                to create special counternarcotics courts, 
                prosecutors, and places of incarceration; \9\
---------------------------------------------------------------------------
    \9\ Sec. 7104(j)(1)(B) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
inserted ``, and to create special counternarcotics courts, 
prosecutors, and places of incarceration''.
---------------------------------------------------------------------------
                  (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, in particular, 
                notwithstanding section 660 of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2420), by 
                providing non-lethal equipment, training 
                (including training in internationally 
                recognized standards of human rights, the rule 
                of law, anti-corruption, and the promotion of 
                civilian police roles that support democracy), 
                and payments, during fiscal years 2005 through 
                2008, for salaries for special counternarcotics 
                police and supporting units; \10\
---------------------------------------------------------------------------
    \10\ Sec. 7104(j)(1)(C) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
inserted ``, in particular, notwithstanding section 660 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2420), by providing non-lethal 
equipment, training (including training in internationally recognized 
standards of human rights, the rule of law, anti-corruption, and the 
promotion of civilian police roles that support democracy), and 
payments, during fiscal years 2005 through 2008, for salaries for 
special counternarcotics police and supporting units''.
---------------------------------------------------------------------------
                  (iv) continue the annual opium crop survey 
                and strategic studies on opium crop planting 
                and farming in Afghanistan; \11\
---------------------------------------------------------------------------
    \11\ Sec. 7104(j)(1)(D) through (F) of the Afghanistan Freedom 
Support Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 
Stat. 3638) struck out ``and'' at the end of clause (iv); replaced a 
period at the end of clause (v) with ``; and''; and added a new clause 
(vi).
---------------------------------------------------------------------------
                  (v) reduce demand for illicit narcotics among 
                the people of Afghanistan, including refugees 
                returning to Afghanistan; and \11\
                  (vi) \11\ assist the Afghan National Army 
                with respect to any of the activities under 
                this paragraph.
          (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; \12\
---------------------------------------------------------------------------
    \12\ Sec. 7104(f)(3) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``and'' at the end of subpara. (K); replaced a period with 
``; and'' at the end of subpara. (L); and added subpara. (M).
---------------------------------------------------------------------------
                  (L) disarmament, demobilization, and 
                reintegration of armed combatants into society, 
                particularly child soldiers; and \12\
                  (M) \12\ assistance in identifying and 
                surveying key road and rail routes that are 
                essential for economic renewal in Afghanistan 
                and the region and support for the 
                establishment of a customs service and training 
                for customs officers.
          (5) \13\ Education, the rule of law, and related 
        issues.--
---------------------------------------------------------------------------
    \13\ Sec. 7104(f)(2) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
amended and restated para. (5). It previously read as follows:
    ``(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).''.
---------------------------------------------------------------------------
                  (A) Education.--To assist in the development 
                of the capacity of the Government of 
                Afghanistan to provide education to the people 
                of Afghanistan, including assistance such as--
                          (i) support for an educated citizenry 
                        through improved access to basic 
                        education, with particular emphasis on 
                        basic education for children, 
                        especially orphans;
                          (ii) programs to enable the 
                        Government of Afghanistan to recruit 
                        and train teachers, with special focus 
                        on the recruitment and training of 
                        female teachers;
                          (iii) programs to enable the 
                        Government of Afghanistan to develop 
                        school curricula that incorporate 
                        relevant information such as landmine 
                        awareness, food security and 
                        agricultural education, civic 
                        education, and human rights education, 
                        including education relating to 
                        religious freedom;
                          (iv) programs to construct, renovate, 
                        or rebuild, and to equip and provide 
                        teacher training, for primary schools, 
                        secondary schools, and universities; 
                        and
                          (v) programs to increase educational 
                        exchanges and partnerships between the 
                        United States and Afghanistan.
                  (B) Rule of law.--To assist in the 
                development of the rule of law and good 
                governance and reduced corruption in 
                Afghanistan, including assistance such as--
                          (i) support for the activities of the 
                        Government of Afghanistan to implement 
                        its constitution, to develop modern 
                        legal codes and court rules, to provide 
                        for the creation of legal assistance 
                        programs, and other initiatives to 
                        promote the rule of law in Afghanistan;
                          (ii) support for improvements in the 
                        capacity and physical infrastructure of 
                        the justice system in Afghanistan, such 
                        as for professional training (including 
                        for women) to improve the 
                        administration of justice, for programs 
                        to enhance prosecutorial and judicial 
                        capabilities and to protect 
                        participants in judicial cases, for 
                        improvements in the instruction of law 
                        enforcement personnel (including human 
                        rights training), and for the promotion 
                        of civilian police roles that support 
                        democracy;
                          (iii) support for rehabilitation and 
                        rebuilding of courthouses and detention 
                        facilities;
                          (iv) support for the effective 
                        administration of justice at the 
                        national, regional, and local levels, 
                        including programs to improve penal 
                        institutions and the rehabilitation of 
                        prisoners, and to establish a 
                        responsible and community-based police 
                        force;
                          (v) 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, such as the development of 
                        regulations relating to financial 
                        disclosure for public officials, 
                        political parties, and candidates for 
                        public office, and transparent 
                        budgeting processes and financial 
                        management systems;
                          (vi) support for establishment of a 
                        central bank and central budgeting 
                        authority;
                          (vii) support for international 
                        organizations that provide civil 
                        advisers to the Government of 
                        Afghanistan; and
                          (viii) 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.
                  (C) Civil society and democracy.--To support 
                the development of democratic institutions in 
                Afghanistan, including assistance for--
                          (i) international monitoring and 
                        observing of, and the promotion of, 
                        free and fair elections;
                          (ii) strengthening democratic 
                        political parties;
                          (iii) international exchanges and 
                        professional training for members or 
                        officials of government, political, and 
                        civic or other nongovernmental 
                        entities;
                          (iv) national, regional, and local 
                        elections and political party 
                        development;
                          (v) an independent media;
                          (vi) programs that support the 
                        expanded participation of women and 
                        members of all ethnic groups in 
                        government at national, regional, and 
                        local levels; and
                          (vii) 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.
                  (D) Protection of sites.--To provide for the 
                protection of Afghanistan's culture, history, 
                and national identity, including the 
                rehabilitation of Afghanistan's museums and 
                sites of cultural significance.
          (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 Afghan 
                        Independent \14\ 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.
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    \14\ Sec. 7104(k)(2) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``National'' and inserted in lieu thereof ``Afghan 
Independent''.
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                  (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.
    (d) \15\ Monitoring of Assistance for Afghanistan.--
---------------------------------------------------------------------------
    \15\ Sec. 7104(g) of the Afghanistan Freedom Support Act Amendments 
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) added subsec. 
(d).
---------------------------------------------------------------------------
          (1) Report.--
                  (A) In general.--The Secretary of State, in 
                consultation with the Administrator for 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 
                obligations of United States assistance for 
                Afghanistan from all United States Government 
                departments and agencies.
                  (B) Contents.--Each such report shall set 
                forth, for the preceding annual period and 
                cumulatively, a description of--
                          (i) the activities and the purposes 
                        for which funds were obligated;
                          (ii) the source of the funds stated 
                        specifically by fiscal year, agency, 
                        and program;
                          (iii) the participation of each 
                        United States Government department or 
                        agency; and
                          (iv) such other information as the 
                        Secretary considers appropriate to 
                        fully inform Congress on such matters.
                  (C) Additional requirements.--The first 
                report submitted under this paragraph shall 
                include a cumulative account of information 
                described in subparagraph (B) from all prior 
                periods beginning with fiscal year 2001. The 
                first report under this paragraph shall be 
                submitted not later than March 15, 2005. 
                Subsequent reports shall be submitted every 12 
                months thereafter and may be included in the 
                report required under section 206(c)(2).
          (2) Submission of information for report.--The head 
        of each United States Government agency referred to in 
        paragraph (1) shall provide on a timely basis to the 
        Secretary of State such information as the Secretary 
        may reasonably require to allow the Secretary to 
        prepare and submit the report required under paragraph 
        (1).

SEC. 104.\16\ COORDINATION OF ASSISTANCE.

    (a) In General.--The President shall \17\ designate, within 
the Department of State, a coordinator who shall be responsible 
for--
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 7514.
    \17\ Sec. 7104(c)(2) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``is strongly urged to'' and inserted in lieu thereof 
``shall''.
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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.
    (c) \18\ Assistance Plan.--
---------------------------------------------------------------------------
    \18\ Sec. 7104(d) of the Afghanistan Freedom Support Act Amendments 
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) added 
subsecs. (c) and (d).
---------------------------------------------------------------------------
          (1) Submission to congress.--The coordinator 
        designated under subsection (a) shall annually submit 
        the Afghanistan assistance plan of the Administration 
        to--
                  (A) the Committee on Foreign Relations of the 
                Senate;
                  (B) the Committee on International Relations 
                of the House of Representatives;
                  (C) the Committee on Appropriations of the 
                Senate; and
                  (D) the Committee on Appropriations of the 
                House of Representatives.
          (2) Contents.--The assistance plan submitted under 
        paragraph (1) shall describe--
                  (A) how the plan relates to the strategy 
                provided pursuant to section 304; and
                  (B) how the plan builds upon United States 
                assistance provided to Afghanistan since 2001.
    (d) \18\ Coordination With International Community.--
          (1) In general.--The coordinator designated under 
        subsection (a) shall work with the international 
        community and the Government of Afghanistan to ensure 
        that assistance to Afghanistan is implemented in a 
        coherent, consistent, and efficient manner to prevent 
        duplication and waste.
          (2) International financial institutions.--The 
        coordinator designated under subsection (a), under the 
        direction of the Secretary of State, shall work through 
        the Secretary of the Treasury and the United States 
        Executive Directors at the international financial 
        institutions (as defined in section 1701(c)(2) of the 
        International Financial Institutions Act (22 U.S.C. 
        262r(c)(2))) to coordinate United States assistance for 
        Afghanistan with international financial institutions.

SEC. 105.\19\ SENSE OF CONGRESS REGARDING PROMOTING COOPERATION IN 
                    OPIUM PRODUCING AREAS.

    It is the sense of Congress that the President should--
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 7515.
---------------------------------------------------------------------------
          (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.\20\ 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.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 7516.
---------------------------------------------------------------------------
    (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.\21\ 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.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 7517.
---------------------------------------------------------------------------

SEC. 108.\22\ 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)) such sums as may be necessary for each of the fiscal 
years 2005 and 2006.\23\
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 7518.
    \23\ Sec. 7104(m) of the Afghanistan Freedom Support Act Amendments 
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) struck out 
``$1,825,000,000 for fiscal year 2004 and $425,000,000 for each of 
fiscal years 2005 and 2006.'' and inserted in lieu thereof ``such sums 
as may be necessary for each of the fiscal years 2005 and 2006.''. 
Previously, sec. 2214 of Public Law 108-106 (117 Stat. 1232) struck out 
``$425,000,000 for each of the fiscal years 2003 through 2006'' and 
inserted in lieu thereof ``$1,825,000,000 for fiscal year 2004 and 
$425,000,000 for each of fiscal years 2005 and 2006''.
---------------------------------------------------------------------------
    (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.\24\ 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--
---------------------------------------------------------------------------
    \24\ 22 U.S.C. 7531.
---------------------------------------------------------------------------
          (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.\25\ AUTHORIZATION OF ASSISTANCE.

    (a) Drawdown Authority.--
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 7532.
    Pursuant to sec. 506 of the Foreign Assistance Act of 1961 (Public 
Law 87-195) and sec. 202 of this Act, on January 27, 2005, the 
President directed ``the drawdown of up to $88.5 million of defense 
articles, defense services, and military education and training from 
the Department of Defense for the Government of Afghanistan.'' 
(Presidential Determination No. 2005-19; 70 F.R. 6549).
    Pursuant to sec. 506 of the Foreign Assistance Act of 1961 and sec. 
202 of this Act, on June 15, 2005, the President directed ``the 
drawdown of up to $161.5 million of defense articles, defense services, 
and military education and training from the Department of Defense for 
the Islamic Republic of Afghanistan.'' (Presidential Determination No. 
2005-25; 70 F.R. 36807).
    Similar determinations were made in 2003 for up to $158 million for 
Afghanistan and $7 million for Jordan for its operations in 
Afghanistan, in Presidential Determination No. 2003-15 (68 F.R. 10651; 
February 13, 2003); and for $135 million for Afghanistan in 
Presidential Determination No. 2004-15 (68 F.R. 75385; December 16, 
2003).
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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 
$550,000,000,\26\ 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).
---------------------------------------------------------------------------
    \26\ Sec. 9008 of the Department of Defense Appropriations Act, 
2005 (Public Law 108-287; 118 Stat. 1008) struck out ``$450,000,000'' 
and inserted in lieu thereof ``$550,000,000''. Previously, sec. 2206 of 
Public Law 108-106 (117 Stat. 1231) struck out ``$300,000,000'' and 
inserted in lieu thereof ``$450,000,000''.
---------------------------------------------------------------------------

SEC. 203.\27\ 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--
---------------------------------------------------------------------------
    \27\ 22 U.S.C. 7533.
---------------------------------------------------------------------------
          (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.\28\ 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).
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 7534.
---------------------------------------------------------------------------
    (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.\29\ 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.
---------------------------------------------------------------------------
    \29\ 22 U.S.C. 7535.
---------------------------------------------------------------------------
    (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.\30\ PROMOTING SECURE DELIVERY OF HUMANITARIAN AND OTHER 
                    ASSISTANCE IN AFGHANISTAN AND EXPANSION OF THE 
                    INTERNATIONAL SECURITY ASSISTANCE FORCE.

    (a) Findings.--Congress finds the following:
---------------------------------------------------------------------------
    \30\ 22 U.S.C. 7536.
---------------------------------------------------------------------------
          (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) \31\ Implementation of Strategy.--
---------------------------------------------------------------------------
    \31\ In a memorandum of July 22, 2003, for the Secretary of State, 
the President submitted a report on ``implementation of the strategies 
for meeting the immediate and long-term security needs of Afghanistan'' 
(68 F.R. 53869).
---------------------------------------------------------------------------
          (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) \32\ Implementation of strategy.--Every 6 months 
        after the enactment of this Act through January 1, 
        2010,\33\ 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--
---------------------------------------------------------------------------
    \32\ Sec. 7014(h)(1) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
provides the following:
    ``(h) United States Policy To Support Disarmament of Private 
Militias and Expansion of International Peacekeeping and Security 
Operations in Afghanistan.--
---------------------------------------------------------------------------

  ``(1) United states policy relating to disarmament of private militias.--

  ``(A) In general.--It shall be the policy of the United States to take 
immediate steps to provide active support for the disarmament, 
demobilization, and reintegration of armed soldiers, particularly child 
soldiers, in Afghanistan, in close consultation with the President of 
Afghanistan.

  ``(B) Report.--The report required under section 206(c)(2) of the 
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(c)(2)) shall 
include a description of the progress to implement paragraph (1).''.
---------------------------------------------------------------------------

    \33\ Sec. 7104(k)(1) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``2007'' and inserted in lieu thereof ``2010''.
---------------------------------------------------------------------------
                  (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) \34\ Efforts to expand international peacekeeping 
        and security operations in afghanistan.--
---------------------------------------------------------------------------
    \34\ Sec. 7104(i) of the Afghanistan Freedom Support Act Amendments 
of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) amended and 
restated para. (1). It formerly read as follows:
    ``(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.''.

                  (A) Efforts.--The President shall encourage, 
                and, as authorized by law, enable other 
                countries to actively participate in expanded 
                international peacekeeping and security 
                operations in Afghanistan, especially through 
                the provision of military personnel for 
                extended periods of time.
                  (B) Reports.--The President shall prepare and 
                transmit a report on the efforts carried out 
                pursuant to subparagraph (A) to the Committee 
                on Foreign Relations of the Senate and the 
                Committee on International Relations of the 
                House of Representatives. The first report 
                under this subparagraph shall be transmitted 
                not later than 60 days after the date of the 
                enactment of the Afghanistan Freedom Support 
                Act Amendments of 2004 and subsequent reports 
                shall be transmitted every 6 months thereafter 
                and may be included in the report required by 
                subsection (c)(2).
          (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.
    (e) \35\ United States Policy Relating To International 
Peacekeeping and Security Operations.--It shall be the policy 
of the United States to make every effort to support the 
expansion of international peacekeeping and security operations 
in Afghanistan in order to--
---------------------------------------------------------------------------
    \35\ Sec. 7104(h)(2) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
added subsec. (e).
---------------------------------------------------------------------------
          (1) increase the area in which security is provided 
        and undertake vital tasks related to promoting 
        security, such as disarming warlords, militias, and 
        irregulars, and disrupting opium production; and
          (2) safeguard highways in order to allow the free 
        flow of commerce and to allow material assistance to 
        the people of Afghanistan, and aid personnel in 
        Afghanistan, to move more freely.

SEC. 207.\36\ SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG 
                    EFFORTS IN AFGHANISTAN.

    (a) Sense of Congress.--It is the sense of Congress that--
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 7536a. Added by sec. 7104(j)(2)(B) of the 
Afghanistan Freedom Support Act Amendments of 2004 (sec. 7104 of Public 
Law 108-458; 118 Stat. 3638).
---------------------------------------------------------------------------
          (1) the President should make the substantial 
        reduction of illegal drug production and trafficking in 
        Afghanistan a priority in the Global War on Terrorism;
          (2) the Secretary of Defense, in coordination with 
        the Secretary of State and the heads of other 
        appropriate Federal agencies, should expand cooperation 
        with the Government of Afghanistan and international 
        organizations involved in counter-drug activities to 
        assist in providing a secure environment for counter-
        drug personnel in Afghanistan; and
          (3) the United States, in conjunction with the 
        Government of Afghanistan and coalition partners, 
        should undertake additional efforts to reduce illegal 
        drug trafficking and related activities that provide 
        financial support for terrorist organizations in 
        Afghanistan and neighboring countries.
    (b) Report Required.--(1) The Secretary of Defense and the 
Secretary of State shall jointly prepare a report that 
describes--
          (A) the progress made toward substantially reducing 
        poppy cultivation and heroin production capabilities in 
        Afghanistan; and
          (B) the extent to which profits from illegal drug 
        activity in Afghanistan are used to financially support 
        terrorist organizations and groups seeking to undermine 
        the Government of Afghanistan.
    (2) The report required by this subsection shall be 
submitted to Congress not later than 120 days after the date of 
the enactment of the 9/11 Recommendations Implementation Act.

SEC. 208.\37\ 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.
---------------------------------------------------------------------------
    \37\ 22 U.S.C. 7537. Originally enacted as sec. 207; redesignated 
as sec. 208 by sec. 7104(j)(2)(A) of the Afghanistan Freedom Support 
Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 
3638).
---------------------------------------------------------------------------
    (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. 209.\38\ SUNSET.

    The authority of this title shall expire after September 
30, 2006.
---------------------------------------------------------------------------
    \38\ 22 U.S.C. 7538. Originally enacted as sec. 208; redesignated 
as sec. 209 by sec. 7104(j)(2)(A) of the Afghanistan Freedom Support 
Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 
3638).
---------------------------------------------------------------------------

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301.\39\ 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.
---------------------------------------------------------------------------
    \39\ 22 U.S.C. 7551.
---------------------------------------------------------------------------

SEC. 302.\40\ SENSE OF CONGRESS REGARDING PROTECTING AFGHANISTAN'S 
                    PRESIDENT.

    It is the sense of Congress that--
---------------------------------------------------------------------------
    \40\ 22 U.S.C. 7552.
---------------------------------------------------------------------------
          (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.\41\ 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.
---------------------------------------------------------------------------
    \41\ 22 U.S.C. 7553.
---------------------------------------------------------------------------
    (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.

SEC.304.\42\ REPORTS.

    (a) \43\ In General.--The Secretary of State shall submit 
reports to the Committees on Foreign Relations and 
Appropriations of the Senate, and the Committees on 
International Relations and Appropriations of the House of 
Representatives on progress made in accomplishing the 
``Purposes of Assistance'' set forth in section 102 of this Act 
utilizing assistance provided by the United States for 
Afghanistan.
---------------------------------------------------------------------------
    \42\ 22 U.S.C. 7554.
    \43\ Sec. 7104(e)(3)(A) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``The Secretary'' and inserted in lieu thereof ``(a) In 
General.--The Secretary''.
---------------------------------------------------------------------------
    (b) \44\ Deadline for Submission.--The first report shall 
be submitted in conjunction with reports required under section 
303 of this title and thereafter through December 31, 2004.
---------------------------------------------------------------------------
    \44\ Sec. 7104(e)(3)(B) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
struck out ``The first report'' and inserted in lieu thereof ``(b) 
Deadline for Submission.--The first report''.
---------------------------------------------------------------------------
    (c) \45\ Form of Reports.--Any report or other matter that 
is required to be submitted to Congress (including a committee 
of Congress) by this Act may contain a classified annex.
---------------------------------------------------------------------------
    \45\ Sec. 7104(e)(3)(C) of the Afghanistan Freedom Support Act 
Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 Stat. 3638) 
added subsec. (c).
---------------------------------------------------------------------------

SEC. 305.\46\ FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.

    (a) Strategy.--
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 7555. Sec. 7104(e)(4)(A) of the Afghanistan Freedom 
Support Act Amendments of 2004 (sec. 7104 of Public Law 108-458; 118 
Stat. 3638) added sec. 305.
---------------------------------------------------------------------------
          (1) In general.--Not later than 180 days after the 
        date of enactment of this section, the President shall 
        formulate a 5-year strategy for Afghanistan and submit 
        such strategy to--
                  (A) the Committee on Foreign Relations of the 
                Senate;
                  (B) the Committee on International Relations 
                of the House of Representatives;
                  (C) the Committee on Appropriations of the 
                Senate; and
                  (D) the Committee on Appropriations of the 
                House of Representatives.
          (2) Contents.--The strategy formulated under 
        paragraph (1) shall include specific and measurable 
        goals for addressing the long-term development and 
        security needs of Afghanistan, including sectors such 
        as agriculture and irrigation, parliamentary and 
        democratic development, the judicial system and rule of 
        law, human rights, education, health, 
        telecommunications, electricity, women's rights, 
        counternarcotics, police, border security, anti-
        corruption, and other law-enforcement activities, as 
        well as the anticipated costs and time frames 
        associated with achieving those goals.
    (b) Monitoring.--
          (1) Annual report.--The President shall transmit on 
        an annual basis through 2010 a report describing the 
        progress made toward the implementation of the strategy 
        required by subsection (a) and any changes to the 
        strategy since the date of the submission of the last 
        report to--
                  (A) the Committee on Foreign Relations of the 
                Senate;
                  (B) the Committee on International Relations 
                of the House of Representatives;
                  (C) the Committee on Appropriations of the 
                Senate; and
                  (D) the Committee on Appropriations of the 
                House of Representatives.
         (2) Afghanistan Freedom Support Act Amendments of 2004

 Section 7104 of Public Law 108-458 [Intelligence Reform and Terrorism 
  Prevention Act of 2004; S. 2845], 118 Stat. 3638 at 3780, approved 
                           December 17, 2004


          Note.--The Afghanistan Freedom Support Act Amendments 
        of 2004 amended the Afghanistan Freedom Support Act of 
        2002. Amendments have been incorporated into that Act. 
        The remaining freestanding measures are presented here.



SEC. 7104. ASSISTANCE FOR AFGHANISTAN.

    (a) \1\ Short Title.--This section may be cited as the 
``Afghanistan Freedom Support Act Amendments of 2004''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7501 note.
---------------------------------------------------------------------------
    (b) \2\ Coordination of Assistance.--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 7511 note.
---------------------------------------------------------------------------
          (1) Findings.--Consistent with the report of the 
        National Commission on Terrorist Attacks Upon the 
        United States, Congress makes the following findings:
                  (A) The United States and its allies in the 
                international community have made progress in 
                promoting economic and political reform within 
                Afghanistan, including the establishment of a 
                central government with a democratic 
                constitution, a new currency, and a new army, 
                the increase of personal freedom, and the 
                elevation of the standard of living of many 
                Afghans.
                  (B) A number of significant obstacles must be 
                overcome if Afghanistan is to become a secure 
                and prosperous democracy, and such a transition 
                depends in particular upon--
                          (i) improving security throughout the 
                        country;
                          (ii) disarming and demobilizing 
                        militias;
                          (iii) curtailing the rule of the 
                        warlords;
                          (iv) promoting equitable economic 
                        development;
                          (v) protecting the human rights of 
                        the people of Afghanistan;
                          (vi) continuing to hold elections for 
                        public officials; and
                          (vii) ending the cultivation, 
                        production, and trafficking of 
                        narcotics.
                  (C) The United States and the international 
                community must make a long-term commitment to 
                addressing the unstable security situation in 
                Afghanistan and the burgeoning narcotics trade, 
                endemic poverty, and other serious problems in 
                Afghanistan in order to prevent that country 
                from relapsing into a sanctuary for 
                international terrorism.
          (2) Sense of congress.--It is the sense of Congress 
        that the United States Government should take, with 
        respect to Afghanistan, the following actions:
                  (A) Work with other nations to obtain long-
                term security, political, and financial 
                commitments and fulfillment of pledges to the 
                Government of Afghanistan to accomplish the 
                objectives of the Afghanistan Freedom Support 
                Act of 2002 (22 U.S.C. 7501 et seq.), 
                especially to ensure a secure, democratic, and 
                prosperous Afghanistan that respects the rights 
                of its citizens and is free of international 
                terrorist organizations.
                  (B) Use the voice and vote of the United 
                States in relevant international organizations, 
                including the North Atlantic Treaty 
                Organization and the United Nations Security 
                Council, to strengthen international 
                commitments to assist the Government of 
                Afghanistan in enhancing security, building 
                national police and military forces, increasing 
                counter-narcotics efforts, and expanding 
                infrastructure and public services throughout 
                the country.
                  (C) Take appropriate steps to increase the 
                assistance provided under programs of the 
                Department of State and the United States 
                Agency for International Development throughout 
                Afghanistan and to increase the number of 
                personnel of those agencies in Afghanistan as 
                necessary to support the increased assistance.
  (c) Coordinator for Assistance.--
          (1) \3\ Findings.--Congress makes the following 
        findings:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 7514 note.
---------------------------------------------------------------------------
                  (A) The Final Report of the National 
                Commission on Terrorist Attacks Upon the United 
                States criticized the provision of United 
                States assistance to Afghanistan for being too 
                inflexible.
                  (B) The Afghanistan Freedom Support Act of 
                2002 (22 U.S.C. 7501 et seq.) contains 
                provisions that provide for flexibility in the 
                provision of assistance for Afghanistan and are 
                not subject to the requirements of typical 
                foreign assistance programs and provide for the 
                designation of a coordinator to oversee United 
                States assistance for Afghanistan.
          (2) * * *
          * * * * * * *
    (e) General Provisions Relating to the Afghanistan Freedom 
Support Act of 2002.--
          (1) Assistance to promote economic, political and 
        social development.--
                  (A) \4\ Declaration of policy.--Congress 
                reaffirms the authorities contained in title I 
                of the Afghanistan Freedom Support Act of 2002 
                (22 U.S.C. 7501 et seq.), relating to economic 
                and democratic development assistance for 
                Afghanistan.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 7513 note.
---------------------------------------------------------------------------
                  (B) Provision of assistance.--* * *
          (2) \5\ Declarations of general policy.--Congress 
        makes the following declarations:
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 7511 note.
---------------------------------------------------------------------------
                  (A) The United States reaffirms the support 
                that it and other countries expressed for the 
                report entitled ``Securing Afghanistan's 
                Future'' in their Berlin Declaration of April 
                2004. The United States should help enable the 
                growth needed to create an economically 
                sustainable Afghanistan capable of the poverty 
                reduction and social development foreseen in 
                the report.
                  (B) The United States supports the 
                parliamentary elections to be held in 
                Afghanistan by April 2005 and will help ensure 
                that such elections are not undermined, 
                including by warlords or narcotics traffickers.
                  (C) The United States continues to urge North 
                Atlantic Treaty Organization members and other 
                friendly countries to make much greater 
                military contributions toward securing the 
                peace in Afghanistan.
          * * * * * * *
    (f) Education, the Rule of Law, and Related Issues.--
          (1) \6\ Declaration of policy.--Congress declares 
        that, although Afghanistan has adopted a new 
        constitution and made progress on primary education, 
        the United States must invest in a concerted effort in 
        Afghanistan to improve the rule of law, good 
        governance, and effective policing, to accelerate work 
        on secondary and university education systems, and to 
        establish new initiatives to increase the capacity of 
        civil society.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 7513 note.
---------------------------------------------------------------------------
          * * * * * * *
    (h) United States Policy To Support Disarmament of Private 
Militias and Expansion of International Peacekeeping and 
Security Operations in Afghanistan.--
          (1) \7\ United states policy relating to disarmament 
        of private militias.--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 7536 note.
---------------------------------------------------------------------------
                  (A) In general.--It shall be the policy of 
                the United States to take immediate steps to 
                provide active support for the disarmament, 
                demobilization, and reintegration of armed 
                soldiers, particularly child soldiers, in 
                Afghanistan, in close consultation with the 
                President of Afghanistan.
                  (B) Report.--The report required under 
                section 206(c)(2) of the Afghanistan Freedom 
                Support Act of 2002 (22 U.S.C. 7536(c)(2)) 
                shall include a description of the progress to 
                implement paragraph (1).
          * * * * * * *
                                n. Sudan

              (1) Comprehensive Peace in Sudan Act of 2004

  Public Law 108-497 [S. 2781], 118 Stat. 4012, approved December 23, 
                                  2004

   AN ACT To express the sense of Congress regarding the conflict in 
 Darfur, Sudan, to provide assistance for the crisis in Darfur and for 
         comprehensive peace in Sudan, 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 ``Comprehensive Peace in Sudan 
Act of 2004''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------

SEC. 2. DEFINITIONS.

    In this Act:
          (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) Government of sudan.--The term ``Government of 
        Sudan'' means the National Congress Party, formerly 
        known as the National Islamic Front, government in 
        Khartoum, Sudan, or any successor government formed on 
        or after the date of the enactment of this Act (other 
        than the coalition government agreed upon in the 
        Nairobi Declaration on the Final Phase of Peace in the 
        Sudan signed on June 5, 2004).
          (3) JEM.--The term ``JEM'' means the Justice and 
        Equality Movement.
          (4) SLA.--The term ``SLA'' means the Sudan Liberation 
        Army.
          (5) SPLM.--The term ``SPLM'' means the Sudan People's 
        Liberation Movement.

SEC. 3. FINDINGS.

    Congress makes the following findings:
          (1) A comprehensive peace agreement for Sudan, as 
        envisioned in the Sudan Peace Act (50 U.S.C. 1701 note) 
        and the Machakos Protocol of 2002, could be in jeopardy 
        if the parties do not implement and honor the 
        agreements they have signed.
          (2) Since seizing power through a military coup in 
        1989, the Government of Sudan repeatedly has attacked 
        and dislocated civilian populations in southern Sudan 
        in a coordinated policy of ethnic cleansing and 
        genocide that has cost the lives of more than 2,000,000 
        people and displaced more than 4,000,000 people.
          (3) In response to two decades of civil conflict in 
        Sudan, the United States has helped to establish an 
        internationally supported peace process to promote a 
        negotiated settlement to the war that has resulted in a 
        framework peace agreement, the Nairobi Declaration on 
        the Final Phase of Peace in the Sudan, signed on June 
        5, 2004.
          (4) At the same time that the Government of Sudan was 
        negotiating for a comprehensive and all inclusive peace 
        agreement, enumerated in the Nairobi Declaration on the 
        Final Phase of Peace in the Sudan, it refused to engage 
        in any meaningful discussion with regard to its ongoing 
        campaign of ethnic cleansing and genocide in the Darfur 
        region of western Sudan.
          (5) The Government of Sudan reluctantly agreed to 
        attend talks to bring peace to the Darfur region only 
        after considerable international pressure and outrage 
        was expressed through high level visits by Secretary of 
        State Colin Powell and others, and through United 
        Nations Security Council Resolution 1556 (July 30, 
        2004).
          (6) The Government of the United States, in both the 
        executive branch and Congress, has concluded that 
        genocide has been committed and may still be occurring 
        in the Darfur region, and that the Government of Sudan 
        and militias supported by the Government of Sudan, 
        known as the Janjaweed, bear responsibility for the 
        genocide.
          (7) Evidence collected by international observers in 
        the Darfur region between February 2003 and November 
        2004 indicate a coordinated effort to target African 
        Sudanese civilians in a scorched earth policy, similar 
        to that which was employed in southern Sudan, that has 
        destroyed African Sudanese villages, killing and 
        driving away their people, while Arab Sudanese villages 
        have been left unscathed.
          (8) As a result of this genocidal policy in the 
        Darfur region, an estimated 70,000 people have died, 
        more than 1,600,000 people have been internally 
        displaced, and more than 200,000 people have been 
        forced to flee to neighboring Chad.
          (9) Reports further indicate the systematic rape of 
        thousands of women and girls, the abduction of women 
        and children, and the destruction of hundreds of 
        ethnically African villages, including the poisoning of 
        their wells and the plunder of their crops and cattle 
        upon which the people of such villages sustain 
        themselves.
          (10) Despite the threat of international action 
        expressed through United Nations Security Council 
        Resolutions 1556 (July 30, 2004) and 1564 (September 
        18, 2004), the Government of Sudan continues to 
        obstruct and prevent efforts to reverse the 
        catastrophic consequences that loom over the Darfur 
        region.
          (11) In addition to the thousands of violent deaths 
        directly caused by ongoing Sudanese military and 
        government-sponsored Janjaweed attacks in the Darfur 
        region, the Government of Sudan has restricted access 
        by humanitarian and human rights workers to the Darfur 
        area through intimidation by military and security 
        forces, and through bureaucratic and administrative 
        obstruction, in an attempt to inflict the most 
        devastating harm on those individuals displaced from 
        their villages and homes without any means of 
        sustenance or shelter.
          (12) The Government of Sudan's continued support for 
        the Janjaweed and their obstruction of the delivery of 
        food, shelter, and medical care to the Darfur region is 
        estimated by the World Health Organization to be 
        causing up to 10,000 deaths per month and, should 
        current conditions persist, is projected to escalate to 
        thousands of deaths each day by December 2004.
          (13) The Government of Chad served an important role 
        in facilitating the humanitarian cease-fire (the 
        N'Djamena Agreement dated April 8, 2004) for the Darfur 
        region between the Government of Sudan and the two 
        opposition rebel groups in the Darfur region (the JEM 
        and the SLA), although both sides have violated the 
        cease-fire agreement repeatedly.
          (14) The people of Chad have responded courageously 
        to the plight of over 200,000 Darfur refugees by 
        providing assistance to them even though such 
        assistance has adversely affected their own means of 
        livelihood.
          (15) On September 9, 2004, Secretary of State Colin 
        Powell stated before the Committee on Foreign Relations 
        of the Senate: ``When we reviewed the evidence compiled 
        by our team, along with other information available to 
        the State Department, we concluded that genocide has 
        been committed in Darfur and that the Government of 
        Sudan and the [Janjaweed] bear responsibility--and 
        genocide may still be occurring.''.
          (16) The African Union has demonstrated renewed vigor 
        in regional affairs through its willingness to respond 
        to the crisis in the Darfur region, by convening talks 
        between the parties and deploying several hundred 
        monitors and security forces to the region, as well as 
        by recognizing the need for a far larger force with a 
        broader mandate.
          (17) The Government of Sudan's complicity in the 
        atrocities and genocide in the Darfur region raises 
        fundamental questions about the Government of Sudan's 
        commitment to peace and stability in Sudan.

SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR, SUDAN.

    (a) Sudan Peace Act.--It is the sense of Congress that the 
Sudan Peace Act (50 U.S.C. 1701 note) remains relevant and 
should be extended to include the Darfur region of Sudan.
    (b) Actions To Address the Conflict.--It is the sense of 
Congress that--
          (1) a legitimate countrywide peace in Sudan will only 
        be possible if those principles enumerated in the 1948 
        Universal Declaration of Human Rights, that are 
        affirmed in the Machakos Protocol of 2002 and the 
        Nairobi Declaration on the Final Phase of Peace in the 
        Sudan signed on June 5, 2004, are applied to all of 
        Sudan, including the Darfur region;
          (2) the parties to the N'Djamena Agreement (the 
        Government of Sudan, the JEM, and the SLA) must meet 
        their obligations under that Agreement to allow safe 
        and immediate delivery of all humanitarian assistance 
        throughout the Darfur region and must expedite the 
        conclusion of a political agreement to end the genocide 
        and conflict in the Darfur region;
          (3) the United States should continue to provide 
        humanitarian assistance to the areas of Sudan to which 
        the United States has access and, at the same time, 
        implement a plan to provide assistance to the areas of 
        Sudan to which access has been obstructed or denied;
          (4) the international community, including African, 
        Arab, and Muslim nations, should immediately provide 
        resources necessary to save the lives of hundreds of 
        thousands of individuals at risk as a result of the 
        crisis in the Darfur region;
          (5) the United States and the international community 
        should--
                  (A) provide all necessary assistance to 
                deploy and sustain an African Union Force to 
                the Darfur region; and
                  (B) work to increase the authorized level and 
                expand the mandate of such forces commensurate 
                with the gravity and scope of the problem in a 
                region the size of France;
          (6) the President, acting through the Secretary of 
        State and the Permanent Representative of the United 
        States to the United Nations, should--
                  (A) condemn any failure on the part of the 
                Government of Sudan to fulfill its obligations 
                under United Nations Security Council 
                Resolutions 1556 (July 30, 2004) and 1564 
                (September 18, 2004), and press the United 
                Nations Security Council to respond to such 
                failure by immediately imposing the penalties 
                suggested in paragraph (14) of United Nations 
                Security Council Resolution 1564;
                  (B) press the United Nations Security Council 
                to pursue accountability for those individuals 
                who are found responsible for orchestrating and 
                carrying out the atrocities in the Darfur 
                region, consistent with relevant United Nations 
                Security Council Resolutions; and
                  (C) encourage member states of the United 
                Nations to--
                          (i) cease to import Sudanese oil; and
                          (ii) take the following actions 
                        against Sudanese Government and 
                        military officials and other 
                        individuals, who are planning, carrying 
                        out, or otherwise involved in the 
                        policy of genocide in the Darfur 
                        region, as well as their families, and 
                        businesses controlled by the Government 
                        of Sudan and the National Congress 
                        Party:
                                  (I) freeze the assets held by 
                                such individuals or businesses 
                                in each such member state; and
                                  (II) restrict the entry or 
                                transit of such officials 
                                through each such member state;
          (7) the President should impose targeted sanctions, 
        including a ban on travel and the freezing of assets, 
        on those officials of the Government of Sudan, 
        including military officials, and other individuals who 
        have planned or carried out, or otherwise been involved 
        in the policy of genocide in the Darfur region, and 
        should also freeze the assets of businesses controlled 
        by the Government of Sudan or the National Congress 
        Party;
          (8) the Government of the United States should not 
        normalize relations with Sudan, including through the 
        lifting of any sanctions, until the Government of Sudan 
        agrees to, and takes demonstrable steps to implement, 
        peace agreements for all areas of Sudan, including the 
        Darfur region;
          (9) those individuals found to be involved in the 
        planning or carrying out of genocide, war crimes, or 
        crimes against humanity should not hold leadership 
        positions in the Government of Sudan or the coalition 
        government established pursuant to the agreements 
        reached in the Nairobi Declaration on the Final Phase 
        of Peace in the Sudan; and
          (10) the Government of Sudan has a primary 
        responsibility to guarantee the safety and welfare of 
        its citizens, which includes allowing them access to 
        humanitarian assistance and providing them protection 
        from violence.

SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT. * * * \2\
---------------------------------------------------------------------------

    \2\ For amended text, see page 636.
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SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

    (a) Sanctions.--Beginning on the date that is 30 days after 
the date of enactment of this Act, the President shall, 
notwithstanding paragraph (1) of section 6(b) of the Sudan 
Peace Act (50 U.S.C. 1701 note), implement the measures set 
forth in subparagraphs (A) through (D) of paragraph (2) of such 
section.
    (b) Blocking of Assets.--Beginning on the date that is 30 
days after the date of enactment of this Act, the President 
shall, consistent with the authorities granted in the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et 
seq.), block the assets of appropriate senior officials of the 
Government of Sudan.
    (c) Waiver.--The President may waive the application of 
subsection (a) or (b) if the President determines and certifies 
to the appropriate congressional committees that such a waiver 
is in the national interest of the United States.
    (d) Continuation of Restrictions.--Restrictions against the 
Government of Sudan that were imposed pursuant to title III and 
sections 508, 512, and 527 of the Foreign Operations, Export 
Financing, and Related Programs Act, 2004 (division D of Public 
Law 108-199; 118 Stat. 143), or any other similar provision of 
law, shall remain in effect against the Government of Sudan and 
may not be lifted pursuant to such provisions of law unless the 
President transmits a certification to the appropriate 
congressional committees in accordance with paragraph (2) of 
section 12(a) of the Sudan Peace Act (as added by section 
5(a)(1) of this Act).
    (e) Determination.--Notwithstanding subsection (a) of this 
section, the President shall continue to transmit the 
determination required under section 6(b)(1)(A) of the Sudan 
Peace Act (50 U.S.C. 1701 note).

SEC. 7. ADDITIONAL AUTHORITIES.

    Notwithstanding any other provision of law, the President 
is authorized to provide assistance, other than military 
assistance, to areas that were outside of the control of the 
Government of Sudan on April 8, 2004, including to provide 
assistance for emergency relief, development and governance, or 
to implement any program in support of any viable peace 
agreement at the local, regional, or national level in Sudan.

SEC. 8. TECHNICAL CORRECTION.

    Section 12 of the International Organizations Immunities 
Act (22 U.S.C. 288f-2) is amended by striking ``Organization of 
African Unity'' and inserting ``African Union''.
                          (2) Sudan Peace Act

 Public Law 107-245 [H.R. 5531], 116 Stat. 1504, approved October 21, 
 2002; amended by Public Law 108-497 [Comprehensive Peace in Sudan Act 
     of 2004; S. 2781], 118 Stat. 4012, approved December 23, 2004

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''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note.
---------------------------------------------------------------------------

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.--Except as provided in 
        section 12, the \2\ term ``Government of Sudan'' means 
        the National Islamic Front government in Khartoum, 
        Sudan.
---------------------------------------------------------------------------
    \2\ Sec. 5(a)(2)(A) of the Comprehensive Peace in Sudan Act of 2004 
(Public Law 108-497; 118 Stat. 4017) struck out ``The'' and inserted in 
lieu thereof ``Except as provided in section 12, the''.
---------------------------------------------------------------------------
          (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''.
          (4) \3\ SPLM.--The term ``SPLM'' means the Sudan 
        People's Liberation Movement.
---------------------------------------------------------------------------
    \3\ Sec. 5(a)(2)(B) of the Comprehensive Peace in Sudan Act of 2004 
(Public Law 108-497; 118 Stat. 4017) added para. (4).
---------------------------------------------------------------------------

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) \4\ 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.
---------------------------------------------------------------------------
    \4\ On April 21, 2003, the President determined and certified that 
``the Government of Sudan and the Sudan People's Liberation Movement 
are negotiating in good faith and the negotiations should continue'' 
(Presidential Determination No. 2003-21; 68 F.R. 20329). Identical 
determinations followed: Presidential Determination No. 2004-05 of 
October 21, 2003 (68 F.R. 63977), and Presidential Determination No. 
2004-29 of April 21, 2004 (69 F.R. 24905). In a memorandum of October 
21, 2004, the President delegated the determination, certification, and 
reporting functions of sec. 6(b)(1) to the Secretary of State (69 F.R. 
63039).
---------------------------------------------------------------------------
                  (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) \5\ 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.
---------------------------------------------------------------------------
    \5\ In a memorandum of March 14, 2005, the President delegated the 
reporting function under sec. 6(e) to the Secretary of State (70 F.R. 
14967; March 24, 2005).
---------------------------------------------------------------------------
    (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\,}\6\ REPORTING REQUIREMENTS.

    (a) Report on Commercial Activity.--Not later than 30 days 
after the date of the enactment of the Comprehensive Peace in 
Sudan Act of 2004, and annually thereafter until the completion 
of the interim period outlined in the Machakos Protocol of 
2002, the Secretary of State, in consultation with relevant 
United States Government departments and agencies, shall submit 
to the appropriate congressional committees a report regarding 
commercial activity in Sudan that includes--
---------------------------------------------------------------------------
    \6\ Sec. 5(b) of the Comprehensive Peace in Sudan Act of 2004 
(Public Law 108-497; 118 Stat. 4017) amended and restated sec. 8. It 
previously read as follows:
---------------------------------------------------------------------------

``sec. 8. 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.''.

          (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 the 
        involvement of United States citizens; and
          (3) a description of the relationships between 
        Sudan's arms industry and major foreign business 
        enterprises and their subsidiaries, including 
        government-controlled entities.
    (b) Report on the Conflict in Sudan, Including the Darfur 
Region.--Not later than 30 days after the date of the enactment 
of the Comprehensive Peace in Sudan Act of 2004, and annually 
thereafter until the completion of the interim period outlined 
in the Machakos Protocol of 2002, the Secretary of State shall 
prepare and submit to the appropriate congressional committees 
a report regarding the conflict in Sudan, including the 
conflict in the Darfur region. Such report shall include--
          (1) the best estimates of the extent of aerial 
        bombardment of civilian centers in Sudan by the 
        Government of Sudan, including targets, frequency, and 
        best estimates of damage; and
          (2) a description of the extent to which humanitarian 
        relief in Sudan has been obstructed or manipulated by 
        the Government of Sudan or other forces, and a 
        contingency plan to distribute assistance should the 
        Government of Sudan continue to obstruct or delay the 
        international humanitarian response to the crisis in 
        Darfur.
    (c) Disclosure to the Public.--The Secretary of State shall 
publish or otherwise make available to the public each 
unclassified report, or portion of a report that is 
unclassified, submitted under subsection (a) or (b).

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.

SEC. 12.\7\ ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COMPREHENSIVE 
                    PEACE IN SUDAN.

    (a) Assistance.--
---------------------------------------------------------------------------
    \7\ 50 U.S.C. 1701 note. Sec. 5(a)(1) of the Comprehensive Peace in 
Sudan Act of 2004 (Public Law 108-497; 118 Stat. 4016) added sec. 12.
---------------------------------------------------------------------------
          (1) Authority.--Notwithstanding any other provision 
        of law, the President is authorized to provide 
        assistance for Sudan as authorized in paragraph (5) of 
        this section--
                  (A) subject to the requirements of this 
                section, to support the implementation of a 
                comprehensive peace agreement that applies to 
                all regions of Sudan, including the Darfur 
                region; and
                  (B) to address the humanitarian and human 
                rights crisis in the Darfur region and eastern 
                Chad, including to support the African Union 
                mission in the Darfur region, provided that no 
                assistance may be made available to the 
                Government of Sudan.
          (2) Certification for the government of sudan.--
        Assistance authorized under paragraph (1)(A) may be 
        provided to the Government of Sudan only if the 
        President certifies to the appropriate congressional 
        committees that the Government of Sudan has taken 
        demonstrable steps to--
                  (A) ensure that the armed forces of Sudan and 
                any associated militias are not committing 
                atrocities or obstructing human rights monitors 
                or the provision of humanitarian assistance;
                  (B) demobilize and disarm militias supported 
                or created by the Government of Sudan;
                  (C) allow full and unfettered humanitarian 
                assistance to all regions of Sudan, including 
                the Darfur region;
                  (D) allow an international commission of 
                inquiry to conduct an investigation of 
                atrocities in the Darfur region, in a manner 
                consistent with United Nations Security Council 
                Resolution 1564 (September 18, 2004), to 
                investigate reports of violations of 
                international humanitarian law and human rights 
                law in the Darfur region by all parties, to 
                determine also whether or not acts of genocide 
                have occurred and to identify the perpetrators 
                of such violations with a view to ensuring that 
                those responsible are held accountable;
                  (E) cooperate fully with the African Union, 
                the United Nations, and all other observer, 
                monitoring, and protection missions mandated to 
                operate in Sudan;
                  (F) permit the safe and voluntary return of 
                displaced persons and refugees to their homes 
                and rebuild the communities destroyed in the 
                violence; and
                  (G) implement the final agreements reached in 
                the Naivasha peace process and install a new 
                coalition government based on the Nairobi 
                Declaration on the Final Phase of Peace in the 
                Sudan signed on June 5, 2004.
          (3) Certification with regard to splm's compliance 
        with a peace agreement.--If the President determines 
        and certifies in writing to the appropriate 
        congressional committees that the SPLM has not engaged 
        in good faith negotiations, or has failed to honor the 
        agreements signed, the President shall suspend 
        assistance authorized in this section for the SPLM, 
        except for health care, education, and humanitarian 
        assistance.
          (4) Suspension of assistance.--If, on a date after 
        the President transmits the certification described in 
        paragraph (2), the President determines that the 
        Government of Sudan has ceased taking the actions 
        described in such paragraph, the President shall 
        immediately suspend the provision of any assistance to 
        such Government under this section until the date on 
        which the President transmits to the appropriate 
        congressional committees a further certification that 
        the Government of Sudan has resumed taking such 
        actions.
          (5) Authorization of appropriations.--
                  (A) In general.--In addition to any other 
                funds otherwise available for such purposes, 
                there are authorized to be appropriated to the 
                President--
                          (i) $100,000,000 for fiscal year 
                        2005, and such sums as may be necessary 
                        for each of the fiscal years 2006 and 
                        2007, unless otherwise authorized, to 
                        carry out paragraph (1)(A); and
                          (ii) $200,000,000 for fiscal year 
                        2005 to carry out paragraph (1)(B), 
                        provided that no amounts appropriated 
                        under this authorization may be made 
                        available for the Government of Sudan.
                  (B) Availability.--Amounts appropriated 
                pursuant to the authorization of appropriations 
                under subparagraph (A) are authorized to remain 
                available until expended.
    (b) Government of Sudan Defined.--In this section, the term 
``Government of Sudan'' means the National Congress Party, 
formerly known as the National Islamic Front, government in 
Khartoum, Sudan, or any successor government formed on or after 
the date of the enactment of the Comprehensive Peace in Sudan 
Act (other than the coalition government agreed upon in the 
Nairobi Declaration on the Final Phase of Peace in the Sudan 
signed on June 5, 2004).
                       o. Trafficking in Persons

             (1) 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; Public Law 108-193 [Trafficking Victims 
  Protection Reauthorization Act of 2003; H.R. 2620], 117 Stat. 2875, 
  approved December 19, 2003; and by Public Law 109-164 [Trafficking 
 Victims Protection Reauthorization Act of 2005; H.R. 972], 119 Stat. 
                    3558, approved January 10, 2006

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''.
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    \1\ 22 U.S.C. 7101 note.
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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.
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    (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 in support of 
                        programs of nongovernmental 
                        organizations \4\ that is made 
                        available for any program, project, or 
                        activity eligible for assistance under 
                        chapter 1 of part I of that Act;
---------------------------------------------------------------------------
    \4\ Sec. 8(b)(1) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2887) 
inserted ``in support of programs of nongovernmental organizations'' 
after ``part II of that Act''.
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                          (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: * * * \5\
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    \5\ Should refer to 22 U.S.C. 2151n(f).
---------------------------------------------------------------------------
    (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: * * 
*

SEC. 105.\6\ INTERAGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING.

    (a) Establishment.--The President shall establish an 
Interagency Task Force to Monitor and Combat Trafficking.\7\
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    \6\ 22 U.S.C. 7103.
    \7\ 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), required the establishment of a Senior Policy Operating 
Group under the Interagency Task Force. Sec. 6(c) of the Trafficking 
Victims Protection Reauthorization Act of 2003 (Public Law 108-193; 117 
Stat. 2881) subsequently added the establishment of the Senior Policy 
Operating Group to sec. 105 and repealed sec. 406.
    The President established an Interagency Task Force to Monitor and 
Combat Trafficking in Persons with the issuance of Executive Order 
13257 of February 13, 2002 (67 F.R. 7259). For text, see page 680. The 
Department of State issued a final rule to implement sec. 105, 
effective September 22, 2005 (Department of State Public Notice PN-
5200; 22 CFR Part 96; 70 F.R. 59654; October 13, 2005).
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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 
National Intelligence,\8\ the Secretary of Defense, the 
Secretary of Homeland Security,\9\ and such other officials as 
may be designated by the President.
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    \8\ Sec. 104(a)(1) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) struck 
out ``the Director of Central Intelligence'' and inserted in lieu 
thereof ``the Director of National Intelligence''.
    \9\ Sec. 104(a)(2) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) 
inserted ``, the Secretary of Defense, the Secretary of Homeland 
Security'' after ``the Director of National Security''.
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    (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.
          (7) \10\ Not later than May 1, 2004, and annually 
        thereafter, the Attorney General shall submit 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, a report on Federal agencies that are 
        implementing any provision of this division, or any 
        amendment made by this division, which shall include, 
        at a minimum, information on--
---------------------------------------------------------------------------
    \10\ Sec. 6(a)(1) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2880) added 
para. (7).
---------------------------------------------------------------------------
                  (A) the number of persons who received 
                benefits or other services under section 107(b) 
                in connection with programs or activities 
                funded or administered by the Secretary of 
                Health and Human Services, the Secretary of 
                Labor, the Board of Directors of the Legal 
                Services Corporation, and other appropriate 
                Federal agencies during the preceding fiscal 
                year;
                  (B) the number of persons who have been 
                granted continued presence in the United States 
                under section 107(c)(3) during the preceding 
                fiscal year;
                  (C) the number of persons who have applied 
                for, been granted, or been denied a visa or 
                otherwise provided status under section 
                101(a)(15)(T)(i) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)) 
                during the preceding fiscal year;
                  (D) the number of persons who have been 
                charged or convicted under one or more of 
                sections 1581, 1583, 1584, 1589, 1590, 1591, 
                1592, or 1594 of title 18, United States Code, 
                during the preceding fiscal year and the 
                sentences imposed against each such person;
                  (E) the amount, recipient, and purpose of 
                each grant issued by any Federal agency to 
                carry out the purposes of sections 106 and 107 
                of this Act, or section 134 of the Foreign 
                Assistance Act of 1961, during the preceding 
                fiscal year;
                  (F) the nature of training conducted pursuant 
                to section 107(c)(4) during the preceding 
                fiscal year; \11\
---------------------------------------------------------------------------
    \11\ Sec. 205 of the Trafficking Victims Protection Reauthorization 
Act of 2005 (Public Law 109-164 119 Stat. 3571) struck out ``and'' at 
the end of subpara. (F); redesignated subpara. (G) as subpara. (H); and 
added a new subpara. (G).
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                  (G) \11\ the amount, recipient, and purpose 
                of each grant under section 202 and 204 of the 
                Trafficking Victims Protection Act of 2005; and
                  (H) \11\ the activities undertaken by the 
                Senior Policy Operating Group to carry out its 
                responsibilities under section 105(f) 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, who shall be appointed by the President, by and 
with the advice and consent of the Senate, with the rank of 
Ambassador-at-Large.\12\ 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.
---------------------------------------------------------------------------
    \12\ Sec. 6(b)(1) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2881) 
inserted ``, who shall be appointed by the President, by and with the 
advice and consent of the Senate, with the rank of Ambassador-at-
Large''. Sec. 6(b)(2) of that Act (22 U.S.C. 7103 note) provided the 
following:
    ``(2) Applicability.--The individual who holds the position of 
Director of the Office to Monitor and Combat Trafficking of the 
Department of State may continue to hold such position notwithstanding 
the amendment made by paragraph (1).''.
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    (f) \13\ Senior Policy Operating Group.--
---------------------------------------------------------------------------
    \13\ Sec. 6(c)(1) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2881) added 
subsec. (f).
---------------------------------------------------------------------------
          (1) Establishment.--There shall be established within 
        the executive branch a Senior Policy Operating Group.
          (2) Membership; related matters.--
                  (A) In general.--The Operating Group shall 
                consist of the senior officials designated as 
                representatives of the appointed members of the 
                Task Force (pursuant to Executive Order No. 
                13257 of February 13, 2002).
                  (B) Chairperson.--The Operating Group shall 
                be chaired by the Director of the Office to 
                Monitor and Combat Trafficking of the 
                Department of State.
                  (C) Meetings.--The Operating Group shall meet 
                on a regular basis at the call of the 
                Chairperson.
          (3) Duties.--The Operating Group shall coordinate 
        activities of Federal departments and agencies 
        regarding policies (including grants and grant 
        policies) involving the international trafficking in 
        persons and the implementation of this division.
          (4) Availability of information.--Each Federal 
        department or agency represented on the Operating Group 
        shall fully share all information with such Group 
        regarding the department or agency's plans, before and 
        after final agency decisions are made, on all matters 
        relating to grants, grant policies, and other 
        significant actions regarding the international 
        trafficking in persons and the implementation of this 
        division.
          (5) Regulations.--Not later than 90 days after the 
        date of the enactment of the Trafficking Victims 
        Protection Reauthorization Act of 2003, the President 
        shall promulgate regulations to implement this section, 
        including regulations to carry out paragraph (4).

SEC. 106.\14\ 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--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 7104.
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          (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) \15\ Border Interdiction.--The President shall 
establish and carry out programs of border interdiction outside 
the United States. Such programs shall include providing grants 
to foreign nongovernmental organizations that provide for 
transit shelters operating at key border crossings and that 
help train survivors of trafficking in persons to educate and 
train border guards and officials, and other local law 
enforcement officials, to identify traffickers and victims of 
severe forms of trafficking, and the appropriate manner in 
which to treat such victims. Such programs shall also include, 
to the extent appropriate, monitoring by such survivors of 
trafficking in persons of the implementation of border 
interdiction programs, including helping in the identification 
of such victims to stop the cross-border transit of victims. 
The President shall ensure that any program established under 
this subsection provides the opportunity for any trafficking 
victim who is freed to return to his or her previous residence 
if the victim so chooses.
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    \15\ Sec. 3(a) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2875) 
redesignated subsec. (c) as subsec. (f), and added new subsecs. (c) 
through (e).
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    (d) \15\ International Media.--The President shall 
establish and carry out programs that support the production of 
television and radio programs, including documentaries, to 
inform vulnerable populations overseas of the dangers of 
trafficking, and to increase awareness of the public in 
countries of destination regarding the slave-like practices and 
other human rights abuses involved in trafficking, including 
fostering linkages between individuals working in the media in 
different countries to determine the best methods for informing 
such populations through such media.
    (e) \15\ Combating International Sex Tourism.--
          (1) Development and dissemination of materials.--The 
        President, pursuant to such regulations as may be 
        prescribed, shall ensure that materials are developed 
        and disseminated to alert travelers that sex tourism 
        (as described in subsections (b) through (f) of section 
        2423 of title 18, United States Code) is illegal, will 
        be prosecuted, and presents dangers to those involved. 
        Such materials shall be disseminated to individuals 
        traveling to foreign destinations where the President 
        determines that sex tourism is significant.
          (2) Monitoring of compliance.--The President shall 
        monitor compliance with the requirements of paragraph 
        (1).
          (3) Feasibility report.--Not later than 180 days 
        after the date of the enactment of the Trafficking 
        Victims Protection Reauthorization Act of 2003, the 
        President shall transmit to the Committee on 
        International Relations of the House of Representatives 
        and the Committee on Foreign Affairs of the Senate a 
        report that describes the feasibility of such United 
        States Government materials being disseminated through 
        public-private partnerships to individuals traveling to 
        foreign destinations.
    (f) \15\ 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).
    (g) \16\ Termination of Certain Grants, Contracts and 
Cooperative Agreements.--The President shall ensure that any 
grant, contract, or cooperative agreement provided or entered 
into by a Federal department or agency under which funds \16\ 
are to be provided to a private entity, in whole or in part, 
shall include a condition that authorizes the department or 
agency to terminate the grant, contract, or cooperative 
agreement, without penalty, if the grantee or any subgrantee, 
or the contractor or any subcontractor (i) engages in severe 
forms of trafficking in persons or has procured a commercial 
sex act during the period of time that the grant, contract, or 
cooperative agreement is in effect, or (ii) uses forced labor 
in the performance of the grant, contract, or cooperative 
agreement.
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    \16\ Sec. 3(b) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2876) added 
subsec. (g). Sec. 201(b)(1) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3569) struck 
out ``Cooperative Agreements.--'' through ``The President shall'' and 
inserted in lieu thereof ``Cooperative Agreements.--The President 
shall''. Sec. 201(b)(2) of that Act struck out ``described in paragraph 
(2)'' after ``which funds''; and sec. 201(b)(3) of that Act struck out 
para. (2), which had read as follows:
    ``(2) Assistance described.--Funds referred to in paragraph (1) are 
funds made available to carry out any program, project, or activity 
abroad funded under major functional budget category 150 (relating to 
international affairs).''.
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    (h) \17\ Prevention of Trafficking in Conjunction With 
Post-Conflict and Humanitarian Emergency Assistance.--The 
United States Agency for International Development, the 
Department of State, and the Department of Defense shall 
incorporate anti-trafficking and protection measures for 
vulnerable populations, particularly women and children, into 
their post-conflict and humanitarian emergency assistance and 
program activities.
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    \17\ Sec. 101(a) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3560) added 
subsec. (h).
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SEC. 107.\18\ PROTECTION AND ASSISTANCE FOR VICTIMS OF TRAFFICKING.

    (a) Assistance for Victims in Other Countries.--
---------------------------------------------------------------------------
    \18\ 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: \19\
---------------------------------------------------------------------------
    \19\ 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, and by facilitating contact between 
                relevant foreign government agencies and such 
                nongovernmental organizations to facilitate 
                cooperation between the foreign governments and 
                such organizations.\20\
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    \20\ Sec. 4(a)(1) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877) added 
``, and by facilitating contact between relevant foreign government 
agencies and such nongovernmental organizations to facilitate 
cooperation between the foreign governments and such organizations''.
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                  (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, or an alien classified as a 
                nonimmigrant under section 
                101(a)(15(T)(ii),\21\ 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.
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    \21\ Sec. 4(a)(2)(A) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877) added 
``, or an alien classified as a nonimmigrant under section 
101(a)(15(T)(ii),''.
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                  (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,and 
                aliens classified as a nonimmigrant under 
                section 101(a)(15)(T)(ii),\22\ without regard 
                to the immigration status of such victims. In 
                the case of nonentitlement programs funded by 
                the Secretary of Health and Human Services, 
                such benefits and services may include services 
                to assist potential victims of trafficking in 
                achieving certification and to assist minor 
                dependent children of victims of severe forms 
                of trafficking in persons or potential victims 
                of trafficking.\23\
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    \22\ Sec. 4(a)(2)(B)(i) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877) 
inserted ``and aliens classified as a nonimmigrant under section 
101(a)(15)(T)(ii),'' after ``United States,''.
    \23\ Sec. 4(a)(2)(B)(ii) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877) added 
``In the case of nonentitlement programs funded by the Secretary of 
Health and Human Services, such benefits and services may include 
services to assist potential victims of trafficking in achieving 
certification and to assist minor dependent children of victims of 
severe forms of trafficking in persons or potential victims of 
trafficking.''.
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                  (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) * * * \24\
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    \24\ Sec. 6(a)(2) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2880) struck 
out subpara. (D), which had required an annual report. See, however, 
sec. 105(d)(7).
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                  (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.
                          (iv) \25\ Assistance to 
                        investigations.--In making the 
                        certification described in this 
                        subparagraph with respect to the 
                        assistance to investigation or 
                        prosecution described in clause (i)(I), 
                        the Secretary of Health and Human 
                        Services shall consider statements from 
                        State and local law enforcement 
                        officials that the person referred to 
                        in subparagraph (C)(ii)(II) has been 
                        willing to assist in every reasonable 
                        way with respect to the investigation 
                        and prosecution of State and local 
                        crimes such as kidnapping, rape, 
                        slavery, or other forced labor 
                        offenses, where severe forms of 
                        trafficking appear to have been 
                        involved.
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    \25\ Sec. 4(a)(3) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2877) added 
clause (iv).
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          (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. To the extent 
        practicable, victims of severe forms of trafficking 
        shall have access to information about federally funded 
        or administered anti-trafficking programs that provide 
        services to victims of severe forms of trafficking.\26\
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    \26\ Sec. 102(a) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3560) added 
this sentence.
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          (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(o)(2) \27\ or 245(l)(4)(A) of such Act.
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    \27\ Sec. 8(b)(2) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2887) struck 
out ``214(n)(1)'' and inserted in lieu thereof ``214(o)(2)''.
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SEC. 108.\28\ 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:
---------------------------------------------------------------------------
    \28\ 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, and convicts and sentences 
        persons responsible for such acts, that take place 
        wholly or partly within the territory of the 
        country.\29\ After reasonable requests from the 
        Department of State for data regarding investigations, 
        prosecutions, convictions, and sentences, a government 
        which does not provide such data, consistent with the 
        capacity of such government to obtain such data, shall 
        be presumed not to have vigorously investigated, 
        prosecuted, convicted or sentenced such acts. During 
        the periods prior to the annual report submitted on 
        June 1, 2004, and on June 1, 2005, and the periods 
        afterwards until September 30 of each such year, the 
        Secretary of State may disregard the presumption 
        contained in the preceding sentence if the government 
        has provided some data to the Department of State 
        regarding such acts and the Secretary has determined 
        that the government is making a good faith effort to 
        collect such data.\30\
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    \29\ Sec. 6(d)(1)(A) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2881) struck 
out ``that take place wholly or partly within the territory of the 
country'' and inserted in lieu thereof ``, and convicts and sentences 
persons responsible for such acts, that take place wholly or partly 
within the territory of the country''.
    \30\ Sec. 6(d)(1)(B) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2882) added 
text to this point beginning at ``After reasonable requests''.
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          (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, measures to reduce the demand for commercial 
        sex acts and for participation in international sex 
        tourism by nationals of the country, measures to ensure 
        that its nationals who are deployed abroad as part of a 
        peacekeeping or other similar mission do not engage in 
        or facilitate severe forms of trafficking in persons or 
        exploit victims of such trafficking, and measures to 
        prevent the use of forced labor or child labor in 
        violation of international standards.\31\
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    \31\ Sec. 104(b)(1)(A) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) 
inserted ``, measures to reduce the demand for commercial sex acts and 
for participation in international sex tourism by nationals of the 
country, measures to ensure that its nationals who are deployed abroad 
as part of a peacekeeping or other similar mission do not engage in or 
facilitate severe forms of trafficking in persons or exploit victims of 
such trafficking, and measures to prevent the use of forced labor or 
child labor in violation of international standards''. Pursuant to sec. 
104(b)(2) of that Act, this amendment shall take effect beginning two 
years after the date of enactment, January 10, 2006.
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          (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, prosecutes, convicts, and sentences \32\ 
        public officials who participate in or facilitate 
        severe forms of trafficking in persons, including 
        nationals of the country who are deployed abroad as 
        part of a peacekeeping or other similar mission who 
        engage in or facilitate severe forms of trafficking in 
        persons or exploit victims of such trafficking,\33\ and 
        takes all appropriate measures against officials who 
        condone such trafficking. After reasonable requests 
        from the Department of State for data regarding such 
        investigations, prosecutions, convictions, and 
        sentences, a government which does not provide such 
        data consistent with its resources shall be presumed 
        not to have vigorously investigated, prosecuted, 
        convicted, or sentenced such acts. During the periods 
        prior to the annual report submitted on June 1, 2004, 
        and on June 1, 2005, and the periods afterwards until 
        September 30 of each such year, the Secretary of State 
        may disregard the presumption contained in the 
        preceding sentence if the government has provided some 
        data to the Department of State regarding such acts and 
        the Secretary has determined that the government is 
        making a good faith effort to collect such data.\34\
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    \32\ Sec. 6(d)(2)(A) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2882) struck 
out ``and prosecutes'' and inserted in lieu thereof ``, prosecutes, 
convicts, and sentences''.
    \33\ Sec. 104(b)(1)(B) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) struck 
out ``persons,'' and inserted in lieu thereof ``persons, including 
nationals of the country who are deployed abroad as part of a 
peacekeeping or other similar mission who engage in or facilitate 
severe forms of trafficking in persons or exploit victims of such 
trafficking,''. Pursuant to sec. 104(b)(2) of that Act, this amendment 
shall take effect beginning two years after the date of enactment, 
January 10, 2006.
    \34\ Sec. 6(d)(2)(B) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2882) added 
text to this point beginning at ``After reasonable requests''.
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          (8) \35\ Whether the percentage of victims of severe 
        forms of trafficking in the country that are non-
        citizens of such countries is insignificant.
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    \35\ Sec. 6(d)(3) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2882) added 
paras. (8) through (10).
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          (9) \35\ Whether the government of the country, 
        consistent with the capacity of such government, 
        systematically monitors its efforts to satisfy the 
        criteria described in paragraphs (1) through (8) and 
        makes available publicly a periodic assessment of such 
        efforts.
          (10) \35\ Whether the government of the country 
        achieves appreciable progress in eliminating severe 
        forms of trafficking when compared to the assessment in 
        the previous year.

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.\36\ ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM 
                    STANDARDS FOR THE ELIMINATION OF TRAFFICKING. * * 
                    *''
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    \36\ 22 U.S.C. 2152d.
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SEC. 110.\37\ 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--
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    \37\ 22 U.S.C. 7107.
    On September 21, 2005, the President issued the following 
(Presidential Determination No. 2005-37; 70 F.R. 57481):
    ``Consistent with section 110 of the Trafficking Victims Protection 
Act of 2000 (Division A of Public Law 106-386), as amended, (the 
``Act''), I hereby:
    ``Make the determination provided in section 110(d)(1)(A)(i) of the 
Act, with respect to Cambodia and Venezuela, not to provide certain 
funding for those countries' governments for fiscal year 2006, until 
such government complies with the minimum standards or makes 
significant efforts to bring itself into compliance, as may be 
determined by the Secretary of State in a report to the Congress 
pursuant to section 110(b) of the Act;
    ``Make the determination provided in section 110(d)(1)(A)(ii) of 
the Act, with respect to Burma, Cuba, and the Democratic People's 
Republic of Korea (DPRK), not to provide certain funding for those 
countries' governments for fiscal year 2006, until such government 
complies with the minimum standards or makes significant efforts to 
bring itself into compliance, as may be determined by the Secretary of 
State in a report to the Congress pursuant to section 110(b) of the 
Act;
    ``Make the determination provided in section 110(d)(3) of the Act, 
concerning the determinations of the Secretary of State with respect to 
Bolivia, Jamaica, Qatar, Sudan, Togo, and the United Arab Emirates;
    ``Determine, consistent with section 110(d)(4) of the Act, with 
respect to Cambodia, for all programs, projects, or activities of 
assistance for victims of trafficking in persons or to combat such 
trafficking, for promoting good governance, or which would have a 
significant adverse effect on vulnerable populations if suspended, that 
provision to Cambodia of the assistance described in sections 
110(d)(1)(A)(i) and 110(d)(1)(B) of the Act for such programs, 
projects, or activities would promote the purposes of the Act or is 
otherwise in the national interest of the United States;
    ``Determine, consistent with section 110(d)(4) of the Act, with 
respect to Ecuador, that provision to Ecuador of all programs, 
projects, or activities of assistance described in sections 
110(d)(1)(A)(i) and 110(d)(1)(B) of the Act would promote the purposes 
of the Act or is otherwise in the national interest of the United 
States;
    ``Determine, consistent with section 110(d)(4) of the Act, with 
respect to Kuwait that provision to Kuwait of all programs, projects, 
or activities of assistance described in sections 110(d)(1)(A)(i) and 
110(d)(1)(B) of the Act is in the national interest of the United 
States;
    ``Determine, consistent with section 110(d)(4) of the Act, with 
respect to Saudi Arabia, that provision to Saudi Arabia of all 
programs, projects, or activities of assistance described in sections 
110(d)(1)(A)(i) and 110(d)(1)(B) of the Act is in the national interest 
of the United States;
    ``Determine, consistent with section 110(d)(4) of the Act, with 
respect to Venezuela, for all programs, projects, or activities of 
assistance for victims of trafficking in persons or to combat such 
trafficking, or for strengthening the democratic process, including 
strengthening political parties and supporting electoral observation 
and monitoring and related programs, or for public diplomacy, that 
provision to Venezuela of the assistance described in sections 
110(d)(1)(A)(i) and 110(d)(1)(B) of the Act for such programs, 
projects, or activities would promote the purpose of the Act or is 
otherwise in the national interest of the United States;
    ``Determine, consistent with section 110(d)(4) of the Act, that 
assistance to Cambodia or Venezuela described in section 110(d)(1)(B) 
of the Act that [sic]
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  ``(1) is a regional program, project, or activity under which the total 
benefit to either Cambodia or Venezuela does not exceed 10 percent of the 
total value of such program, project, or activity; or

  ``(2) has a [sic] its primary objective the addressing of basic human 
needs, as defined by the Department of the Treasury with respect to other, 
existing legislative mandate concerning U.S. participation in the 
multilateral development banks; or

  ``(3) is complementary to or has similar policy objectives to programs 
being implemented bilaterally by the United States Government; or

  ``(4) has as its primary objective the improvement of the country's legal 
system, including in areas that impact the country's ability to investigate 
and prosecute trafficking cases or otherwise improve implementation of a 
country's anti-trafficking policy, regulations or legislation; or

  ``(5) is engaging a government, international organization, or civil 
society organization, and that seeks as its primary objective(s) to: (a) 
increase efforts to investigate and prosecute trafficking in persons 
crimes; (b) increase protection for victims of trafficking through better 
screening, identification, rescue/removal, aftercare (shelter, counseling) 
training and reintegration; or (c) expand prevention efforts through 
education and awareness campaigns highlighting the dangers of trafficking 
or training and economic empowerment of populations clearly at risk of 
falling victim to trafficking

``would promote the purpose of this Act or is otherwise in the national 
interest of the United States.
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    ``The certification required by section 110(e) of the Act is 
provided herewith.''.
    See Presidential Determination No. 2003-35 of September 9, 2003 (68 
F.R. 53871) for fiscal year 2004; and Presidential Determination No. 
2004-46 of September 10,2004 (69 F.R. 56155) for fiscal year 2005.
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          (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) \38\ 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--
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    \38\ In June 2005, 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), and a watch list associated 
with Tier 2:
    Tier 1 countries, whose governments fully comply with minimum 
standards for the elimination of trafficking: Australia, Austria, 
Belgium, Canada, Colombia, Czech Republic, Denmark, France, Germany, 
Hong Kong, Italy, Lithuania, Luxembourg, Morocco, Nepal, The 
Netherlands, New Zealand, Norway, Poland, Portugal, [Republic of] South 
Korea, Spain, Sweden, and the United Kingdom.
    Tier 2 countries, whose governments do not yet fully comply with 
minimum standards but are making significant efforts: Afghanistan, 
Albania, Algeria, Angola, Argentina, Bangladesh, Belarus, Bosnia-
Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Chad, Chile, 
Congo (Democratic Republic), Costa Rica, Cote d'Ivoire, Croatia, 
Cyprus, East Timor, Egypt, El Salvador, Equatorial Guinea, Estonia, 
Ethiopia, Finland, Gabon, Georgia, Ghana, Guatemala, Guyana, Honduras, 
Hungary, Indonesia, Iran, Israel, Japan, Kazakhstan, Kenya, Kyrgyz 
Republic, Laos, Latvia, Lebanon, Libya, Macedonia, Madagascar, Malawi, 
Malaysia, Mali, Mauritania, Moldova, Mongolia, Mozambique, Nigeria, 
Oman, Pakistan, Panama, Paraguay, Peru, Romania, Senegal, Serbia-
Montenegro, Singapore, Slovenia, Sri Lanka, Switzerland, Syria, Taiwan, 
Tajikistan, Tanzania, Thailand, Turkey, Uganda, Uruguay, Vietnam, 
Yemen, and Zambia.
    Tier 2 watch list: Armenia, Azerbaijan, Bahrain, Belize, Benin, 
Cameroon, China (PRC), Dominican Republic, The Gambia, Greece, Guinea, 
Haiti, India, Mauritius, Mexico, Nicaragua, Niger, Philippines, Russia, 
Rwanda, Sierra Leone, Slovak Republic, South Africa, Suriname, Ukraine, 
Uzbekistan, and Zimbabwe.
    Tier 3 countries, whose governments do not fully comply with 
minimum standards and are not making significant efforts: Bolivia, 
Burma, Cambodia, Cuba, Ecuador, Jamaica, Kuwait, North Korea, Qatar, 
Saudi Arabia, Sudan, Togo, United Arab Emirates, and Venezuela.
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                  (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; \39\
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    \39\ Sec. 104(e)(1) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3565) struck 
out ``and'' at the end of subpara. (B); struck out a period at the end 
of subpara. (C) and inserted in lieu thereof ``; and''; and added 
subpara. (D).
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                  (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; 
                and \39\
                  (D) \39\ information on the measures taken by 
                the United Nations, the Organization for 
                Security and Cooperation in Europe, the North 
                Atlantic Treaty Organization and, as 
                appropriate, other multilateral organizations 
                in which the United States participates, to 
                prevent the involvement of the organization's 
                employees, contractor personnel, and 
                peacekeeping forces in trafficking in persons 
                or the exploitation of victims of trafficking.
          (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) \40\ Special watch list.--
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    \40\ Sec. 6(e) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2882) 
redesignated para. (3) as para. (4), and added a new para. (3).
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                  (A) Submission of list.--Not later than the 
                date on which the determinations described in 
                subsections (c) and (d) are submitted to the 
                appropriate congressional committees in 
                accordance with such subsections, the Secretary 
                of State shall submit to the appropriate 
                congressional committees a list of countries 
                that the Secretary determines requires special 
                scrutiny during the following year. The list 
                shall be composed of the following countries:
                          (i) Countries that have been listed 
                        pursuant to paragraph (1)(A) in the 
                        current annual report and were listed 
                        pursuant to paragraph (1)(B) in the 
                        previous annual report.
                          (ii) Countries that have been listed 
                        pursuant to paragraph (1)(B) pursuant 
                        to the current annual report and were 
                        listed pursuant to paragraph (1)(C) in 
                        the previous annual report.
                          (iii) Countries that have been listed 
                        pursuant to paragraph (1)(B) pursuant 
                        to the current annual report, where--
                                  (I) the absolute number of 
                                victims of severe forms of 
                                trafficking is very significant 
                                or is significantly increasing;
                                  (II) there is a failure to 
                                provide evidence of increasing 
                                efforts to combat severe forms 
                                of trafficking in persons from 
                                the previous year, including 
                                increased investigations, 
                                prosecutions and convictions of 
                                trafficking crimes, increased 
                                assistance to victims, and 
                                decreasing evidence of 
                                complicity in severe forms of 
                                trafficking by government 
                                officials; or
                                  (III) the determination that 
                                a country is making significant 
                                efforts to bring themselves 
                                into compliance with minimum 
                                standards was based on 
                                commitments by the country to 
                                take additional future steps 
                                over the next year.
                  (B) Interim assessment.--Not later than 
                February 1st of each year, the Secretary of 
                State shall provide to the appropriate 
                congressional committees an assessment of the 
                progress that each country on the special watch 
                list described in subparagraph (A) has made 
                since the last annual report.
                  (C) Relation of special watch list to annual 
                trafficking in persons report.--A determination 
                that a country shall not be placed on the 
                special watch list described in subparagraph 
                (A) shall not affect in any way the 
                determination to be made in the following year 
                as to whether a country is complying with the 
                minimum standards for the elimination of 
                trafficking or whether a country is making 
                significant efforts to bring itself into 
                compliance with such standards.
          (4) \40\ 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 funding for participation 
        in educational and cultural exchange programs,\41\ 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.
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    \41\ Sec. 6(h)(1) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2884) 
inserted ``or funding for participation in educational and cultural 
exchange programs'' after ``nonhumanitarian, nontrade-related foreign 
assistance''.
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          (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 or funding 
                        for participation in educational and 
                        cultural exchange programs \42\ to a 
                        country;
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    \42\ Sec. 6(h)(2) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2884) 
inserted ``or funding for participation in educational and cultural 
exchange programs'' after ``foreign assistance''.
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                          (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.
    (f) \43\ After the President has made a determination 
described in subsection (d)(1) with respect to the government 
of a country, the President may at any time make a 
determination described in paragraphs (4) and (5) of subsection 
(d) to waive, in whole or in part, the measures imposed against 
the country by the previous determination under subsection 
(d)(1).
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    \43\ Sec. 6(i) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2884) added 
subsec. (f).
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SEC. 111.\44\ 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:
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    \44\ 22 U.S.C. 7108.
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                  (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.\45\ STRENGTHENING PROSECUTION AND PUNISHMENT OF TRAFFICKERS.

    (a) Title 18 Amendments.--Chapter 77 of title 18, United 
States Code, is amended--
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    \45\ 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: * * * 
    (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. 112A.\46\ RESEARCH ON DOMESTIC AND INTERNATIONAL TRAFFICKING IN 
                    PERSONS.
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    \46\ 22 U.S.C. 7109a. Added by sec. 6(g)(1) of the Trafficking 
Victims Protection Reauthorization Act of 2003 (Public Law 108-193; 117 
Stat. 2883).
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    (a) \47\ In General.--The President, acting through the 
Council of Economic Advisors, the National Research Council of 
the National Academies, the Secretary of Labor, the Secretary 
of Health and Human Services, the Attorney General, the 
Secretary of State, the Administrator of the United States 
Agency for International Development, and the Director of 
National Intelligence,\48\ shall carry out research, including 
by providing grants to nongovernmental organizations, as well 
as relevant United States Government agencies and international 
organizations, which furthers the purposes of this division and 
provides data to address the problems identified in the 
findings of this division. Such research initiatives shall, to 
the maximum extent practicable, include, but not be limited to, 
the following:
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    \47\ Sec. 104(c)(1)(A)(i) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) struck 
out ``The President'' and inserted in lieu thereof ``(a) In General.--
The President''.
    \48\ Sec. 104(c)(1)(A)(ii) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) struck 
out ``the Director of Central Intelligence'' and inserted in lieu 
thereof ``the Director of National Intelligence''.
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          (1) The economic causes and consequences of 
        trafficking in persons.
          (2) The effectiveness of programs and initiatives 
        funded or administered by Federal agencies to prevent 
        trafficking in persons and to protect and assist 
        victims of trafficking.
          (3) The interrelationship between trafficking in 
        persons and global health risks, particularly HIV/
        AIDS.\49\
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    \49\ Sec. 104(c)(1)(B) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) 
inserted ``, particularly HIV/AIDS''.
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          (4) \50\ Subject to subsection (b), the 
        interrelationship between trafficking in persons and 
        terrorism, including the use of profits from 
        trafficking in persons to finance terrorism.
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    \50\ Sec. 104(c)(1)(C) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3564) added 
paras. (4) through (6).
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          (5) \50\ An effective mechanism for quantifying the 
        number of victims of trafficking on a national, 
        regional, and international basis.
          (6) \50\ The abduction and enslavement of children 
        for use as soldiers, including steps taken to eliminate 
        the abduction and enslavement of children for use as 
        soldiers and recommendations for such further steps as 
        may be necessary to rapidly end the abduction and 
        enslavement of children for use as soldiers.
    (b) \51\ Role of Human Smuggling and Trafficking Center.--
The research initiatives described in subsection (a)(4) shall 
be carried out by the Human Smuggling and Trafficking Center 
(established pursuant to section 7202 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458)).
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    \51\ Sec. 104(c)(1)(D) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3565) added 
subsecs. (b) and (c).
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    (c) \51\ Definitions.--In this section:
          (1) AIDS.--The term ``AIDS'' means the 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.

SEC. 113.\52\ AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Authorization of Appropriations in Support of the Task 
Force.--To carry out the purposes of sections 104, 105(e), 
105(f) \53\ and 110, there are authorized to be appropriated to 
the Secretary of State $1,500,000 for fiscal year 2001, 
$3,000,000 for each of the fiscal years 2002 and 2003, 
$5,000,000 for each of the fiscal years 2004 and 2005, and 
$5,500,000 for each of the fiscal years 2006 and 2007. In 
addition, there are authorized to be appropriated to the Office 
to Monitor and Combat Trafficking for official reception and 
representation expenses $3,000 for each of the fiscal years 
2006 and 2007.\54\
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    \52\ 22 U.S.C. 7110.
    \53\ Sec. 7(1)(A) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2884) struck 
out ``105'' and inserted in lieu thereof ``105(e), 105(f)''.
    \54\ Sec. 301(1) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck 
out ``and $5,000,000'' preceding ``for each of the fiscal years 2004 
and 2005'', and inserted in lieu thereof ``$5,000,000'', and added at 
the end of this sentence ``, and $5,500,000 for each of the fiscal 
years 2006 and 2007''. Sec. 301(1)(C) of that Act added ``In addition, 
there are authorized to be appropriated to the Office to Monitor and 
Combat Trafficking for official reception and representation expenses 
$3,000 for each of the fiscal years 2006 and 2007.''.
    Previously, sec. 7(1)(B) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2884) struck 
out ``and $3,000,000 for each of the fiscal years 2002 and 2003'' and 
inserted in lieu thereof ``, $3,000,000 for each of the fiscal years 
2002 and 2003, and $5,000,000 for each of the fiscal years 2004 and 
2005''.
    Previously, 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 and $15,000,000 
for each of the fiscal years 2004, 2005, 2006, and 2007.\55\
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    \55\ Sec. 301(2) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck 
out ``2004 and 2005'' and inserted in lieu thereof ``2004, 2005, 2006, 
and 2007''.
    Previously, sec. 7(2) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) 
inserted ``and $15,000,000 for each of the fiscal years 2004 and 
2005''.
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    (c) Authorization of Appropriations to the Secretary of 
State.--
          (1) \56\ Bilateral assistance to combat 
        trafficking.--
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    \56\ Sec. 7(3)(A) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) 
amended and restated para. (1) to apply to fiscal years 2004 and 2005. 
It previously read as follows:
    ``(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.''.
    Previously, sec. 682(b)(2)(A) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 
1410), amended para. (1) as originally enacted to authorize 
appropriations of $15,000,000 for fiscal year 2003.
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                  (A) Prevention.--To carry out the purposes of 
                section 106, there are authorized to be 
                appropriated to the Secretary of State 
                $10,000,000 for each of the fiscal years 2004, 
                2005, 2006, and 2007.\57\
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    \57\ Sec. 301(3) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck 
out ``2004 and 2005'' throughout subsec. (c)(1), and inserted in lieu 
thereof ``2004, 2005, 2006, and 2007''.
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                  (B) Protection.--To carry out the purposes of 
                section 107(a), there are authorized to be 
                appropriated to the Secretary of State 
                $15,000,000 for fiscal year 2003 and 
                $10,000,000 for each of the fiscal years 2004, 
                2005, 2006, and 2007.\57\
                  (C) Prosecution and meeting minimum 
                standards.--To carry out the purposes of 
                section 134 of the Foreign Assistance Act of 
                1961, there are authorized to be appropriated 
                $10,000,000 for each of the fiscal years 2004, 
                2005, 2006, and 2007 \57\ to assist in 
                promoting prosecution of traffickers and 
                otherwise to assist countries in meeting the 
                minimum standards described in section 108 of 
                this Act, including $250,000 for each such 
                fiscal year to carry out training activities 
                for law enforcement officers, prosecutors, and 
                members of the judiciary with respect to 
                trafficking in persons at the International Law 
                Enforcement Academies.
          (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 through 2005 \58\ $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.\59\
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    \58\ Sec. 7(3)(B) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) struck 
out ``for each of the fiscal years 2001, 2002, and 2003'' and inserted 
in lieu thereof ``for each of the fiscal years 2001 through 2005''.
    Previously, 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''.
    \59\ 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 in lieu thereof ``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 and $15,000,000 for each of the fiscal years 2004, 2005, 
2006, and 2007.\60\ To carry out the purposes of section 134 of 
the Foreign Assistance Act of 1961 (as added by section 109), 
there are authorized to be appropriated to the President, 
acting through the Attorney General and the Secretary of State, 
$250,000 for each of fiscal years 2004, 2005, 2006, and 2007 
\60\ to carry out training activities for law enforcement 
officers, prosecutors, and members of the judiciary with 
respect to trafficking in persons at the International Law 
Enforcement Academies.\61\
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    \60\ Sec. 301(4) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck 
out ``2004 and 2005'' each place it appeared in subsec. (d), and 
inserted in lieu thereof ``2004, 2005, 2006, and 2007''.
    Previously, sec. 7(4)(A) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added 
``and $15,000,000 for each of the fiscal years 2004 and 2005''.
    \61\ Sec. 7(4)(B) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added 
text beginning at ``To carry out the purposes''.
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    (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 each of the fiscal years 2003 through 
        2007.\62\
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    \62\ Sec. 301(5)(A) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck 
out ``2003 through 2005'' and inserted in lieu thereof ``2003 through 
2007'' in paras. (1) and (2).
    Previously, sec. 7(5)(A) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) struck 
out ``for fiscal year 2003'' and inserted in lieu thereof ``for each of 
the fiscal years 2003 through 2005''.
    Previously, 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 each of the 
        fiscal years 2003 through 2007.\62\
          (3) \63\ Research.--To carry out the purposes of 
        section 112A, there are authorized to be appropriated 
        to the President $300,000 for each of the fiscal years 
        2004 through 2007.\64\
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    \63\ Sec. 7(5)(B) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added 
para. (3).
    \64\ Sec. 301(5)(B) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck 
out ``$300,000 for fiscal year 2004 and $300,000 for fiscal year 2005'' 
and inserted in lieu thereof ``$300,000 for each of the fiscal years 
2004 through 2007''.
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    (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 and $10,000,000 for each of the fiscal years 2004, 2005, 
2006, and 2007.\65\
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    \65\ Sec. 301(6) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) struck 
out ``2004 and 2005'' and inserted in lieu thereof ``2004, 2005, 2006, 
and 2007''.
    Previously, sec. 7(6) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added 
``and $10,000,000 for each of the fiscal years 2004 and 2005''.
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    (g) \66\ Limitation on Use of Funds.--
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    \66\ Sec. 7(7) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2885) added 
subsec. (g).
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          (1) Restriction on programs.--No funds made available 
        to carry out this division, or any amendment made by 
        this division, may be used to promote, support, or 
        advocate the legalization or practice of prostitution. 
        Nothing in the preceding sentence shall be construed to 
        preclude assistance designed to promote the purposes of 
        this Act by ameliorating the suffering of, or health 
        risks to, victims while they are being trafficked or 
        after they are out of the situation that resulted from 
        such victims being trafficked.
          (2) Restriction on organizations.--No funds made 
        available to carry out this division, or any amendment 
        made by this division, may be used to implement any 
        program that targets victims of severe forms of 
        trafficking in persons described in section 103(8)(A) 
        of this Act through any organization that has not 
        stated in either a grant application, a grant 
        agreement, or both, that it does not promote, support, 
        or advocate the legalization or practice of 
        prostitution. The preceding sentence shall not apply to 
        organizations that provide services to individuals 
        solely after they are no longer engaged in activities 
        that resulted from such victims being trafficked.
    (h) \67\ Authorization of Appropriations to Director of the 
FBI.--There are authorized to be appropriated to the Director 
of the Federal Bureau of Investigation $15,000,000 for fiscal 
year 2006, to remain available until expended, to investigate 
severe forms of trafficking in persons.
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    \67\ Sec. 301(7) of the Trafficking Victims Protection 
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3572) added 
subsecs. (h) and (i).
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    (i) \67\ Authorization of Appropriations to the Secretary 
of Homeland Security.--There are authorized to be appropriated 
to the Secretary of Homeland Security, $18,000,000 for each of 
the fiscal years 2006 and 2007, to remain available until 
expended, for investigations by the Bureau of Immigration and 
Customs Enforcement of severe forms of trafficking in persons.
          * * * * * * *
     (2) Trafficking Victims Protection Reauthorization Act of 2005

Partial text of Public Law 109-164 [H.R. 972], 119 Stat. 3558, approved 
                            January 10, 2006

 AN ACT To authorize appropriations for fiscal years 2006 and 2007 for 
the Trafficking Victims Protection Act of 2000, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Trafficking Victims Protection Reauthorization Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

                                                                    Page

Sec. 1. Short title; table of contents............................   719
Sec. 2. Findings..................................................   719

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

Sec. 101. Prevention of trafficking in conjunction with post-
    conflict and humanitarian emergency assistance................   720
Sec. 102. Protection of victims of trafficking in persons.........   720
Sec. 103. Enhancing prosecutions of trafficking in persons 
    offenses......................................................   723
Sec. 104. Enhancing United States efforts to combat trafficking in 
    persons.......................................................   725
Sec. 105. Additional activities to monitor and combat forced labor 
    and child labor...............................................   726

          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

Sec. 201. Prevention of domestic trafficking in persons...........   727
Sec. 202. Establishment of grant program to develop, expand, and 
  strengthen assistance programs for certain persons subject to 
  trafficking
Sec. 203. Protection of juvenile victims of trafficking in persons
Sec. 204. Enhancing State and local efforts to combat trafficking 
  in persons
Sec. 205. Report to Congress......................................   727
Sec. 206. Senior Policy Operating Group...........................   727
Sec. 207. Definitions

               TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 301. Authorizations of appropriations........................   727

SEC. 2. FINDINGS.

    Congress finds the following:
          (1) The United States has demonstrated international 
        leadership in combating human trafficking and slavery 
        through the enactment of the Trafficking Victims 
        Protection Act of 2000 (division A of Public Law 106-
        386; 22 U.S.C. 7101 et seq.) and the Trafficking 
        Victims Protection Reauthorization Act of 2003 (Public 
        Law 108-193).
          (2) The United States Government currently estimates 
        that 600,000 to 800,000 individuals are trafficked 
        across international borders each year and exploited 
        through forced labor and commercial sex exploitation. 
        An estimated 80 percent of such individuals are women 
        and girls.
          (3) Since the enactment of the Trafficking Victims 
        Protection Act of 2000, United States efforts to combat 
        trafficking in persons have focused primarily on the 
        international trafficking in persons, including the 
        trafficking of foreign citizens into the United States.
          (4) Trafficking in persons also occurs within the 
        borders of a country, including the United States.
          (5) No known studies exist that quantify the problem 
        of trafficking in children for the purpose of 
        commercial sexual exploitation in the United States. 
        According to a report issued by researchers at the 
        University of Pennsylvania in 2001, as many as 300,000 
        children in the United States are at risk for 
        commercial sexual exploitation, including trafficking, 
        at any given time.
          (6) Runaway and homeless children in the United 
        States are highly susceptible to being domestically 
        trafficked for commercial sexual exploitation. 
        According to the National Runaway Switchboard, every 
        day in the United States, between 1,300,000 and 
        2,800,000 runaway and homeless youth live on the 
        streets. One out of every seven children will run away 
        from home before the age of 18.
          (7) Following armed conflicts and during humanitarian 
        emergencies, indigenous populations face increased 
        security challenges and vulnerabilities which result in 
        myriad forms of violence, including trafficking for 
        sexual and labor exploitation. Foreign policy and 
        foreign aid professionals increasingly recognize the 
        increased activity of human traffickers in post-
        conflict settings and during humanitarian emergencies.
          (8) There is a need to protect populations in post-
        conflict settings and humanitarian emergencies from 
        being trafficked for sexual or labor exploitation. The 
        efforts of aid agencies to address the protection needs 
        of, among others, internally displaced persons and 
        refugees are useful in this regard. Nonetheless, there 
        is a need for further integrated programs and 
        strategies at the United States Agency for 
        International Development, the Department of State, and 
        the Department of Defense to combat human trafficking, 
        including through protection and prevention 
        methodologies, in post-conflict environments and during 
        humanitarian emergencies.
          (9) International and human rights organizations have 
        documented a correlation between international 
        deployments of military and civilian peacekeepers and 
        aid workers and a resulting increase in the number of 
        women and girls trafficked into prostitution in post-
        conflict regions.
          (10) The involvement of employees and contractors of 
        the United States Government and members of the Armed 
        Forces in trafficking in persons, facilitating the 
        trafficking in persons, or exploiting the victims of 
        trafficking in persons is inconsistent with United 
        States laws and policies and undermines the credibility 
        and mission of United States Government programs in 
        post-conflict regions.
          (11) Further measures are needed to ensure that 
        United States Government personnel and contractors are 
        held accountable for involvement with acts of 
        trafficking in persons, including by expanding United 
        States criminal jurisdiction to all United States 
        Government contractors abroad.

        TITLE I--COMBATTING INTERNATIONAL TRAFFICKING IN PERSONS

SEC. 101. PREVENTION OF TRAFFICKING IN CONJUNCTION WITH POST-CONFLICT 
                    AND HUMANITARIAN EMERGENCY ASSISTANCE.

    (a) Amendment.--Section 106 of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7104) is amended * * *
    (b) Study and Report.--
          (1) Study.--
                  (A) In general.--The Secretary of State and 
                the Administrator of the United States Agency 
                for International Development, in consultation 
                with the Secretary of Defense, shall conduct a 
                study regarding the threat and practice of 
                trafficking in persons generated by post-
                conflict and humanitarian emergencies in 
                foreign countries.
                  (B) Factors.--In carrying out the study, the 
                Secretary of State and the Administrator of the 
                United States Agency for International 
                Development shall examine--
                          (i) the vulnerabilities to human 
                        trafficking of commonly affected 
                        populations, particularly women and 
                        children, generated by post-conflict 
                        and humanitarian emergencies;
                          (ii) the various forms of trafficking 
                        in persons, both internal and trans-
                        border, including both sexual and labor 
                        exploitation;
                          (iii) a collection of best practices 
                        implemented to date to combat human 
                        trafficking in such areas; and
                          (iv) proposed recommendations to 
                        better combat trafficking in persons in 
                        conjunction with post-conflict 
                        reconstruction and humanitarian 
                        emergencies assistance.
          (2) Report.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of State 
        and the Administrator of the United States Agency for 
        International Development, with the concurrence of the 
        Secretary of Defense, shall transmit to the Committee 
        on International Relations and the Committee on Armed 
        Services of the House of Representatives and the 
        Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate a report that contains the 
        results of the study conducted pursuant to paragraph 
        (1).

SEC. 102. PROTECTION OF VICTIMS OF TRAFFICKING IN PERSONS.

    (a) Access to Information.--Section 107(c)(2) of the 
Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7105(c)(2)) is amended * * *
    (b) Establishment of Pilot Program for Residential 
Rehabilitative Facilities for Victims of Trafficking.--
          (1) Study.--
                  (A) In general.--Not later than 180 days 
                after the date of the enactment of this Act, 
                the Administrator of the United States Agency 
                for International Development shall carry out a 
                study to identify best practices for the 
                rehabilitation of victims of trafficking in 
                group residential facilities in foreign 
                countries.
                  (B) Factors.--In carrying out the study under 
                subparagraph (A), the Administrator shall--
                          (i) investigate factors relating to 
                        the rehabilitation of victims of 
                        trafficking in group residential 
                        facilities, such as the appropriate 
                        size of such facilities, services to be 
                        provided, length of stay, and cost; and
                          (ii) give consideration to ensure the 
                        safety and security of victims of 
                        trafficking, provide alternative 
                        sources of income for such victims, 
                        assess and provide for the educational 
                        needs of such victims, including 
                        literacy, and assess the psychological 
                        needs of such victims and provide 
                        professional counseling, as 
                        appropriate.
          (2) Pilot program.--Upon completion of the study 
        carried out pursuant to paragraph (1), the 
        Administrator of the United States Agency for 
        International Development shall establish and carry out 
        a pilot program to establish residential treatment 
        facilities in foreign countries for victims of 
        trafficking based upon the best practices identified in 
        the study.
          (3) Purposes.--The purposes of the pilot program 
        established pursuant to paragraph (2) are to--
                  (A) provide benefits and services to victims 
                of trafficking, including shelter, 
                psychological counseling, and assistance in 
                developing independent living skills;
                  (B) assess the benefits of providing 
                residential treatment facilities for victims of 
                trafficking, as well as the most efficient and 
                cost-effective means of providing such 
                facilities; and
                  (C) assess the need for and feasibility of 
                establishing additional residential treatment 
                facilities for victims of trafficking.
          (4) Selection of sites.--The Administrator of the 
        United States Agency for International Development 
        shall select 2 sites at which to operate the pilot 
        program established pursuant to paragraph (2).
          (5) Form of assistance.--In order to carry out the 
        responsibilities of this subsection, the Administrator 
        of the United States Agency for International 
        Development shall enter into contracts with, or make 
        grants to, organizations with relevant expertise in the 
        delivery of services to victims of trafficking.
          (6) Report.--Not later than one year after the date 
        on which the first pilot program is established 
        pursuant to paragraph (2), the Administrator of the 
        United States Agency for International Development 
        shall submit to the Committee on International 
        Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate a report 
        on the implementation of this subsection.
          (7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Administrator of 
        the United States Agency for International Development 
        to carry out this subsection $2,500,000 for each of the 
        fiscal years 2006 and 2007.

SEC. 103. ENHANCING PROSECUTIONS OF TRAFFICKING IN PERSONS OFFENSES.

    (a) Extraterritorial Jurisdiction Over Certain Trafficking 
in Persons Offenses.--
          (1) In general.--Part II of title 18, United States 
        Code, is amended by inserting after chapter 212 the 
        following new chapter:

``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER CERTAIN TRAFFICKING 
                          IN PERSONS OFFENSES

``Sec.
``3271. Trafficking in persons offenses committed by persons employed by 
          or accompanying the Federal Government outside the United 
          States.
``3272. Definitions.

``Sec. 3271. Trafficking in persons offenses committed by persons 
                    employed by or accompanying the Federal Government 
                    outside the United States

    ``(a) Whoever, while employed by or accompanying the 
Federal Government outside the United States, engages in 
conduct outside the United States that would constitute an 
offense under chapter 77 or 117 of this title if the conduct 
had been engaged in within the United States or within the 
special maritime and territorial jurisdiction of the United 
States shall be punished as provided for that offense.
    ``(b) No prosecution may be commenced against a person 
under this section if a foreign government, in accordance with 
jurisdiction recognized by the United States, has prosecuted or 
is prosecuting such person for the conduct constituting such 
offense, except upon the approval of the Attorney General or 
the Deputy Attorney General (or a person acting in either such 
capacity), which function of approval may not be delegated.

``Sec. 3272. Definitions

    ``As used in this chapter:
          ``(1) The term `employed by the Federal Government 
        outside the United States' means--
                  ``(A) employed as a civilian employee of the 
                Federal Government, as a Federal contractor 
                (including a subcontractor at any tier), or as 
                an employee of a Federal contractor (including 
                a subcontractor at any tier);
                  ``(B) present or residing outside the United 
                States in connection with such employment; and
                  ``(C) not a national of or ordinarily 
                resident in the host nation.
          ``(2) The term `accompanying the Federal Government 
        outside the United States' means--
                  ``(A) a dependant \1\ of--
---------------------------------------------------------------------------
    \1\ As enrolled.
---------------------------------------------------------------------------
                          ``(i) a civilian employee of the 
                        Federal Government; or
                          ``(ii) a Federal contractor 
                        (including a subcontractor at any tier) 
                        or an employee of a Federal contractor 
                        (including a subcontractor at any 
                        tier);
                  ``(B) residing with such civilian employee, 
                contractor, or contractor employee outside the 
                United States; and
                  ``(C) not a national of or ordinarily 
                resident in the host nation.''.
          (2) Clerical amendment.--The table of chapters at the 
        beginning of such part is amended by inserting after 
        the item relating to chapter 212 the following new 
        item:
          * * * * * * *
    (b) Laundering of Monetary Instruments.--Section 
1956(c)(7)(B) of title 18, United States Code, is amended--
          (1) in clause (v), by striking ``or'' at the end;
          (2) in clause (vi), by adding ``or'' at the end; and
          (3) by adding at the end the following new clause:
                          ``(vii) trafficking in persons, 
                        selling or buying of children, sexual 
                        exploitation of children, or 
                        transporting, recruiting or harboring a 
                        person, including a child, for 
                        commercial sex acts;''.
    (c) Definition of Racketeering Activity.--Section 
1961(1)(B) of title 18, United States Code, is amended by 
striking ``1581-1591'' and inserting ``1581-1592''.
    (d) Civil and Criminal Forfeitures.--
          (1) In general.--Chapter 117 of title 18, United 
        States Code, is amended by adding at the end the 
        following new section:

``Sec. 2428. Forfeitures

    ``(a) In General.--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.
    ``(b) Property Subject to Forfeiture.--
          ``(1) In general.--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, that 
                constitutes or is derived from proceeds 
                traceable to any violation of this chapter.
          ``(2) Applicability of chapter 46.--The provisions of 
        chapter 46 of this title relating to civil forfeitures 
        shall apply to any seizure or civil forfeiture under 
        this subsection.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the 
        end the following new item:
``2428. Forfeitures.''.

SEC. 104. ENHANCING UNITED STATES EFFORTS TO COMBAT TRAFFICKING IN 
                    PERSONS.

    (a) Appointment to Interagency Task Force to Monitor and 
Combat Trafficking.--Section 105(b) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended--* * *
    (b) Minimum Standards for the Elimination of Trafficking.--
          (1) Amendments.--Section 108(b) of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7106(b)) is 
        amended--* * *
          (2) Effective date.--The amendments made by 
        subparagraphs (A) and (B) of paragraph (1) take effect 
        beginning two years after the date of the enactment of 
        this Act.
    (c) Research.--
          (1) Amendments.--Section 112A of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7109a) is 
        amended--* * *
          (2) Report.--
                  (A) In general.--Not later than one year 
                after the date of the enactment of this Act, 
                the Human Smuggling and Trafficking Center 
                (established pursuant to section 7202 of the 
                Intelligence Reform and Terrorism Prevention 
                Act of 2004 (Public Law 108-458)) shall submit 
                to the appropriate congressional committees a 
                report on the results of the research 
                initiatives carried out pursuant to section 
                112A(4) of the Trafficking Victims Protection 
                Act of 2000 (as added by paragraph (1)(C) of 
                this subsection).
                  (B) Definition.--In this paragraph, the term 
                ``appropriate congressional committees'' 
                means--
                          (i) the Committee on International 
                        Relations and the Committee on the 
                        Judiciary of the House of 
                        Representatives; and
                          (ii) the Committee on Foreign 
                        Relations and the Committee on the 
                        Judiciary of the Senate.
    (d) Foreign Service Officer Training.--Section 708(a) of 
the Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is 
amended--* * *
    (e) Prevention of Trafficking by Peacekeepers.--
          (1) Inclusion in trafficking in persons report.--
        Section 110(b)(1) of the Trafficking Victims Protection 
        Act of 2000 (22 U.S.C. 7107(b)(1)) is amended--* * *
          (2) Report by secretary of state.--At least 15 days 
        prior to voting for a new or reauthorized peacekeeping 
        mission under the auspices of the United Nations, the 
        North Atlantic Treaty Organization, or any other 
        multilateral organization in which the United States 
        participates (or in an emergency, as far in advance as 
        is practicable), the Secretary of State shall submit to 
        the Committee on International Relations of the House 
        of Representatives, the Committee on Foreign Relations 
        of the Senate, and any other appropriate congressional 
        committee a report that contains--
                  (A) a description of measures taken by the 
                organization to prevent the organization's 
                employees, contractor personnel, and 
                peacekeeping forces serving in the peacekeeping 
                mission from trafficking in persons, exploiting 
                victims of trafficking, or committing acts of 
                sexual exploitation or abuse, and the measures 
                in place to hold accountable any such 
                individuals who engage in any such acts while 
                participating in the peacekeeping mission; and
                  (B) an analysis of the effectiveness of each 
                of the measures referred to in subparagraph 
                (A).

SEC. 105. ADDITIONAL ACTIVITIES TO MONITOR AND COMBAT FORCED LABOR AND 
                    CHILD LABOR.

    (a) Activities of the Department of State.--
          (1) Finding.--Congress finds that in the report 
        submitted to Congress by the Secretary of State in June 
        2005 pursuant to section 110(b) of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7107(b)), the 
        list of countries whose governments do not comply with 
        the minimum standards for the elimination of 
        trafficking and are not making significant efforts to 
        bring themselves into compliance was composed of a 
        large number of countries in which the trafficking 
        involved forced labor, including the trafficking of 
        women into domestic servitude.
          (2) Sense of congress.--It is the sense of Congress 
        that the Director of the Office to Monitor and Combat 
        Trafficking of the Department of State should intensify 
        the focus of the Office on forced labor in the 
        countries described in paragraph (1) and other 
        countries in which forced labor continues to be a 
        serious human rights concern.
    (b) Activities of the Department of Labor.--
          (1) In general.--The Secretary of Labor, acting 
        through the head of the Bureau of International Labor 
        Affairs of the Department of Labor, shall carry out 
        additional activities to monitor and combat forced 
        labor and child labor in foreign countries as described 
        in paragraph (2).
          (2) Additional activities described.--The additional 
        activities referred to in paragraph (1) are--
                  (A) to monitor the use of forced labor and 
                child labor in violation of international 
                standards;
                  (B) to provide information regarding 
                trafficking in persons for the purpose of 
                forced labor to the Office to Monitor and 
                Combat Trafficking of the Department of State 
                for inclusion in trafficking in persons report 
                required by section 110(b) of the Trafficking 
                Victims Protection Act of 2000 (22 U.S.C. 
                7107(b));
                  (C) to develop and make available to the 
                public a list of goods from countries that the 
                Bureau of International Labor Affairs has 
                reason to believe are produced by forced labor 
                or child labor in violation of international 
                standards;
                  (D) to work with persons who are involved in 
                the production of goods on the list described 
                in subparagraph (C) to create a standard set of 
                practices that will reduce the likelihood that 
                such persons will produce goods using the labor 
                described in such subparagraph; and
                  (E) to consult with other departments and 
                agencies of the United States Government to 
                reduce forced and child labor internationally 
                and ensure that products made by forced labor 
                and child labor in violation of international 
                standards are not imported into the United 
                States.

          TITLE II--COMBATTING DOMESTIC TRAFFICKING IN PERSONS

SEC. 201. PREVENTION OF DOMESTIC TRAFFICKING IN PERSONS.

    (a) * * *
    (b) Termination of Certain Grants, Contracts, and 
Cooperative Agreements.--Section 106(g) of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7104) is amended--* * 
*
    (c) * * *
          * * * * * * *

SEC. 205. REPORT TO CONGRESS.

    Section 105(d)(7) of the Trafficking Victims Protection Act 
of 2000 (22 U.S.C. 7103(d)(7)) is amended--* * *

SEC. 206. SENIOR POLICY OPERATING GROUP.

    Each Federal department or agency involved in grant 
activities related to combatting trafficking or providing 
services to persons subjected to trafficking inside the United 
States shall, as the department or agency determines 
appropriate, apprise the Senior Policy Operating Group 
established by section 105(f) of the Victims of Trafficking and 
Violence Protection Act of 2000 (22 U.S.C. 7103(f)), under the 
procedures established by the Senior Policy Operating Group, of 
such activities of the department or agency to ensure that the 
activities are consistent with the purposes of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).
          * * * * * * *

              TITLE III--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS.

    Section 113 of the Trafficking Victims Protection Act of 
2000 (22 U.S.C. 7110) is amended--* * *
     (3) Trafficking Victims Protection Reauthorization Act of 2003

    Partial text of Public Law 108-193 [H.R. 2620], 117 Stat. 2875, 
                       approved December 19, 2003


          Note.--Except for the provisions noted below, the 
        Trafficking Victims Protection Reauthorization Act of 
        2003 consists of amendments to the Trafficking Victims 
        Protection Act of 2000 (Public Law 106-386), 
        Immigration and Nationality Act (Public Law 82-414), 
        Department of State and Related Agency Appropriations 
        Act, 2003 (Public Law 108-7), Foreign Assistance Act of 
        1961 (Public Law 87-195), and 18 United States Code.



 AN ACT To authorize appropriations for fiscal years 2004 and 2005 for 
the Trafficking Victims Protection Act of 2000, 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.
---------------------------------------------------------------------------

    \1\ 22 U.S.C. 7101 note.
---------------------------------------------------------------------------
    This Act may be cited as the ``Trafficking Victims 
Protection Reauthorization Act of 2003''.

SEC. 2.\1\ FINDINGS.

    Congress finds the following:
          (1) Trafficking in persons continues to victimize 
        countless men, women, and children in the United States 
        and abroad.
          (2) Since the enactment of the Trafficking Victims 
        Protection Act of 2000 (division A of Public Law 106-
        386), the United States Government has made significant 
        progress in investigating and prosecuting acts of 
        trafficking and in responding to the needs of victims 
        of trafficking in the United States and abroad.
          (3) On the other hand, victims of trafficking have 
        faced unintended obstacles in the process of securing 
        needed assistance, including admission to the United 
        States under section 101(a)(15)(T)(i) of the 
        Immigration and Nationality Act.
          (4) Additional research is needed to fully understand 
        the phenomenon of trafficking in persons and to 
        determine the most effective strategies for combating 
        trafficking in persons.
          (5) Corruption among foreign law enforcement 
        authorities continues to undermine the efforts by 
        governments to investigate, prosecute, and convict 
        traffickers.
          (6) International Law Enforcement Academies should be 
        more fully utilized in the effort to train law 
        enforcement authorities, prosecutors, and members of 
        the judiciary to address trafficking in persons-related 
        crimes.
          * * * * * * *
           (4) 18 United States Code--Trafficking in Persons

Sec. 1589.\1\ Forced labor
---------------------------------------------------------------------------

    \1\ Added by sec. 112(a) of the Trafficking Victims Protection Act 
of 2000 (Public Law 106-386; 114 Stat. 1464).
---------------------------------------------------------------------------
    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.\1\ 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.\1\ Sex trafficking of children or by force, fraud,\2\ or 
                    coercion

    (a) Whoever knowingly--
---------------------------------------------------------------------------
    \2\ Sec. 5(a)(1) of Public Law 108-193 (117 Stat. 2879) inserted a 
comma after ``fraud''.
---------------------------------------------------------------------------
          (1) in or affecting interstate or foreign commerce, 
        or within the special maritime and territorial 
        jurisdiction of the United States,\3\ recruits, 
        entices, harbors, transports, provides, or obtains by 
        any means a person; or
---------------------------------------------------------------------------
    \3\ Sec. 5(a)(2) of Public Law 108-193 (117 Stat. 2879) struck out 
``in or affecting interstate commerce'' and inserted in lieu thereof 
``in or affecting interstate or foreign commerce, or within the special 
maritime and territorial jurisdiction of the United States''.
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          (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 recruited, enticed, harbored, 
        transported, provided, or obtained \4\ 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
---------------------------------------------------------------------------
    \4\ Sec. 5(a)(3) of Public Law 108-193 (117 Stat. 2879) struck out 
``the person transported'' and inserted in lieu thereof ``the person 
recruited, enticed, harbored, transported, provided, or obtained''.
---------------------------------------------------------------------------
          (2) if the offense was not so effected, and the 
        person recruited, enticed, harbored, transported, 
        provided, or obtained \4\ 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 40 \5\ years, or both.
---------------------------------------------------------------------------
    \5\ Sec. 103(a)(3) of the Prosecutorial Remedies and Tools Against 
the Exploitation of Children Today Act of 2003 (Public Law 108-21; 117 
Stat. 653) struck out ``20'' and inserted in lieu thereof ``40''.
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    (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.\1\ 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.\1\ 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.\1\ 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).

Sec. Sec. 1595.\6\ Civil remedy
---------------------------------------------------------------------------

    \6\ Added by sec. 4(a)(4)(A) of the Trafficking Victims Protection 
Reauthorization Act of 2003 (Public Law 108-193; 117 Stat. 2878).
---------------------------------------------------------------------------
    (a) An individual who is a victim of a violation of section 
1589, 1590, or 1591 of this chapter may bring a civil action 
against the perpetrator in an appropriate district court of the 
United States and may recover damages and reasonable attorneys 
fees.
    (b)(1) Any civil action filed under this section shall be 
stayed during the pendency of any criminal action arising out 
of the same occurrence in which the claimant is the victim.
    (2) In this subsection, a ``criminal action'' includes 
investigation and prosecution and is pending until final 
adjudication in the trial court.
     (5) President's Interagency Task Force to Monitor and Combat 
                         Trafficking in Persons

Executive Order 13257 \1\ of February 13, 2002 (67 F.R. 7259); amended 
 by Executive Order 13286 of February 28, 2003 (68 F.R. 10619); and by 
        Executive Order 13333 of March 18, 2004 (69 F.R. 13455)
---------------------------------------------------------------------------

    \1\ 22 U.S.C. 7103 note.
---------------------------------------------------------------------------
    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the Trafficking Victims Protection Act of 2000, (22 
U.S.C. 7101 et seq.) \2\ (the ``Act''), and section 301 of 
title 3, United States Code,\3\ and in order 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, it is hereby ordered as follows:
---------------------------------------------------------------------------
    \2\ Sec. 1(a) of Executive Order 13333 (March 18, 2004; 69 F.R. 
13455) struck out ``7103'' and inserted in lieu thereof ``7101 et 
seq.''.
    \3\ Sec. 1(b) of Executive Order 13333 (March 18, 2004; 69 F.R. 
13455) inserted ``and section 301 of title 3, United States Code,''.
---------------------------------------------------------------------------
    Section 1. (a) The President's Interagency task Force to 
Monitor and Combat Trafficking in Persons is hereby 
established.
    (b) The Task Force shall consist of:
          (i) the Secretary of State;
          (ii) the Attorney General;
          (iii) the Secretary of Labor;
          (iv) the Secretary of Health and Human Services;
          (v) the Secretary of Homeland Security; \4\
---------------------------------------------------------------------------
    \4\ Added by sec. 5 of Executive Order 13286 (68 F.R. 10619), which 
then redesignated the clauses that followed the amendment.
---------------------------------------------------------------------------
          (vi) the Director of Central Intelligence;
          (vii) the Director of the Office of Management and 
        Budget;
          (viii) the Administrator of the United States Agency 
        for International Development; and
          (ix) any additional officers or employees of the 
        United States as may be designated by the President.
    (c) The Task Force shall be chaired by the Secretary of 
State.
    Sec. 2. Activities. The Task Force shall, consistent with 
applicable law and the constitutional authorities and duties of 
the President, carry out the following activities:
          (a) coordinate the implementation of the Act;
          (b) measure and evaluate progress of the United 
        States and other countries in the areas of trafficking 
        in persons prevention, protection, and assistance to 
        victims of trafficking in persons, and prosecutions and 
        other enforcement efforts against traffickers, 
        including the role of public corruption in facilitating 
        trafficking in persons;
          (c) assist the Secretary of State in the preparation 
        of the annual reports described in section 110 of the 
        Act;
          (d) expand interagency procedures to collect and 
        organize data, including significant research and 
        resource information on domestic and international 
        trafficking in persons, while ensuring that any data 
        collection procedures involved, respect the 
        confidentiality of victims of trafficking in persons;
          (e) engage in efforts to facilitate cooperation among 
        countries of origin, transit, and destination, and such 
        efforts shall aim to strengthen local and regional 
        capacities to prevent trafficking in persons, prosecute 
        traffickers and assist trafficking victims; shall 
        include initiatives to enhance cooperative efforts 
        between destination countries, transit countries, and 
        countries of origin; and shall assist in the 
        appropriate reintegration of stateless victims of 
        trafficking in persons;
          (f) 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;
          (g) engage in consultation and advocacy with 
        governmental and nongovernmental organizations, among 
        other entities, to advance the purposes of the Act; and
          (h) address such other matters related to the 
        purposes of the Act as the President may determine.
    Sec. 3. Administration. (a) The Department of State shall 
provide funding and administrative support for the Task Force, 
except as otherwise provided by the Act.
    (b) At the call of the Chair, the Task Force shall meet as 
necessary to accomplish its mission.
    (c) Task Force members may designate representatives from 
their respective agencies to represent them at Task Force 
meetings.
    (d) Whenever the work of the Task Force involves a matter 
committed by law or Presidential directive to the consideration 
of the National Security Council, or by Executive Order 13228 
of October 8, 2001, to the consideration of the Homeland 
Security Council, that work shall be undertaken, and any 
communication by the Secretary of State to the President shall 
be undertaken, in a manner consistent with such law, 
Presidential directive, or Executive Order.
    (e) The Task Force shall have no directive authority or 
other substantial independent authority.
    (f) As necessary and appropriate, the Task Force shall 
report to the President, through the Secretary of State, the 
following:
          (i) progress on the implementation of the Act, and
          (ii) recommendations for United States policy to 
        monitor and eliminate trafficking in persons and to 
        protect the victims of trafficking in persons.
    Sec. 4.\5\ Guidelines, Policies, and Regulations. (a) The 
Senior Policy Operating Group (SPOG), described in subsection 
105(f) of the Act, shall (i) establish guidelines and policies 
to coordinate the activities of executive branch departments 
and agencies regarding policies (including grants and grant 
policies) involving the international trafficking in persons 
and (ii) advise the Secretary of State what regulations may be 
necessary to implement section 105 of the Act, including such 
regulations as may be necessary to carry out the sharing of 
information on all matters relating to grants, grant policies, 
or other significant actions regarding the international 
trafficking in persons as set forth in subsection 105(f)(4) of 
the Act, to the extent permitted by law.
---------------------------------------------------------------------------
    \5\ Sec. 3 of Executive Order 13333 (March 18, 2004; 69 F.R. 13455) 
added secs. 4 through 7.
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    (b) The Secretary of State, in consultation with the 
members of the Task Force or their representatives, shall 
promulgate regulations to implement section 105 of the Act.
    Sec. 5.\5\ Enhanced Prevention of Trafficking in Persons. 
(a) The Secretary of State, in consultation with the members of 
the Task Force or their representatives, shall carry out the 
functions under subsection 106(c) and subsection 106(d) of the 
Act.
    (b) The Secretary of State shall have the authority to 
determine, under section 106(e)(1) of the Act, foreign 
destinations where sex tourism is significant. The Secretary of 
Homeland Security, in consultation with the members of the Task 
Force or their representatives and appropriate officials of the 
Departments of Commerce and Transportation, shall carry out all 
other functions under subsection 106(e) of the Act, including 
promulgation of any appropriate regulations relating to the 
distribution of the materials described in subsec. 106(e).
    (c) The head of each executive branch agency responsible 
for the establishment and conduct of initiatives and programs 
described in subsections 106(a) through (e) of the Act shall 
consult with appropriate nongovernmental organizations 
consistent with section 106(f) of the Act.
    (d) The Secretary of State shall have responsibility to 
initiate appropriate regulatory implementation of the 
requirements set out in section 106(g) of the Act with respect 
to contracts, including proposing appropriate amendments to the 
Federal Acquisition Regulation. Each affected executive branch 
department or agency shall implement, within that department or 
agency, the requirements set out in section 106(g) of the Act 
with respect to grants and cooperative agreements.
    Sec. 6.\5\ Research on Trafficking in Persons. The entities 
named in section 112A of the Act shall carry out the research 
initiatives required by section 112A of the Act, and shall 
award grants according to such policies and guidelines as may 
be established by the SPOG described in section 105(f) of the 
Act, as well as any applicable agency rules and regulations.
    Sec. 7.\5\ Guidance for Exercising Authority and Performing 
Duties. In exercising authority delegated by, or performing 
functions assigned in, this order, officers of the United 
States shall ensure that all actions taken by them are 
consistent with the President's constitutional authority to:
          (a) conduct the foreign affairs of the United States;
          (b) withhold information the disclosure of which 
        could impair the foreign relations, the national 
        security, the deliberative processes of the Executive, 
        or the performance of the Executive's constitutional 
        duties;
          (c) recommend for congressional consideration such 
        measures as the President may judge necessary or 
        expedient; and
          (d) supervise the unitary Executive Branch.
    Sec. 8.\6\ Judicial Review. This order does not create any 
rights or benefits, enforceable at law or equity, against the 
Untied States, its departments, its agencies, or other 
entities, its officers or employees, or any other person.
---------------------------------------------------------------------------
    \6\ Originally sec. 4; redesignated as sec. 8 by sec. 2 of 
Executive Order 13333 (March 18, 2004; 69 F.R. 13455).
              p. Jobs Through Trade Expansion Act of 1994

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


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



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

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

SECTION 1.\1\ SHORT TITLE.

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

       TITLE V--INTERNATIONAL PROTECTION OF INTELLECTUAL PROPERTY

SEC. 501.\2\ ESTABLISHMENT OF PROGRAM.

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

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


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



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

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

SECTION 1.\1\ SHORT TITLE.

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

                 TITLE II--TRADE AND DEVELOPMENT AGENCY

          * * * * * * *

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

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

               TITLE III--AID, TRADE, AND COMPETITIVENESS

SEC. 301.\3\ SHORT TITLE.

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

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

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

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

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

SEC. 304.\6\ COORDINATION.

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

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

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

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

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

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

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

SEC. 308.\8\ DEFINITIONS.

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

               TITLE IV--UNITED STATES COMMERCIAL CENTERS

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

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

               TITLE V--OTHER EXPORT PROMOTION ACTIVITIES

SEC. 501.\11\ ADDITIONAL PROCUREMENT OFFICERS.

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

            TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

SEC. 601.\12\ SHORT TITLE.

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

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

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

                  TITLE VII--TRADE PROMOTION EXPANSION

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

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

                     TITLE VIII--GENERAL PROVISIONS

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

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

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

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

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

            TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Overseas Private Investment 
Corporation Amendments Act of 1988''.
---------------------------------------------------------------------------
    \1\ Sec. 555 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268-36), enacted into law by reference title I of H.R. 5263, as 
passed by the House of Representatives on September 20, 1988, and 
provided further:
    ``That notwithstanding any other provision of this Act, titles I 
and III of S. 2757 as reported by the Senate Committee on Foreign 
Relations on September 7, 1988, are hereby enacted into law''.
    Title I of H.R. 5263 and title I of S. 2757, in large part, amended 
chapter 2, title IV of the FA Act of 1961. Sections 109 and 111, shown 
here, were freestanding provisions and were identical in both bills.
    For text of title III of S. 2757 (concerning certain USIA 
programs), see Legislation on Foreign Relations Through 2005, vol. II, 
sec. E.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 109. SMALL AND MINORITY-OWNED BUSINESSES.

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

SEC. 111. OPIC PROGRAMS IN HAITI.

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

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

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

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

SECTION 1.\1\ SHORT TITLE.

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

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

SEC. 101. FINDINGS.

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

SEC. 102. UNITED STATES PARTICIPATION IN GLOBAL EFFORT.

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

SEC. 103.\2\ * * *

                 TITLE II--PROMOTING DEMOCRACY IN HAITI

SEC. 201. FINDINGS CONCERNING HAITI.

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

SEC. 202. ECONOMIC ASSISTANCE FOR HAITI.

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

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

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

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

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

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


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



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

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

      TITLE I--MILITARY ASSISTANCE AND SALES AND RELATED PROGRAMS

SEC. 101. FOREIGN MILITARY SALES CREDITS.

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

SEC. 106. GUARANTY RESERVE FUND.

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

SEC. 129.\6\ CONVENTIONAL ARMS TRANSFERS.

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

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

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

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

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

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

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

                    TITLE II--ECONOMIC SUPPORT FUND

          * * * * * * *

SEC. 202. ASSISTANCE FOR THE MIDDLE EAST.

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

SEC. 203. ASSISTANCE FOR CYPRUS.

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

SEC. 204. ASSISTANCE FOR PORTUGAL.

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

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

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

SEC. 206. TIED AID CREDIT PROGRAM.

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

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

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

SEC. 208. FISCAL YEAR 1985 SUPPLEMENTAL AUTHORIZATION.

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

                   TITLE III--DEVELOPMENT ASSISTANCE

          * * * * * * *

SEC. 305. PROMOTION OF IMMUNIZATION AND ORAL REHYDRATION.

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

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

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

SEC. 315. MINORITY SET-ASIDE.

    Except to the extent that the Administrator of the Agency 
for International Development determines otherwise, not less 
than 10 percent of the aggregate of the funds made available 
for each of the fiscal years 1986 and 1987 to carry out chapter 
1 of part I of the Foreign Assistance Act of 1961 shall be made 
available only for activities of economically and socially 
disadvantaged enterprises (within the meaning of section 
133(c)(5) of the International Development and Food Assistance 
Act of 1977), historically black colleges and universities, and 
private and voluntary organizations which are controlled by 
individuals who are black Americans, Hispanic Americans, or 
Native Americans, or who are economically and socially 
disadvantaged (within the meaning of section 133(c)(5) (B) and 
(C) of the International Development and Food Assistance Act of 
1977). For purposes of this section, economically and socially 
disadvantaged individuals shall be deemed to include women.

              TITLE IV--OTHER FOREIGN ASSISTANCE PROGRAMS

          * * * * * * *

SEC. 402. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS AND 
                    PROGRAMS.

    (a) * * *
    (b) Fiscal Year 1985 Contribution to United Nations 
Environment Program.--Notwithstanding section 614 of the 
Foreign Assistance Act of 1961 or any other provision of law, 
$10,000,000 \15\ of the funds appropriated for the fiscal year 
1985 to carry out chapter 3 of part I of such Act shall be 
available only for the United Nations Environment Program. This 
subsection shall take effect on the date of enactment of this 
Act.
---------------------------------------------------------------------------
    \15\ Title I of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1294), made available $9,000,000.
---------------------------------------------------------------------------
          * * * * * * *

     TITLE V--INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY

             Part A--International Terrorism Generally \16\

          * * * * * * *
---------------------------------------------------------------------------
    \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 FY 
1986.
    Title II of the 1987 Act (Public Law 99-591; 100 Stat. 3341-223) 
provided the following:
---------------------------------------------------------------------------

``anti-terrorism assistance
---------------------------------------------------------------------------

    ``For necessary expenses to carry out the provisions of chapter 8 
of part II, $9,840,000.''.
    In addition, Title I, chapter V of the Urgent Supplemental 
Appropriations Act, 1986 (Public Law 99-349; 100 Stat. 725), provided 
the following:
---------------------------------------------------------------------------

``Department of State

``anti-terrorism assistance (transfers of funds)
---------------------------------------------------------------------------

    ``For an additional amount to carry out the provisions of chapter 8 
of part II of the Foreign Assistance Act of 1961, $2,739,000, to be 
derived by transfer from any of the funds appropriated or otherwise 
made available in titles I, II, III, and IV of the Foreign Assistance 
and Related Programs Appropriations Act, 1986 (as enacted in Public Law 
99-190).''.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------
    \17\ Sec. 503 of Public Law 99-399 (100 Stat. 871) inserted 
references to ``terrorism-related'' or ``related to international 
terrorism'' in lieu of references to ``anti-terrorism''.
---------------------------------------------------------------------------
    (b) Reports.--Not later than February 1 each year, the 
Secretary of State, in consultation with appropriate United 
States Government agencies, shall report to the appropriate 
committees of the Congress on the assistance related to 
international terrorism \17\ which was provided by the United 
States Government during the preceding fiscal year. Such 
reports may be provided on a classified basis to the extent 
necessary, and shall specify the amount and nature of the 
assistance provided.
    (c) \18\ Rule of Construction.--Nothing contained in this 
section shall be construed to limit or impair the authority or 
responsibility of any other Federal agency with respect to law 
enforcement, domestic security operations, or intelligence 
activities as defined in Executive Order 12333.\19\
---------------------------------------------------------------------------
    \18\ Subsection (c) was added by sec. 503 of Public Law 99-399 (100 
Stat. 871).
    \19\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II, sec. D.
---------------------------------------------------------------------------

SEC. 503.\20\ PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM. * * *
---------------------------------------------------------------------------

    \20\ Sec. 503(a) amended sec. 620A of the FAA of 1961. Sec. 503(b) 
amended sec. 3(f) of the AECA.
---------------------------------------------------------------------------

SEC. 504. PROHIBITION ON IMPORTS FROM AND EXPORTS TO LIBYA.

    (a) Prohibition on Imports.--Notwithstanding any other 
provision of law, the President may prohibit any article grown, 
produced, extracted, or manufactured in Libya from being 
imported into the United States.
    (b) Prohibition on Exports.--Notwithstanding any other 
provision of law, the President may prohibit any goods or 
technology, including technical data or other information, 
subject to the jurisdiction of the United States or exported by 
any person subject to the jurisdiction of the United States, 
from being exported to Libya.
    (c) Definition.--For purposes of this section, the term 
``United States'', when used in a geographical sense, includes 
territories and possessions of the United States.

SEC. 505.\21\ BAN ON IMPORTING GOODS AND SERVICES FROM COUNTRIES 
                    SUPPORTING TERRORISM.

    (a) Authority.--The President may ban the importation into 
the United States of any good or service from any country which 
supports terrorism or terrorist organizations or harbors 
terrorists or terrorist organizations.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 2349aa-9.
---------------------------------------------------------------------------
    (b) Consultation.--The President, in every possible 
instance, shall consult with the Congress before exercising the 
authority granted by this section and shall consult regularly 
with the Congress so long as that authority is being exercised.
    (c) Reports.--Whenever the President exercises the 
authority granted by this section, he shall immediately 
transmit to the Congress a report specifying--
          (1) The country with respect to which the authority 
        is to be exercised and the imports to be prohibited;
          (2) the circumstances which necessitate the exercise 
        of such authority;
          (3) why the President believes those circumstances 
        justify the exercise of such authority; and
          (4) why the President believes the prohibitions are 
        necessary to deal with those circumstances.
At least once during each succeeding 6-month period after 
transmitting a report pursuant to this subsection, the 
President shall report to the Congress with respect to the 
actions taken, since the last such report, pursuant to this 
section and with respect to any changes which have occurred 
concerning any information previously furnished pursuant to 
this subsection.
    (d) Definition.--For purposes of this section, the term 
``United States'' includes territories and possessions of the 
United States.

SEC. 506. INTERNATIONAL ANTI-TERRORISM COMMITTEE.

    The Congress calls upon the President to seek the 
establishment of an international committee, to be known as the 
International Anti-Terrorism Committee, consisting of 
representatives of the member countries of the North Atlantic 
Treaty Organization, Japan, and such other countries as may be 
invited and may choose to participate. The purpose of the 
Committee should be to focus the attention and secure the 
cooperation of the governments and the public of the 
participating countries and of other countries on the problems 
and responses to international terrorism, by serving as a forum 
at both the political and law enforcement levels.

SEC. 507. INTERNATIONAL TERRORISM CONTROL TREATY.

    It is the sense of the Congress that the President should 
establish a process by which democratic and open societies of 
the world, which are those most plagued by terrorism, negotiate 
a viable treaty to effectively prevent and respond to terrorist 
attacks. Such a treaty should incorporate an operative 
definition of terrorism, and should establish effective close 
intelligence-sharing, joint counterterrorist training, and 
uniform laws on asylum, extradition, and swift punishment for 
perpetrators of terrorism. Parties to such a treaty should 
include, but not be limited to, those democratic nations who 
are most victimized by terrorism.

SEC. 508. STATE TERRORISM.

    It is sense of the Congress that all civilized nations 
should firmly condemn the increasing use of terrorism by 
certain states as an official instrument for promoting their 
policy goals, as evidenced by such examples as the brutal 
assassination of Major Arthur D. Nicholson, Junior, by a member 
of the Soviet armed forces.

                    Part B--Foreign Airport Security

SEC. 551. SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION.

    (a) \22\ Security at Foreign Airports.--* * * [Repealed--
1994]
---------------------------------------------------------------------------
    \22\ Sec. 7(b) of Public Law 103-272 (108 Stat. 1379) repealed sec. 
551(a) and (b), which enacted an amendment to sec. 1115 of the Federal 
Aviation Act of 1958, and related amendments, concerning security 
standards in foreign air transportation, codified at 49 U.S.C. App. 
1515.
---------------------------------------------------------------------------
    (b) Conforming Amendments.--* * * [Repealed--1994]
    (c) Closing of Beirut International Airport.--It is the 
sense of the Congress that the President is urged and 
encouraged to take all appropriate steps to carry forward his 
announced policy of seeking the effective closing of the 
international airport in Beirut, Lebanon, at least until such 
time as the Government of Lebanon has instituted measures and 
procedures designed to prevent the use of that airport by 
aircraft hijackers and other terrorists in attacking civilian 
airlines or their passengers, hijacking their aircraft, or 
taking or holding their passengers hostage.

SEC. 552.\23\ * * * [REPEALED--1994]

SEC. 553.\24\ * * * [REPEALED--1994]

SEC. 554. ENFORCEMENT OF INTERNATIONAL CIVIL AVIATION ORGANIZATION 
                    STANDARDS.

    The Secretary of State and the Secretary of Transportation, 
jointly, shall call on the member countries of the 
International Civil Aviation Organization to enforce that 
Organization's existing standards and to support United States 
actions enforcing such standards.
---------------------------------------------------------------------------
    \23\ Formerly at 49 U.S.C. app. 1515a. Sec. 552, relating to travel 
advisories and suspension of foreign assistance, was repealed by sec. 
7(b) of Public Law 103-272 (108 Stat. 1379).
    \24\ Formerly at 49 U.S.C. app. 1356b. Sec. 553, relating to the 
United States airmarshal program, was repealed by sec. 7(b) of Public 
Law 103-272 (108 Stat. 1379).
---------------------------------------------------------------------------

SEC. 555. INTERNATIONAL CIVIL AVIATION BOYCOTT OF COUNTRIES SUPPORTING 
                    INTERNATIONAL TERRORISM.

    It is the sense of the Congress that the President--
          (1) should call for an international civil aviation 
        boycott with respect to those countries which the 
        President determines--
                  (A) grant sanctuary from prosecution to any 
                individual or group which has committed an act 
                of international terrorism, or
                  (B) otherwise support international 
                terrorism; and
          (2) should take steps, both bilateral and 
        multilateral, to achieve a total international civil 
        aviation boycott with respect to those countries.

SEC. 556.\25\ * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \25\ Formerly 49 U.S.C. app. 1515 note. Sec. 556, relating to 
multilateral and bilateral agreements with respect to aircraft 
sabotage, aircraft hijacking, and airport security, was repealed by 
sec. 7(b) of Public Law 103-272 (108 Stat. 1379).
---------------------------------------------------------------------------

SEC. 557. RESEARCH ON AIRPORT SECURITY TECHNIQUES FOR DETECTING 
                    EXPLOSIVES.

    In order to improve security at international airports, 
there are authorized to be appropriated to the Secretary of 
Transportation from the Airport and Airway Trust Fund (in 
addition to amounts otherwise available for such purpose) 
$5,000,000, without fiscal year limitation, to be used for 
research on and the development of airport security devices or 
techniques for detecting explosives.

SEC. 558. HIJACKING OF TWA FLIGHT 847 AND OTHER ACTS OF TERRORISM.

    The Congress joins with all Americans in celebrating the 
release of the hostages taken from Trans World Airlines flight 
847. It is the sense of the Congress that--
          (1) purser Uli Derickson, pilot John Testrake, co-
        pilot Philip Maresca, flight engineer Benjamin 
        Zimmermann, and the rest of the crew of Trans World 
        Airlines flight 847 displayed extraordinary valor and 
        heroism during the hostages' ordeal and therefore 
        should be commended;
          (2) the hijackers who murdered United States Navy 
        Petty Officer Stethem should be immediately brought to 
        justice;
          (3) all diplomatic means should continue to be 
        employed to obtain the release of the 7 United States 
        citizens previously kidnapped and still held in 
        Lebanon;
          (4) acts of international terrorism should be 
        universally condemned; and
          (5) the Secretary of State should be supported in his 
        efforts to gain international cooperation to prevent 
        future acts of terrorism.

SEC. 559. EFFECTIVE DATE.

    This part shall take effect on the date of enactment of 
this Act.

               TITLE VI--INTERNATIONAL NARCOTICS CONTROL

          * * * * * * *

SEC. 607. PROCUREMENT OF WEAPONS TO DEFEND AIRCRAFT INVOLVED IN 
                    NARCOTICS CONTROL EFFORTS.

    Of the funds available to carry out chapter 2 of part II of 
the Foreign Assistance Act of 1961 (relating to grant military 
assistance), $1,000,000 for each of the fiscal years 1986 and 
1987 shall be made available to arm, for defensive purposes, 
aircraft used in narcotic control eradication or interdiction 
efforts. The Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate shall be notified of the use of any such funds for that 
purpose at least 15 days in advance in accordance with the 
reprogramming procedures applicable under section 634A of the 
Foreign Assistance Act of 1961.
          * * * * * * *

SEC. 610.\26\ ASSISTANCE FOR JAMAICA.

    In allocating assistance for Jamaica for fiscal year 1986 
under chapter 4 of part II of the Foreign Assistance Act of 
1961 (relating to the economic support fund), the President 
shall give major consideration to whether the Government of 
Jamaica has prepared, presented, and committed itself to a 
comprehensive plan or strategy for the control and reduction of 
illicit cultivation, production, processing, transportation, 
and distribution of marijuana within a specifically stated 
period of time.
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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 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 
subparas. (A) and (B) of para. (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--
---------------------------------------------------------------------------
    \30\ The Foreign Assistance and Related Programs Appropriations 
Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 3341-232), 
provided the following:
    ``Sec. 537. None of the funds available in this Act may be used to 
make available to El Salvador any helicopters or other aircraft, and 
licenses may not be issued under section 38 of the Arms Export Control 
Act for the export to El Salvador of any such aircraft, unless the 
Committee on Appropriations of the House of Representatives and the 
Committee on Appropriations of the Senate are notified at least fifteen 
days in advance in accordance with the procedures applicable to 
notifications.
---------------------------------------------------------------------------

* * * * * * *
---------------------------------------------------------------------------

    ``Sec. 545. Of the amounts made available by this Act for military 
assistance and financing for El Salvador under chapters 2 and 5 of part 
II of the Foreign Assistance Act of 1961 and under the Arms Export 
Control Act, $5,000,000 may not be expended until the President 
reports, following the conclusion of the Appeals process in the case of 
Captain Avila, to the Committees on Appropriations that the Government 
of El Salvador has (1) substantially concluded all investigative action 
with respect to those responsible for the January 1981 deaths of the 
two United States land reform consultants Michael Hammer and Mark 
Pearlman and the Salvadoran Land Reform Institute Director Jose Rodolfo 
Viera, and (2) pursued all legal avenues to bring to trial and obtain a 
verdict of those who ordered and carried out the January 1981 
murders.''.
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          (A) a free and democratic El Salvador is in the 
        security interest of the United States;
          (B) Jose Napoleon Duarte was elected President of El 
        Salvador in 1984 in the most democratic election held 
        in El Salvador in many years;
          (C) political violence in El Salvador has declined 
        dramatically under President Duarte's leadership;
          (D) President Duarte's policies of respect for human 
        rights, political pluralism, dialogue and 
        reconciliation with the Salvadoran guerrilla force, 
        legal and social reform and effective defense against 
        the violent overthrow of the Salvadoran government are 
        deserving of praise from all who believe in a 
        democratic form of government;
          (E) the March 31, 1985, legislation and municipal 
        elections were successfully carried out, with 64 
        percent of the electorate defying guerrilla attacks to 
        vote;
          (F) the victory of President Duarte's Christian 
        Democratic Party reaffirms the support for these 
        policies by his fellow citizens, the essential test of 
        any government or movement;
          (G) in spite of the state of siege technically in 
        effect due to the insurgent threat, observance of free 
        speech, free press, and free assembly are widely 
        enjoyed in El Salvador and permit public airing of 
        opposing political views;
          (H) President Duarte is firmly committed to judicial 
        reform and prosecution of cases involving ``death 
        squads'';
          (I) President Duarte's leadership and popular support 
        has notably weakened the popular support given the 
        guerrillas, as evidenced by the high levels of voter 
        participation in the free elections held in El Salvador 
        since 1982, the reduction in territory in which the 
        guerrillas can freely operate, their inability to mount 
        frontal military attacks, and their resort to economic 
        sabotage, ambushes, political assassination, and urban 
        terrorism with blatant disregard for basic human 
        rights; and
          (J) President Duarte has succeeded in reversing the 
        decline in his country's economy which, though still 
        weak, has better prospects than in recent years.
    (2) Therefore, it is the sense of the Congress that--
          (A) President Duarte is to be congratulated for his 
        outstanding leadership under difficult circumstances 
        and for his efforts to foster democratic government and 
        institutions in his country, and he is encouraged to 
        continue his efforts to promote political pluralism, 
        democratic institutions, and respect for human rights 
        in his country; and
          (B) the armed services of El Salvador are to be 
        congratulated for their improved performance and 
        professionalism in defending Salvadoran citizens and 
        their democratically elected government from attack by 
        armed insurgents, and especially for their role in 
        helping to protect and uphold the electoral process.
    (3) The Congress reaffirms the importance of continued 
support for democratic principles and institutions and respect 
for human rights by the various sectors of Salvadoran society, 
which is a major factor in United States support for El 
Salvador.
    (b) Objectives.--The Congress expects that--
          (1) the Government of El Salvador will be willing to 
        pursue a dialogue with the armed opposition forces and 
        their political representatives for the purposes of 
        achieving an equitable political settlement of the 
        conflict, including free and fair elections;
          (2) the elected civilian government will be in 
        control of the Salvadoran military and security forces, 
        and those forces will comply with applicable rules of 
        international law and with Presidential directives 
        pertaining to the protection of civilians during combat 
        operations, including Presidential directive C111-03-
        984 (relating to aerial fire support);
          (3) the Government of El Salvador will make 
        demonstrated progress, during the period covered by 
        each report pursuant to subsection (c), in ending the 
        activities of the death squads;
          (4) the Government of El Salvador will make 
        demonstrated progress, during the period covered by 
        each report pursuant to subsection (c), in establishing 
        an effective judicial system; and
          (5) the Government of El Salvador will make 
        demonstrated progress, during the period covered by 
        each report pursuant to subsection (c), in implementing 
        the land reform program.
    (c) Reports.--On October 1, 1985, April 1, 1986, October 1, 
1986, and April 1, 1987, the President shall report to the 
Speaker of the House of Representatives and the chairman of the 
Committee on Foreign Relations of the Senate on the extent to 
which the objectives described in subsection (b) are being met. 
With respect to the objective described in paragraph (4) of 
that subsection, each report shall discuss whether the 
commission proposed by the President of El Salvador to 
investigate human rights cases has been established, funded, 
and given sufficient investigative powers; whether the evidence 
that commission collects may be used in the Salvadoran judicial 
process; whether that commission has issued a comprehensive 
report with regard to its investigation of all Americans 
murdered in El Salvador; and whether those responsible for the 
Las Hojas massacre are being prosecuted.
    (d) Aircraft for Aerial Warfare.--(1) The authorities of 
part II of the Foreign Assistance Act of 1961 and the Arms 
Export Control Act may not be used to make available to El 
Salvador any helicopters or other aircraft, and licenses may 
not be issued under section 38 of the Arms Export Control Act 
for the export to El Salvador of any such aircraft, unless the 
Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate are 
notified at least 15 days in advance in accordance with the 
procedures applicable to reprogramming notifications under 
section 634A of the Foreign Assistance Act of 1961.
    (2) Paragraph (1) shall take effect on the date of 
enactment of this Act and shall remain in effect until October 
1, 1987.
    (e) Special Account for Local Currencies.--(1) All local 
currencies, which are generated with the funds provided to El 
Salvador for balance-of-payments support for fiscal years 1986 
and 1987 under chapter 4 of part II of the Foreign Assistance 
Act of 1961 (relating to the economic support fund), shall be 
deposited in accordance with section 609 of that Act in a 
special account established by the Government of El Salvador.
    (2) Local currencies deposited pursuant to paragraph (1) 
shall be used for projects assisting agrarian reform and the 
agricultural sector (and particular emphasis shall be placed on 
projects for these purposes); judicial reform, employment 
generation; health, education, and other social services; 
infrastructure repair; and credits and other support for the 
private sector (principally for small and medium sized 
businesses).
    (3) For purposes of subsection--
          (A) the term ``agrarian reform'' means projects 
        assisting or enhancing the abilities of agencies, 
        cooperatives, and farms to implement land reform 
        decrees in El Salvador, notwithstanding section 620(g) 
        of the Foreign Assistance Act of 1961; and
          (B) the term ``judicial reform'' means projects 
        assisting or enhancing the abilities of agencies of the 
        Salvadoran Government to investigate and prosecute 
        politically motivated violence.
    (f) Development Assistance.--Of the amounts available to 
carry out chapter 1 of part I of the Foreign Assistance Act of 
1961, $79,600,000 for fiscal year 1986 and $79,600,000 for 
fiscal year 1987 shall be available only for El Salvador.
    (g) Suspension of Assistance if a Military Coup Occurs.--
All assistance authorized by this Act which is allocated for El 
Salvador shall be suspended if the elected President of that 
country is deposed by military coup or decree.

SEC. 703. ASSISTANCE FOR GUATEMALA.\31\

    (a) Conditions on Military Assistance and Sales.--For 
fiscal years 1986 and 1987, assistance may be provided for 
Guatemala under chapter 2 of part II of the Foreign Assistance 
Act of 1961 (relating to grant military assistance) and sales 
may be made and financing may be provided for Guatemala under 
the Arms Export Control Act (relating to foreign military 
sales) only if the President makes the following certifications 
to the Congress:
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    \31\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1302), provided the following appropriation for fiscal year 1986 
(assuming certification requirements are met):
    ``* * * That not more than $553,900,000 of the funds made available 
under this paragraph shall be available at concessional rates of 
interest: Provided further, That all country and funding level changes 
in requested concessional financing allocations shall be submitted 
through the regular notification process of the Committee on 
Appropriations.''.
    Sec. 538 of the 1987 Act (Public Law 99-591; 100 Stat. 3341-232) 
provided the following:
    ``Funds provided in this Act for Guatemala may not be provided to 
the Government of Guatemala for use in its rural resettlement program, 
except through the regular notification procedures of the Committees on 
Appropriations.''.
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          (1) For fiscal year 1986, an elected civilian 
        government is in power in Guatemala and has submitted a 
        formal written request to the United States for the 
        assistance, sales, or financing to be provided.
          (2) For both fiscal years 1986 and 1987, the 
        Government of Guatemala made demonstrated progress 
        during the preceding year--
                  (A) in achieving control over its military 
                and security forces,
                  (B) toward eliminating kidnapings and 
                disappearances, forced recruitment into the 
                civil defense patrols, and other abuses by such 
                forces of internationally recognized human 
                rights, and
                  (C) in respecting the internationally 
                recognized human rights of its indigenous 
                Indian population.
    (b) Construction Equipment and Mobile Medical Facilities 
and Related Training.--If the conditions specified in 
subsection (a) are met, Guatemala may be provided with the 
following for fiscal years 1986 and 1987 (in addition to such 
other assistance, sales, or financing as may be provided for 
Guatemala):
          (1) Sales of construction equipment and mobile 
        medical facilities to assist in development programs 
        that will directly assist the poor in Guatemala.
          (2) Sales of training, to be provided outside of 
        Guatemala, which is related to the sales described in 
        paragraph (1).
          (3) A total for both fiscal years 1986 and 1987 of no 
        more than $10,000,000 in credits under the Arms Export 
        Control Act for sales described in paragraphs (1) and 
        (2).
Such sales and credits shall be provided only to enable the 
military forces of Guatemala to obtain equipment and training 
for civilian engineering and construction projects and mobile 
medical teams, which would not be used in the rural 
resettlement program.
    (c) Prohibition on Furnishing Weapons.--Funds authorized to 
be appropriated by title I of this Act may not be used for the 
procurement by Guatemala of any weapons or ammunition.
    (d) Suspension of Assistance if a Military Coup Occurs.--
All assistance authorized by this Act which is allocated for 
Guatemala shall be suspended if the elected civilian government 
of that country is deposed by military coup or decree.
    (e) Rural Resettlement Program.--Assistance provided for 
Guatemala for the fiscal year 1986 and fiscal year 1987 under 
chapter 1 of part I (relating to development assistance) or 
under chapter 4 of part II (relating to the economic support 
fund) of the Foreign Assistance Act of 1961--
          (1) may not be provided to the Government of 
        Guatemala for use in its rural resettlement program; 
        and
          (2) shall be provided through private and voluntary 
        organizations to the maximum extent possible.
    (f) Invitation for ICRC To Visit Guatemala.--The Congress 
calls upon the President to urge the Government of Guatemala to 
allow the International Committee of the Red Cross--
          (1) to conduct an unimpeded visit to Guatemala in 
        order to investigate humanitarian needs in that country 
        and to report on human rights abuses in that country; 
        and
          (2) to investigate the possibilities of its providing 
        humanitarian services in that country.
    (g) Relations Between Belize and Guatemala.--It is the 
sense of the Congress that the United States should use its 
good offices and influence to encourage the Government of 
Guatemala to recognize the independence of Belize and to enter 
into a mutual nonaggression treaty with Belize.
    (h) Human Rights Groups in Guatemala.--(1) The Congress 
finds that--
          (A) the Group for Mutual Support was formed in 1984 
        to protest the disappearances of Guatemalan civilians;
          (B) the Group for Mutual Support has carried out its 
        work in a peaceful, non-ideological manner, and is the 
        only indigenous human rights group operating in 
        Guatemala; and
          (C) two of the Group's six steering committee 
        members, Hector Gomez and Maria Rosario Godyo \32\ de 
        Cuevas, were recently killed.
---------------------------------------------------------------------------
    \32\ Should read ``Godoy''.
---------------------------------------------------------------------------
    (2) It is the sense of the Congress that--
          (A) human rights groups in Guatemala, particularly 
        the Group for Mutual Support, should be allowed to 
        carry out their work against human rights abuses with 
        the full cooperation, protection, and support of the 
        Government of Guatemala; and
          (B) whether the Government of Guatemala allows human 
        rights groups, including the Group for Mutual Support, 
        to carry out their work should be taken into account by 
        the United States in determining whether there is human 
        rights progress in Guatemala.

SEC. 704. REFUGEES IN HONDURAS.

    Funds authorized to be appropriated by this Act and funds 
authorized to be appropriated for the ``Migration and Refugee 
Assistance'' account for fiscal years 1986 and 1987--
          (1) which are to be used for refugee assistance or 
        other assistance for Nicaraguan Indian refugees in 
        Honduras shall be channeled, to the maximum extent 
        possible, through the United Nations High Commissioner 
        for Refugees, the International Committee of the Red 
        Cross, the Intergovernmental Committee for Migration, 
        or other established and recognized international 
        refugee relief organizations; and
          (2) may not be used to facilitate the involuntary 
        repatriation of Salvadoran refugees who are in 
        Honduras.

SEC. 705. PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING 
                    FOR ORDERLY EMIGRATION FROM HAITI.\33\

    (a) Use of PVOs.--To the maximum extent practicable, 
assistance for Haiti under chapter 1 of part I (relating to 
development assistance) and under chapter 4 of part II 
(relating to the economic support fund) of the Foreign 
Assistance Act of 1961 should be provided through private and 
voluntary organizations.
---------------------------------------------------------------------------
    \33\ Title I, chapter V of the Urgent Supplemental Appropriations 
Act, 1986 (Public Law 99-349; 100 Stat. 726), provided:
---------------------------------------------------------------------------

``assistance for haiti
---------------------------------------------------------------------------

    ``Of the funds made available in title II of the Foreign Assistance 
and Related Programs Appropriations Act, 1986 (as enacted in Public Law 
99-190), subject to the notification process of the Committees on 
Appropriations, up to $21,700,000 shall be made available for 
assistance to Haiti. Of this amount, $1,700,000, or the equivalent 
amount in local currencies, may be transferred to the Inter-American 
Foundation for use by the Foundation for programs for Haiti. The 
assistance made available pursuant to this paragraph shall be used to 
promote the transition to democracy by means such as generating local 
currency for use for literacy projects, rural development, and job 
creation. The assistance provided for Haiti pursuant to this paragraph 
shall be in addition to the assistance previously allocated for Haiti.
    ``It is the sense of the Congress that the United States Government 
should cooperate with the Government of Haiti in recovering for the 
Haitian people the wealth that was illegally obtained by former 
president Jean-Claude Duvalier and his former government ministers and 
associates through diversions of funds and property, regardless of 
whether that wealth is located in the United States or abroad.
    ``Notwithstanding any limitations on assistance to Haiti contained 
in Public Law 98-473 or Public Law 99-83, funds in the amount of 
$750,000 previously appropriated for the purposes of chapter 2 of part 
II of the Foreign Assistance Act of 1961, as amended, may be made 
available for Haiti to carry out such purposes: Provided, That none of 
the funds made available pursuant to this paragraph may be made 
available for obligation unless the Appropriations Committees of both 
Houses of Congress are previously notified fifteen days in advance: 
Provided further, That the funds provided under this paragraph shall be 
made available only to provide nonlethal military assistance for 
Haiti.''.
---------------------------------------------------------------------------
    (b) Conditions on Assistance.--Funds available for fiscal 
year 1986 and for fiscal year 1987 to carry out chapter 1 of 
part I (relating to development assistance), chapter 4 of part 
II (relating to the economic support fund), or chapter 5 of 
part II (relating to international military education and 
training) of the Foreign Assistance Act of 1961 may be 
obligated for Haiti only if the President determines that the 
Government of Haiti--
          (1) is continuing to cooperate with the United States 
        in halting illegal emigration to the United States from 
        Haiti;
          (2) is cooperating fully in implementing United 
        States development, food, and other economic assistance 
        programs in Haiti (including programs for prior fiscal 
        years); and
          (3) is making progress toward improving the human 
        rights situation in Haiti and progress toward 
        implementing political reforms which are essential to 
        the development of democracy in Haiti, such as progress 
        toward the establishment of political parties, free 
        elections, free labor unions, and freedom of the press.
    (c) \34\ * * * [Repealed--1998]
---------------------------------------------------------------------------
    \34\ Sec. 2219(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1998 and 1999 (division G, subdivision B of public Law 
105-277; 112 Stat. 2681), repealed subsec. (c), which had read as 
follows:
    ``(c) Reports to the Congress.--Not later than one year after the 
date of the enactment of this Act and one year thereafter, the 
President shall report to the Congress on the extent to which the 
actions of the Government of Haiti are consistent with each paragraph 
of subsection (b).''.
---------------------------------------------------------------------------
    (d) Assistance in Halting Illegal Emigration From Haiti.--
Notwithstanding the limitations of section 660 of the Foreign 
Assistance Act of 1961 (relating to police training), funds 
made available under such Act may be used for programs with 
Haiti, which shall be consistent with prevailing United States 
refugee policies, to assist in halting significant illegal 
emigration from Haiti to the United States.
    (e) Limitation on MAP and FMS Financing.--Assistance may 
not be provided for Haiti for fiscal year 1986 or fiscal year 
1987 under chapter 2 of part II of the Foreign Assistance Act 
of 1961 (relating to grant military assistance) or under the 
Arms Export Control Act (relating to foreign military sales 
financing), except for necessary transportation, maintenance, 
communications, and related articles and services to enable the 
continuation of migrant and narcotics interdiction operations.
    (f) Literacy and Other Education Programs.--Of the amounts 
authorized to be appropriated to carry out chapter 1 of part I 
of the Foreign Assistance Act of 1961 (relating to development 
assistance) which are allocated for Haiti, $1,000,000 for 
fiscal year 1986 and $1,000,000 for fiscal year 1987 shall be 
available only for literacy and other education programs in 
Haiti.

SEC. 706. MILITARY ASSISTANCE FOR PARAGUAY.

    For the fiscal years 1986 and 1987, none of the funds 
authorized to be appropriated to carry out chapter 2 of part II 
of the Foreign Assistance Act of 1961 (relating to grant 
military assistance) or to carry out the Arms Export Control 
Act (relating to foreign military sales financing) may be used 
for assistance for Paraguay unless the President certifies to 
the Congress that the Government of Paraguay has ended the 
practice of torture and abuse of individuals held in detention 
by its military and security forces and has instituted 
procedures to ensure that those arrested promptly charged and 
brought to trial.

SEC. 707. ASSISTANCE FOR PERU.\35\

    (a) Human Rights Training in IMET Programs.--Respect for 
internationally recognized human rights shall be an important 
component of the training provided for Peru under chapter 5 of 
part II of the Foreign Assistance Act of 1961 for fiscal year 
1986 and for fiscal year 1987.
---------------------------------------------------------------------------
    \35\ See also sec. 612 of this Act.
---------------------------------------------------------------------------
    (b) Strengthening the Peruvian Judicial System.--Of the 
amount authorized to be appropriated by this Act to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 
(relating to the economic support fund), $1,000,000 for fiscal 
year 1986 and $1,000,000 for fiscal year 1987 shall be used to 
strengthen the judicial system in Peru under section 534 of the 
Foreign Assistance Act of 1961 (relating to administration of 
justice).
          * * * * * * *

SEC. 709. COMPREHENSIVE REPORTS ON ASSISTANCE FOR LATIN AMERICA AND THE 
                    CARIBBEAN.

    (a) Requirement for Comprehensive Accounting of 
Assistance.--In the annual reports required by section 634 of 
the Foreign Assistance Act of 1961, the President shall provide 
to the Congress a full, complete, and detailed accounting of 
all assistance provided during the fiscal years 1986 and 1987 
for Latin America and the Caribbean under the Foreign 
Assistance Act of 1961 and the Arms Export Control Act.
    (b) Information To Be Included.--The report provided 
pursuant to subsection (a) shall include for each fiscal year, 
among other things, the following with respect to each 
authorization account:
          (1) The specific projects and other activities 
        carried out in each country.
          (2) The number of persons from each country who were 
        provided with training, and the types of training 
        provided.
          (3) The defense articles and defense services 
        provided for each country.
          (4) The types of goods and commodities provided to 
        each country for economic stabilization purposes under 
        chapter 4 of part II of the Foreign Assistance Act of 
        1961 (relating to the economic support fund), and a 
        copy of each agreement for the furnishing of any 
        assistance under that chapter.
          (5) The amounts of local currency generated by United 
        States assistance to each country, the uses of those 
        currencies, and the total amount of those currencies 
        still available for use as of the time of the report.
          (6) A report on any transfers or reprogrammings of 
        funds, and a description of how transferred or 
        reprogrammed funds modified the amounts requested for 
        each account.
          (7) A report on the funds which have been obligated 
        but remain unexpended for each country in each account.
          (8) An analysis of the amount of funds and programs 
        provided through nongovernmental as contrasted to 
        governmental channels.

SEC. 710. USE OF PRIVATE AND VOLUNTARY ORGANIZATIONS.

    To the maximum extent practicable, assistance under chapter 
1 of part I (relating to development assistance) and chapter 4 
of part II (relating to the economic support fund) of the 
Foreign Assistance Act of 1961 for countries in Latin America 
and the Caribbean should be provided through private and 
voluntary organizations which have a proven record of 
development assistance efforts overseas.
          * * * * * * *

SEC. 713. USE OF EMPLOYEE STOCK OWNERSHIP PLANS IN DEVELOPMENT EFFORTS.

    (a) Findings.--The Congress declares that--
          (1) employee stock ownership plans in industrial, 
        farming, banking, and other enterprises in Central 
        America and the Caribbean can be an important component 
        in achieving United States goals in Central America and 
        the Caribbean; and
          (2) employee stock ownership plans should be used as 
        an instrument in financing growth and transfers of 
        equity in the region, in reorganizing state-owned 
        enterprises into viable employee-owned businesses, in 
        expanding political and economic pluralism, and in 
        strengthening democratic institutions in the region.
    (b) Plan for Expanded Use of ESOPs.--The President is urged 
to develop a plan for the expanded use of employee stock 
ownership plans in development efforts of the United States in 
Central America and the Caribbean, with an emphasis on policy 
and infra-structural changes needed to encourage voluntary 
employee stock ownership initiatives by multinational 
corporations and other private sector enterprises which have 
investments, are considering making new investments, or are 
interested in management contracts and joint ventures in the 
region.
    (c) Task Force.--To assist in this effort, there is 
established a Presidential Task Force on Project Economic 
Justice (hereafter in this section referred to as the ``Task 
Force''), which shall consist of individuals appointed by the 
President who are distinguished leaders of the private sector 
of the United States, including significant representation of 
union representatives of workers in successful companies with 
employee stock ownership plans and of nationally recognized 
experts in all phases of design, implementation, and operation 
of employee stock ownership plans. The President shall 
designate one of the members of the Task Force to serve as 
Chairman. The Chairman of the Task Force shall appoint a 
volunteer fund-raising committee, and all the expenses of the 
Task Force shall be paid without the use of public funds.
    (d) Report.--Not later than December 31, 1985, the Task 
Force shall prepare and transmit to the President and the 
Congress a report on the expanded use of employee stock 
ownership plans in the development efforts of the United States 
in Central America and the Caribbean, including specific 
recommendations on strategies for using employee stock 
ownership plans as a means of accelerating the rate of private 
sector capital formation in Central America and the Caribbean 
that is systematically linked to expanding ownership and 
profit-sharing opportunities for all employees.

SEC. 714. INTERNATIONAL ADVISORY COMMISSION FOR THE CARIBBEAN REGION.

    (a) Findings.--The Congress finds that--
          (1) many of the social, agricultural, educational, 
        and economic problems which confront nations in the 
        Caribbean Region result primarily from social and 
        economic injustice and inadequate economic and 
        agricultural development;
          (2) such problems are not addressed sufficiently by 
        current United States policies toward that region;
          (3) the development of the Caribbean Region is of 
        vital importance to the economic and strategic 
        interests of the United States and its allies; and
          (4) for purposes of defining development plans, 
        providing an international forum for Caribbean Region 
        development issues, and providing expert advice to 
        donor-aid countries, an international commission is 
        needed as the prime institution for promoting economic 
        cooperation and development in the Caribbean Region.
    (b) Invitations to Participate in Commission.--
          (1) Invitation to caribbean countries.--The President 
        may invite the countries which comprise the Caribbean 
        Region to participate with the United States in a 
        commission to be known as the International Advisory 
        Commission for the Caribbean Region (hereafter in this 
        section referred to as the ``Commission'').
          (2) Invitation to certain other countries.--The 
        President may also invite the Netherlands, the United 
        Kingdom, France, Canada, the Commonwealth of Puerto 
        Rico, and the Virgin Islands to participate in the 
        Commission.
    (c) Functions of Commission.--It is the sense of the 
Congress that the Commission should--
          (1) examine social, agricultural, educational, and 
        economic issues which affect the Caribbean Region; and
          (2) consult with leaders of the countries in the 
        Caribbean Region and with representatives from public 
        and private organizations involved in matters related 
        to the Caribbean Region in order to evaluate the 
        problems and needs of such countries.
    (d) Funding for Organizational Meeting of Commission.--Of 
the funds authorized to be appropriated to carry out section 
106 of the Foreign Assistance Act of 1961 (relating to 
development assistance for energy, private and voluntary 
organizations, and selected development activities), up to a 
total of $100,000 for fiscal years 1986 and 1987 may be made 
available to--
          (1) pay reasonable administrative expenses associated 
        with the organizational meeting of the Commission; and
          (2) pay reasonable travel and lodging expenses 
        incurred by commissioners from other participant 
        governments incident to their attendance at the 
        organizational meeting of the Commission.
    (e) Request to Congress Relating to United States 
Participation in the Commission.--The President should provide 
cost estimates and request authorization from the Congress in 
order to provide for the participation of the United States in 
the Commission (other than United States participation 
associated with the organizational meeting).
    (f) Appointment of United States Representative and 
Observers.--Upon the creation of the Commission--
          (1) the President should consider appointing one 
        individual as the United States representative to the 
        Commission;
          (2) the Speaker of the House of Representatives 
        should consider appointing two Members of the House, 
        one from each major political party, as observers at 
        the Commission; and
          (3) the majority leader of the Senate should consider 
        appointing two Members of the Senate, one from each 
        major political party, as observers at the Commission.

SEC. 715.\36\ * * *
---------------------------------------------------------------------------

    \36\ Sec. 715 amended sec. 726 of the International Security and 
Development Cooperation Act, 1981 (Public Law 97-113).
---------------------------------------------------------------------------

SEC. 716. RURAL ELECTRIFICATION.

    It is the sense of the Congress that funds appropriated for 
the fiscal years 1986 and 1987 under section 103(a)(2) of the 
Foreign Assistance Act of 1961 (relating to development 
assistance for agriculture, rural development, and nutrition) 
should be used for a comprehensive rural electrification 
program in Central America in order to establish conditions of 
stability and a foundation for economic development.

SEC. 717. FACILITATING INTERNATIONAL COMMERCE THROUGH MEXICO.

    (a) Finding.--Recognizing that increased levels of balanced 
international trade are an essential component in an economic 
development program for the region and that the United States 
has traditionally been the most important trading partner for 
each of the nations of Latin America, it is the sense of the 
Congress that current procedures and laws of the Government of 
Mexico, and practices of its officials, constitute a 
significant impediment to the transit of vehicles carrying the 
commodities of international trade through Mexican territory.
    (b) Negotiations and Cooperative Steps Concerning 
Transit.--As the Government of Mexico has played a valuable 
role in assisting and encouraging the economic and political 
development of the region, and in offering advice to the United 
States as to constructive policies this nation might pursue 
with respect to peace and prosperity in the area, the Secretary 
of State, acting independently or with representatives of other 
Latin America nations, shall initiate negotiations with the 
Government of Mexico aimed at eliminating or reducing those 
impediments to international trade. The agenda for such 
negotiations should include discussions to encourage the 
Government of Mexico to accede to existing international custom 
conventions on international in-transit shipments. Such actions 
are to be taken in concert with the institution by the United 
States, and the nations of the region where the transiting 
shipments originate, of appropriate and cooperative steps to 
make sealed-truck, no-inspection transit administratively 
acceptable to the Government of Mexico and other transited 
countries. Similar bilateral or multilateral negotiations by 
the Secretary of State with nations respecting the same 
international customs conventions is also encouraged.
    (c) Report.--The Secretary of State shall report the status 
of these negotiations to Congress by January 1, 1986.

SEC. 718. CONDEMNING HUMAN RIGHTS VIOLATIONS AND THE SUBVERSION OF 
                    OTHER GOVERNMENTS BY THE GOVERNMENT OF CUBA.

    (a) Condemnation of Certain Action by the Government of 
Cuba.--The Congress condemns--
          (1) the consistent pattern of gross violations of 
        internationally recognized human rights by the Cuban 
        Government, including--
                  (A) cruel, inhumane, and degrading treatment 
                and punishment of prisoners;
                  (B) the suppression of free speech, press, 
                and assembly; and
                  (C) restrictions on religious activity and 
                the freedom to emigrate; and
          (2) the provision by the Cuban government of material 
        aid and personnel support for the purposes of 
        subversion.
    (b) Call Upon the Government of Cuba.--The Congress calls 
upon the Government of Cuba to restore civil liberties and 
cease in the violation of human rights of the Cuban people and 
cease the subversion of other governments through material and 
personnel support.

SEC. 719. REPORTS ON FOREIGN DEBT IN LATIN AMERICA.

    (a) Findings.--The Congress finds that--
          (1) the foreign debt of Latin American countries has 
        soared from $27,000,000,000 in 1970 to over 
        $350,000,000,000 in 1983;
          (2) the foreign debt of Latin American countries is a 
        serious obstacle to their economic progress, threatens 
        their stability, and endangers the democratic processes 
        in those nations;
          (3) the economic and political futures of many of the 
        Latin American countries hang in the balance and depend 
        upon a successful resolution of the foreign debt 
        crisis; and
          (4) the confidence of the American people in the 
        United States system of banking is also involved in a 
        successful resolution of the foreign debt crisis.
    (b) Report.--Not later than January 1, 1986, the Secretary 
of State shall prepare and transmit to the Congress a report 
on--
          (1) the magnitude of the foreign debt crisis in the 
        Western Hemisphere;
          (2) the impact of the foreign debt crisis on the 
        economies of the countries of Latin America;
          (3) the degree to which the national security 
        interests of the United States are implicated in this 
        crisis;
          (4) the steps being taken and the policy being 
        pursued by the United States aimed at dealing with this 
        crisis;
          (5) the degree to which the foreign debt crisis 
        affects the system of banking in the United States; and
          (6) the steps being taken and the policy being 
        pursued by the United States Government aimed at 
        dealing with this crisis.

SEC. 720. ECONOMIC ASSISTANCE FOR URUGUAY.

    Of the amounts authorized to be appropriated to carry out 
chapter 4 of part II of the Foreign Assistance Act of 1961 
(relating to the economic support fund), $15,000,000 for fiscal 
year 1986 and $15,000,000 for fiscal year 1987 shall be 
available only for Uruguay.

SEC. 721. CANADIAN EXPORTS TO THE UNITED STATES.

    (a) Cattle and Hogs.--(1) The Congress finds that--
          (A) livestock prices have been in decline for some 
        time due to excessive supply partially caused by 
        dramatic increases in importation of live cattle and 
        hogs from Canada, which has increased by 1,000 percent 
        in the last decade in the case of hogs alone;
          (B) American livestock producers are suffering from 
        the same general economic crisis affecting all of 
        agriculture, and many will face liquidation or 
        foreclosure in the near future; and
          (C) the disparity between the United States and the 
        Canadian dollar amounts to 32 to 34 percent and results 
        in even further increases in Canadian hogs and cattle 
        being imported into the United States.
    (2) Therefore, it is the sense of the Congress that the 
President should direct appropriate officials of the executive 
branch, including the United States Trade Representative, the 
Secretary of Agriculture, and the Secretary of Commerce, to 
aggressively pursue discussions with the Canadian Government 
directed toward immediate reduction in the Canadian export of 
cattle and hogs to the United States.
    (b) Softwood Timber.--(1) The Congress finds that--
          (A) softwood timber prices have been in decline for 
        some time due to excessive supply partially caused by 
        dramatic increases in importation of processed softwood 
        timber from Canada, which has increased from 18 percent 
        of the United States market in the last two years to 35 
        to 40 percent today;
          (B) American timber producers are suffering from this 
        economic crisis, and the difficulty in acquiring timber 
        from the National Forest System; and
          (C) the disparity between the United States and the 
        Canadian dollar amounts to 32 to 34 percent and results 
        in even further increases in processed softwood timber 
        being imported into the United States.
    (2) Therefore, it is the sense of the Congress that the 
President should direct appropriate officials of the executive 
branch, including the United States Trade Representative, the 
Secretary of Agriculture, and the Secretary of Commerce, to 
aggressively pursue discussions with the Canadian Government 
directed toward immediate reduction in the Canadian export of 
softwood timber to the United States.

SEC. 722. NICARAGUA.

    (a) Settlement of the Conflict.--The Congress--
          (1) strongly supports national reconciliation in 
        Nicaragua and the creation of a framework for 
        negotiating a peaceful settlement to the Nicaraguan 
        conflict; and
          (2) finds that the United States should, in assisting 
        efforts to reach comprehensive and verifiable final 
        agreements based on the Contadora Document of 
        Objectives, encourage the Government of Nicaragua to 
        pursue a dialogue with the armed opposition forces and 
        their political representatives for the purposes of 
        achieving an equitable political settlement of the 
        conflict, including free and fair elections.
    (b) United States Concerns About Nicaraguan Foreign and 
Domestic Policies.--The Congress finds and declares the 
following:
          (1) Despite positive actions by the Congress 
        signaling support for negotiated solutions to conflicts 
        in Central America, there are disturbing trends in 
        Nicaragua's foreign and domestic policies, including--
                  (A) President Daniel Ortega's April 1985 trip 
                to the Soviet Union at a time when the Congress 
                signaled its strong disapproval of increasing 
                Nicaraguan-Soviet ties;
                  (B) the Sandinista government's close 
                military ties with Cuba, the Soviet Union, and 
                its Warsaw Pact allies; the disappointing and 
                insufficient reduction of the number of Cuban 
                advisors in Nicaragua by only 100 out of an 
                approximately 2,500; and the continuing 
                military buildup that Nicaragua's neighbors 
                consider threatening;
                  (C) the Sandinista government's curtailment 
                of individual liberties, political expression, 
                freedom of worship, and the independence of the 
                media;
                  (D) the subordination of military, judicial, 
                and internal security functions to the ruling 
                political party; and
                  (E) the Sandinista government's efforts to 
                export its influence and ideology.
          (2) If Nicaragua does not address the concerns 
        described in paragraph (1), the United States has 
        several options to address this challenge to peace and 
        stability in the region, including political, 
        diplomatic, and trade sanctions. In addition, the 
        United States--
                  (A) should through appropriate regional 
                organizations, such as the Organization of 
                American States, seek to maintain multilateral 
                pressure on Nicaragua to address these 
                concerns; and
                  (B) should, if called upon to do so, give 
                serious consideration to supporting any 
                sanctions adopted by such an organization.
          (3) In assessing whether or not progress is being 
        made in addressing these concerns, the Congress will 
        expect prompt and significant initiatives by the 
        Government of Nicaragua such as--
                  (A) the removal of foreign military advisors 
                from Nicaragua;
                  (B) the end to Sandinista support for 
                insurgencies in other countries in the region, 
                including the cessation of military supplies to 
                the rebel forces fighting the democratically 
                elected government in El Salvador;
                  (C) restoration of individual liberties, 
                political expression, freedom of worship, and 
                the independence of the media; and
                  (D) progress toward international 
                reconciliation and a pluralistic democratic 
                system, including steps to liberalize 
                institutions in order to allow the internal 
                opposition in Nicaragua to become a viable 
                partner in the Nicaraguan political process.
    (c) Resolution of the Conflict in Nicaragua.--
          (1) Basis for policy.--The Congress finds that--
                  (A) the people of Nicaragua are suffering the 
                horrors of a fierce armed conflict that is 
                causing grave hardships and loss of life, has 
                thrown the country into a serious political, 
                social, and economic upheaval, and is of 
                serious concern to the nations of the region 
                and to the United States;
                  (B) this conflict is fundamentally a 
                continuation of efforts of the Nicaraguan 
                people to attain a representative government at 
                peace with its neighbors, efforts which began 
                under the Somoza regime; and
                  (C) the United States recognized these noble 
                aspirations of the Nicaraguan people in the 
                June 23, 1979, resolution of the Seventeenth 
                Meeting of Consultation of Ministers of Foreign 
                Affairs of the Organization of American States, 
                which reads as follows:
``WHEREAS:
          ``The people of Nicaragua are suffering the horrors 
        of a fierce armed conflict that is causing grave 
        hardships and loss of life, and has thrown the country 
        into a serious political, social and economic upheaval;
          ``The inhumane conduct of the dictatorial regime 
        governing the country, as evidenced by the report of 
        the Inter-American Commission on Human Rights, is the 
        fundamental cause of the dramatic situation faced by 
        the Nicaraguan people; and
          ``The spirit of solidarity that guides Hemisphere 
        relations places an unavoidable obligation on the 
        American countries to exert every effort within their 
        power, to put an end to the bloodshed and to avoid the 
        prolongation of this conflict which is disrupting the 
        peace of the Hemisphere;
          ``THE SEVENTEENTH MEETING OF CONSULTATION OF 
        MINISTERS OF FOREIGN AFFAIRS,
``DECLARES:
          ``That the solution of the serious problem is 
        exclusively within the jurisdiction of the people of 
        Nicaragua.
           ``That in the view of the Seventeenth Meeting of 
        Consultation of Ministers of Foreign Affairs this 
        solution should be arrived at on the basis of the 
        following:
                  ``1. Immediate and definitive replacement of 
                the Somoza regime.
                  ``2. Installation in Nicaraguan territory of 
                a democratic government, the composition of 
                which should include the principal 
                representative groups which oppose the Somoza 
                regime and which reflects the free will of the 
                people of Nicaragua.
                  ``3. Guarantee of the respect for human 
                rights of all Nicaraguans without exception.
                  ``4. The holding of free elections as soon as 
                possible, that will lead to the establishment 
                of a truly democratic government that 
                guarantees peace, freedom, and justice.
``RESOLVES:
          ``1. To urge the member states to take steps that are 
        within their reach to facilitate an enduring and 
        peaceful solution of the Nicaraguan problem on the 
        bases set forth above, scrupulously respecting the 
        principle of nonintervention and abstaining from any 
        action that might be in conflict with the above bases 
        or be incompatible with a peaceful and enduring 
        solution to the problem.
          ``2. To commit their efforts to promote humanitarian 
        assistance to the people of Nicaragua and to contribute 
        to the social and economic recovery of the country.
          ``3. To keep the Seventeenth Meeting of Consultation 
        of Ministers of Foreign Affairs open while the present 
        situation continues.''.
          (2) The government of nicaragua.--The Congress 
        further finds that--
                  (A) the Government of National Reconstruction 
                of Nicaragua formally accepted the June 23, 
                1979, resolution as a basis for resolving the 
                Nicaraguan conflict in its ``Plan to Achieve 
                Peace'' which was submitted to the Organization 
                of American States on July 12, 1979;
                  (B) the June 23 1979, resolution and its 
                acceptance by the Government of National 
                Reconstruction of Nicaragua was the formal 
                basis for the removal of the Somoza regime and 
                the installation of the Government of National 
                Reconstruction;
                  (C) the Government of National 
                Reconstruction, now known as the Government of 
                Nicaragua and controlled by the Frente 
                Sandinista (the FSLN), has flagrantly violated 
                the provisions of the June 23, 1979, 
                resolution, the rights of the Nicaraguan 
                people, and the security of the nations in the 
                region, in that it--
                          (i) no longer includes the democratic 
                        members of the Government of National 
                        Reconstruction in the political 
                        process;
                          (ii) is not a government freely 
                        elected under conditions of freedom of 
                        the press, assembly, and organization, 
                        and is not recognized as freely elected 
                        by its neighbors, Costa Rica, Honduras, 
                        and El Salvador;
                          (iii) has taken significant steps 
                        towards establishing a totalitarian 
                        Communist dictatorship, including the 
                        formation of FSLN neighborhood watch 
                        committees and the enactment of laws 
                        that violate human rights and grant 
                        undue executive power;
                          (iv) has committed atrocities against 
                        its citizens as documented in reports 
                        by the Inter-American Commission on 
                        Human Rights of the Organization of 
                        American States;
                          (v) has aligned itself with the 
                        Soviet Union and Soviet allies, 
                        including the German Democratic 
                        Republic, Bulgaria, Libya, and the 
                        Palestine Liberation Organization;
                          (vi) has committed and refuses to 
                        cease aggression in the form of armed 
                        subversion against its neighbors in 
                        violation of the Charter of the United 
                        Nations, the Charter of the 
                        Organization of American States, the 
                        Inter-American Treaty of Reciprocal 
                        Assistance, and the 1965 United Nations 
                        General Assembly Declaration on 
                        Intervention; and
                          (vii) has built up an army beyond the 
                        needs of immediate self-defense, at the 
                        expense of the needs of the Nicaraguan 
                        people and about which the nations of 
                        the region have expressed deepest 
                        concern.
          (3) The nicaraguan democratic opposition.--The 
        Congress further finds that--
                  (A) as a result of these violations, the 
                Government of Nicaragua has lost the support of 
                virtually all independent sectors of Nicaraguan 
                society who initially supported the removal of 
                the Somoza regime (including democratic 
                political parties of the left, center, and 
                right; the leadership of the Church; free 
                unions; and the business, farmer, and 
                professional sectors) and who still seek 
                democracy, reject the rule of the Frente 
                Sandinista, and seek the free elections 
                promised in 1979;
                  (B) the Nicaraguan political opposition has 
                joined with the armed opposition groups in 
                issuing the San Jose Manifesto of March 1, 
                1985, calling for a national dialogue under 
                mediation by the Nicaraguan Bishops Conference 
                to peacefully attain the fulfillment of the 
                Government of Nicaragua's commitments to the 
                Organization of American States, including 
                ``the democratization of Nicaragua, conscious 
                that democracy is the only means to carry out 
                an authentic revolution and secure our national 
                identity and sovereignty'';
                  (C) on June 12, 1985, in San Salvador, El 
                Salvador, the political and armed opposition 
                groups representing the entire democratic 
                political spectrum of Nicaragua formed the 
                United Nicaraguan Opposition and affirmed their 
                ``historical commitment to achieve for 
                Nicaragua the reconciliation of her children, 
                to establish the foundation for democracy and 
                the moral and material reconstruction of the 
                nation''; and
                  (D) the United Nicaraguan Opposition further 
                declared its intention to ``give priority at 
                all times to a political solution which will 
                ease the suffering of our people''.
          (4) Concerns in the region and united states 
        responsibilities.--The Congress further finds that--
                  (A) Nicaragua's neighbors, Costa Rica, El 
                Salvador, and Honduras, have expressed, 
                individually and through the Contadora process, 
                their belief that their peace and freedom is 
                not safe so long as the Government of Nicaragua 
                excludes from power most of Nicaragua's 
                political leadership and is controlled by a 
                small sectarian party, without regard to the 
                will of the majority of Nicaraguans; and
                  (B) the United States, given its role in the 
                installation of the current Government of 
                Nicaragua, has a special responsibility 
                regarding the implementation of the commitments 
                made by that Government in 1979, especially to 
                those who fought against Somoza to bring 
                democracy to Nicaragua with United States 
                support.
          (5) Resolution of the conflict.--The Congress--
                  (A) condemns the Government of Nicaragua for 
                violating its solemn commitments to the 
                Nicaraguan people, the United States, and the 
                Organization of American States;
                  (B) affirms that the Government of Nicaragua 
                will be regarded as having achieved political 
                legitimacy when it fulfills its 1979 commitment 
                to the Organization of American States to 
                implement genuinely democratic elections, under 
                the supervision of the Organization of American 
                States, in which all elements of the Nicaraguan 
                resistance can peacefully participate under 
                conditions recognized as necessary for free 
                elections by international bodies;
                  (C) urges the Government of Nicaragua to 
                enter a national dialogue, as proposed by the 
                Nicaraguan democratic resistance in San Jose, 
                Costa Rica, on March 1, 1985, under mediation 
                by the Nicaraguan Bishops Conference in order 
                to peacefully resolve the current crisis 
                through internationally recognized elections in 
                which all elements of Nicaraguan society can 
                freely participate;
                  (D) supports the Nicaraguan democratic 
                resistance in its efforts to peacefully resolve 
                the Nicaraguan conflict and to achieve the 
                fulfillment of the Government of Nicaragua's 
                solemn commitments to the Nicaraguan people, 
                the United States, and the Organization of 
                American States;
                  (E) supports efforts by the Contadora 
                nations, the Organization of American States, 
                and other appropriate regional organizations to 
                maintain multilateral pressure on Nicaragua to 
                fulfill its commitments; and
                  (F) requests that the Secretary of State 
                transmit the text of this subsection to the 
                Foreign Ministers of the member states of the 
                Organization of American States.
    (d) Prohibition Relating to Military or Paramilitary 
Operations in Nicaragua.--Notwithstanding any other provision 
of law, no funds authorized to be appropriated or otherwise 
made available by this Act (except the funds authorized to be 
appropriated in this section), by the Foreign Assistance Act of 
1961, or by the Arms Export Control Act shall be used to 
provide assistance of any kind, either directly or indirectly, 
to any person or group engaging in an insurgency or other act 
of rebellion against the Government of Nicaragua. The United 
States shall not enter into any arrangement conditioning, 
expressly or impliedly, the provision of assistance under this 
Act or the purchase of defense articles and services under the 
Arms Export Control Act upon the provision of assistance by a 
recipient to persons or groups engaging in an insurgency or 
other act of rebellion against the Government of Nicaragua.
    (e) Limitation on Use of Funds Against Nicaragua.--None of 
the funds authorized to be appropriated in this or any other 
Act can be used to fund directly, or indirectly, activities 
against the Government of Nicaragua which have not been 
authorized by, or pursuant to, law and which would place the 
United States in violation of our obligations under the Charter 
of the Organization of American States, to which the United 
States is a signatory, or under international law as defined by 
treaty commitments agreed to, and ratified by, the Government 
of the United States.
    (f) Food Aid to the Nicaraguan People.--In cooperation with 
Cardinal Miguel Obando y Bravo and private and voluntary 
organizations, the President should explore and promote means 
for providing food aid to the Nicaraguan people through private 
and voluntary organizations and the Catholic Church.
    (g) Humanitarian Assistance for Nicaraguan Democratic 
Resistance.--(1) Effective upon the date of enactment of this 
Act, there are authorized to be appropriated $27,000,000 for 
humanitarian assistance to the Nicaraguan democratic 
resistance. Such assistance shall be provided to such 
department or agency of the United States as the President 
shall designate, except the Central Intelligence Agency or the 
Department of Defense.
    (2) The assistance authorized by this subsection is 
authorized to remain available for obligation until March 31, 
1986.
    (3) One-third of the assistance authorized by this 
subsection shall be available for obligation at any time after 
the appropriation of funds pursuant to such authorization, an 
additional one-third shall be available for obligation upon 
submission of the first report required by subsection (j), and 
the remaining one-third shall be available for obligation upon 
submission of the second such report.
    (4) The President shall establish appropriate procedures to 
ensure that any humanitarian assistance provided by the United 
States Government to the Nicaraguan democratic resistance is 
used only for the intended purpose and is not diverted (through 
barter, exchange, or any other means) for acquisition of 
weapons systems, ammunition, or other equipment, vehicle, or 
material which can be used to inflict serious bodily harm or 
death.
    (5) As used in this subsection, the term ``humanitarian 
assistance'' means the provision of food, clothing, medicine, 
and other humanitarian assistance, and it does not include the 
provision of weapons, weapons systems, ammunition, or other 
equipment, vehicles, or material which can be used to inflict 
serious bodily harm or death.
    (h) Assistance for Implementation of a Contadora 
Agreement.--Effective upon the date of enactment of this Act, 
there are authorized to be appropriated $2,000,000, which are 
authorized to remain available until expended, for payment by 
the Secretary of State for the expenses arising from 
implementation by the Contadora nations (Mexico, Panama, 
Colombia, and Venezuela) of an agreement among the countries of 
Central America based on the Contadora Document of Objectives 
of September 9, 1983, including peacekeeping, verification, and 
monitoring systems.
    (i) Policies With Respect to Nicaragua.--The President is 
hereby urged and requested--
          (1) to pursue vigorously the use of diplomatic and 
        economic measures to resolve the conflict in Nicaragua, 
        including simultaneous negotiations--
                  (A) to implement the Contadora Document of 
                Objectives of September 8, 1983; and
                  (B) to develop, in close consultation and 
                cooperation with other nations, trade and 
                economic measures to complement such policies 
                of the United States and to encourage the 
                Government of Nicaragua to take the necessary 
                steps to resolve the conflict;
          (2) to suspend the economic sanctions imposed by the 
        President on May 1, 1985, and the United States 
        military maneuvers in Honduras and off the coast of 
        Nicaragua, if the Government of Nicaragua agrees--
                  (A) to a cease fire,
                  (B) to open a dialogue with all elements of 
                the opposition, including the Nicaraguan 
                democratic resistance, and
                  (C) to suspend the state of emergency in 
                Nicaragua;
          (3) to call upon the Nicaraguan democratic resistance 
        to remove from their ranks any individuals who have 
        engaged in human rights abuses; and
          (4) to resume bilateral discussions with the 
        Government of Nicaragua with a view to encouraging--
                  (A) a church-mediated dialogue between the 
                Government of Nicaragua and all elements of the 
                opposition, including the Nicaraguan democratic 
                resistance, in support of internal 
                reconciliation as called for by the Contadora 
                Document of Objectives; and
                  (B) a comprehensive, verifiable agreement 
                among the nations of Central America, based on 
                the Contadora Document of Objectives.
    (j) Reports.--The President shall submit a report to the 
Congress 90 days after the date of enactment of this Act, and 
every 90 days thereafter, on any actions taken to carry out 
subsections (g) and (h). Each such report shall include--
          (1) a detailed statement of any progress made in 
        reaching a negotiated settlement referred to in 
        subsection (i)(1), including the willingness of the 
        Nicaraguan democratic resistance and the Government of 
        Nicaragua to negotiate a settlement;
          (2) a detailed accounting of the disbursements made 
        to provide humanitarian assistance with the funds 
        provided pursuant to subsection (g); and
          (3) a discussion of the alleged human rights 
        violations by the Nicaraguan democratic resistance and 
        the Government of Nicaragua, including a statement of 
        the steps taken by the Nicaraguan democratic resistance 
        to comply with the request referred to in subsection 
        (i)(3).
    (k) Submission of Request for Additional Assistance for the 
Central America Peace Process.--If the President determines at 
any time after the enactment of this Act that--
          (1) negotiations based on the Contadora Document of 
        Objectives of September 9, 1983, have produced an 
        agreement, or show promise of producing an agreement, 
        or
          (2) other trade and economic measures will assist in 
        a resolution of the conflict, or to stabilization in 
        the region,
the President may submit to the Congress a request for budget 
and other authority to provide additional assistance for the 
furtherance of the Central America peace process.
    (l) Statement To Be Included.--The President's request 
pursuant to subsection (k) shall include a detailed statement 
as to progress made to resolve the conflict in the region.
    (m) Consultation With the Congress.--In formulating a 
request pursuant to subsection (k), the President shall consult 
with the Congress.
    (n) House Procedures.--(1) The provisions of this 
subsection apply, during the 99th Congress, to the 
consideration in the House of Representatives of a joint 
resolution with respect to the request submitted by the 
President pursuant to subsection (k).
    (2) For purposes of this subsection, the term ``joint 
resolution'' means only a joint resolution introduced within 3 
legislative days after the Congress receives the request 
submitted by the President pursuant to subsection (k)--
          (A) the matter after the resolving clause of which is 
        as follows: ``That the Congress hereby approves the 
        additional authority and assistance for the Central 
        America peace process that the President requested 
        pursuant to the International Security and Development 
        Cooperation Act of 1985, notwithstanding section 10 of 
        Public Law 91672.'';
          (B) which does not have a preamble; and
          (C) the title of which is as follows: ``Joint 
        Resolution relating to Central America pursuant to the 
        International Security and Development Cooperation Act 
        of 1985.''.
    (3) A joint resolution shall, upon introduction, be 
referred to the appropriate committee or committees of the 
House of Representatives.
    (4) If all the committees of the House to which a joint 
resolution has been referred have not reported the same joint 
resolution by the end of 15 legislative days after the first 
joint resolution was introduced, any committee which has not 
reported the first joint resolution introduced shall be 
discharged from further consideration of that joint resolution 
and that joint resolution shall be placed on the appropriate 
calendar of the House.
    (5)(A) At any time after the first joint resolution placed 
on the appropriate calendar has been on that calendar for a 
period of 5 legislative days, it is in order for any Member of 
the House (after consultation with the Speaker as to the most 
appropriate time for the consideration of that joint 
resolution) to move that the House resolve itself into the 
Committee of the Whole House on the State of the Union for the 
consideration of that joint resolution. The motion is highly 
privileged and is in order even though a previous motion to the 
same effect has been disagreed to. All points of order against 
the joint resolution under clauses 2 and 6 of Rule XXI of the 
Rules of the House are waived. If the motion is agreed to, the 
resolution shall remain the unfinished business of the House 
until disposed of. A motion to reconsider the vote by which the 
motion is disagreed to shall not be in order.
    (B) Debate on the joint resolution shall not exceed ten 
hours, which shall be divided equally between a Member favoring 
and a Member opposing the joint resolution. A motion to limit 
debate is in order at any time in the House or in the Committee 
of the Whole and is not debatable.
    (C) An amendment to the joint resolution is not in order.
    (D) At the conclusion of the debate on the joint 
resolution, the Committee of the Whole shall rise and report 
the joint resolution back to the House, and the previous 
question shall be considered as ordered on the joint resolution 
to final passage without intervening motion.
    (6) As used in this subsection, the term ``legislative 
day'' means a day on which the House is in session.
    (o) Senate Procedures.--A joint resolution which is 
introduced in the Senate within 3 calendar days after the day 
on which the Congress receives a Presidential request described 
in subsection (k) and which, if enacted, would grant the 
President the authority to take any or all of the actions 
described in subsection (k) shall be considered in accordance 
with procedures contained in paragraphs (3) through (7) of 
section 8066(c) of the Department of Defense Appropriations 
Act, 1985 (as contained in Public Law 98-473), except that--
          (1) references in such paragraphs to the Committees 
        on Appropriations of the Senate shall be deemed to be 
        references to the appropriate committee or committees 
        of the Senate; and
          (2) amendments to the joint resolution are in order.
    (p) \37\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \37\ Subsec. (p) was repealed by sec. 111(m)(1) of the Continuing 
Appropriations Act, 1988 (Public Law 100-202; 101 Stat. 1329-441). It 
formerly read as follows:
    ``(p) Submission of Request for Additional Assistance for 
Nicaraguan Democratic Resistance.--If the President determines at any 
time after the enactment of this Act that--
---------------------------------------------------------------------------

  ``(1) negotiations based on the Contadora Document of Objectives of 
September 9, 1983, have failed to produce an agreement, or

  ``(2) other trade and economic measures have failed to resolve the 
conflict

the President may submit to the Congress a request for budget and other 
authority to provide additional assistance for the Nicaraguan democratic 
resistance.''.

    (q) Statement To Be Included.--The President's request 
pursuant to subsection (p) shall include a detailed statement 
as to why the negotiations or other measures have failed to 
resolve the conflict in the region.
    (r) Consultation With the Congress.--In formulating a 
request pursuant to subsection (p), the President shall consult 
with the Congress.
    (s) \38\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \38\ Subsec. (s) was repealed by sec. 111(m)(1) of the Continuing 
Appropriations Act, 1988 (Public Law 100-202; 101 Stat. 1329-441). It 
formerly read as follows:
    ``(s) House Procedures.--(1) The provisions of this subsection 
apply, during the 99th Congress, to the consideration in the House of 
Representatives of a joint resolution with respect to the request 
submitted by the President pursuant to subsection (p).
    ``(2) For purposes of this subsection, the term `joint resolution' 
means only a joint resolution introduced within 3 legislative days 
after the Congress receives the request submitted by the President 
pursuant to subsection (p)--
---------------------------------------------------------------------------

  ``(A) the matter after the resolving clause of which is as follows: `That 
the Congress hereby approves the additional authority and assistance for 
the Nicaraguan democratic resistance that the President requested pursuant 
to the International Security and Development Cooperation Act of 1985, 
notwithstanding section 10 of Public Law 91672.';

  ``(B) which does not have a preamble; and

  ``(C) the title of which is as follows: `Joint Resolution relating to 
Central America pursuant to the International Security and Development 
Cooperation Act of 1985.'.
---------------------------------------------------------------------------

    ``(3) A joint resolution shall, upon introduction, be referred to 
the appropriate committee or committees of the House of 
Representatives.
    ``(4) If all the committees of the House to which a joint 
resolution has been referred have not reported the same joint 
resolution by the end of 15 legislative days after the first joint 
resolution was introduced, any committee which has not reported the 
first joint resolution introduced shall be discharged from further 
consideration of that joint resolution and that joint resolution shall 
be placed on the appropriate calendar of the House.
    ``(5)(A) At any time after the first joint resolution placed on the 
appropriate calendar has been on that calendar for a period of 5 
legislative days, it is in order for any Member of the House (after 
consultation with the Speaker as to the most appropriate time for the 
consideration of that joint resolution) to move that the House resolve 
itself into the Committee of the Whole House on the State of the Union 
for the consideration of that joint resolution. The motion is highly 
privileged and is in order even though a previous motion to the same 
effect has been disagreed to. All points or order against the joint 
resolution under clauses 2 and 6 of Rule XXI of the Rules of the House 
are waived. If the motion is agreed to, the resolution shall remain the 
unfinished business of the House until disposed of. A motion to 
reconsider the vote by which the motion is disagreed to shall not be in 
order.
    ``(B) Debate on the joint resolution shall not exceed ten hours, 
which shall be divided equally between a Member favoring and a Member 
opposing the joint resolution. A motion to limit debate is in order at 
any time in the House or in the Committee of the Whole and is not 
debatable.
    ``(C) An amendment to the joint resolution is not in order.
    ``(D) At the conclusion of the debate on the joint resolution, the 
Committee of the Whole shall rise and report the joint resolution back 
to the House, and the previous question shall be considered as ordered 
on the joint resolution to final passage without intervening motion.
    ``(6) As used in this subsection, the term `legislative day' means 
a day on which the House is in session.''.
---------------------------------------------------------------------------
    (t) \39\ * * * [Repealed--1987]
---------------------------------------------------------------------------
    \39\ Subsec. (t) was repealed by sec. 111(m)(1) of the Continuing 
Appropriations Act, 1988 (Public Law 100-202). It formerly read as 
follows:
    ``(t) Senate Procedures.--A joint resolution which is introduced in 
the Senate within 3 calendar days after the day on which the Congress 
receives a Presidential request described in subsection (p) and which, 
if enacted, would grant the President the authority to take any or all 
of the actions described in subsection (p) shall be considered in 
accordance with procedures contained in paragraphs (3) through (7) of 
section 8066(c) of the Department of Defense Appropriations Act, 1985 
(as contained in Public Law 98-473), except that--
---------------------------------------------------------------------------

  ``(1) references in such paragraphs to the Committees on Appropriations 
of the Senate shall be deemed to be references to the appropriate committee 
or committees of the Senate; and

  ``(2) amendments to the joint resolution are in order.''.

    (u) Congressional Rulemaking Powers.--Subsections (n), (o), 
(s), and (t) are enacted--
          (1) as exercises of the rulemaking powers of the 
        House of Representatives and Senate, and as such they 
        are deemed a part of the Rules of the House and the 
        Rules of the Senate, respectively, but applicable only 
        with respect to the procedure to be followed in the 
        House and the Senate in the case of joint resolutions 
        under this section, and they supersede other rules only 
        to the extent that they are inconsistent with such 
        rules; and
          (2) with full recognition of the constitutional right 
        of the House and the Senate to change their rules at 
        any time, in the same manner, and to the same extent as 
        in the case of any other rule in the House or Senate, 
        and of the right of the Committee on Rules of the House 
        of Representatives to report a resolution for the 
        consideration of any measure.

                           TITLE VIII--AFRICA

SEC. 801. BALANCE-OF-PAYMENTS SUPPORT FOR COUNTRIES IN AFRICA.

    (a) ESF Commodity Import and Sector Programs.--Agreements 
with countries in Africa which provide for the use of funds 
made available to carry out chapter 4 of part II of the Foreign 
Assistance Act of 1961 for the fiscal years 1986 and 1987 to 
finance imports by those countries (under commodity import 
programs or sector programs) shall require that those imports 
be used to meet long-term development needs in those countries 
in accordance with the following criteria:
          (1) Spare parts and other imports shall be allocated 
        on the basis of evaluations, by the agency primarily 
        responsible for administering part I of that Act, of 
        the ability of likely recipients to use such spare 
        parts and imports in a maximally productive, employment 
        generating, and cost effective way.
          (2) Imports shall be coordinated with investments in 
        accordance with the recipient country's plans for 
        promoting economic development. The agency primarily 
        responsible for administering part I of that Act shall 
        assess such plans to determine whether they will 
        effectively promote economic development.
          (3) Emphasis shall be placed on imports for 
        agricultural activities which will expand agricultural 
        production, particularly activities which expand 
        production for export or production to reduce reliance 
        on imported agricultural products.
          (4) Emphasis shall also be placed on a distribution 
        of imports having a broad development impact in terms 
        of economic sectors and geographic regions.
          (5) In order to maximize the likelihood that the 
        imports financed by the United States under such 
        chapter are in addition to imports which would 
        otherwise occur, consideration shall be given to 
        historical patterns of foreign exchange uses.
          (6)(A) Seventy-five percent of the foreign currencies 
        generated by the sale of such imports by the government 
        of the country shall be deposited in a special account 
        established by that government and, except as provided 
        in subparagraph (B), shall be available only for use in 
        accordance with the agreement for economic development 
        activities which are consistent with the policy 
        directions of section 102 of the Foreign Assistance Act 
        of 1961 and which are the types of activities for which 
        assistance may be provided under sections 103 through 
        106 of that Act.
          (B) The agreement shall require that the government 
        of the country make available to the United States 
        Government such portion of the amount deposited in the 
        special account as may be determined by the President 
        to be necessary for requirements of the United States 
        Government.
    (b) Annual Evaluations.--The agency primarily responsible 
for administering part I of the Foreign Assistance Act of 1961 
shall conduct annual evaluations of the extent to which the 
criteria set forth in this subsection have been met.

SEC. 802.\40\ ECONOMIC SUPPORT ASSISTANCE FOR SOUTHERN AFRICA.

    (a) Funds for Southern Africa Regional Programs.--Of the 
amounts authorized to be appropriated to carry out chapter 4 of 
part II of the Foreign Assistance Act of 1961, not less than 
$30,000,000 for fiscal year 1986 and not less than $30,000,000 
for fiscal year 1987 shall be available only for regional 
programs in southern Africa. Not less than 50 percent of each 
of these amounts shall be allocated to assist sector projects 
supported by the Southern Africa Development Coordination 
Conference (SADCC) to enhance the economic development of the 
nine member states forming this important regional institution, 
especially in the following sectors: transportation, 
agriculture research and training, manpower development, and 
institutional support for the SADCC secretariat.
---------------------------------------------------------------------------
    \40\ Sec. 4(b)(1) of the South African Democratic Transition 
Support Act of 1993 (Public Law 103-149; 107 Stat. 1505) repealed 
subsecs. (c) and (d) of this section. Those subsections stated 
eligibility criteria for funds for South Africa educational training 
programs and for the Human Rights Fund for South Africa through chapter 
4 of part II of the Foreign Assistance Act of 1961 for fiscal years 
1986 and 1987.
---------------------------------------------------------------------------
    (b) Studies Relating to Southern Africa Regional 
Programs.--(1) The administrator of the agency primarily 
responsible for administering part I of the Foreign Assistance 
Act of 1961 shall conduct a study which evaluates--
          (A) the assistance which that agency provides to the 
        Southern Africa Development Coordination Conference and 
        other African regional institutions and economic 
        development organizations, and
          (B) ways to improve such assistance.
    (2) The administrator shall also conduct a study which 
assesses what type of bureaucratic mechanism within that agency 
might be established to coordinate assistance to all African 
regional institutions.
    (3) The administrator shall submit the results of the 
studies conducted pursuant to this subsection to the Congress 
within 3 months after the date of enactment of this Act.

SEC. 803. POLICY TOWARD SOUTH AFRICAN ``HOMELANDS''.

    (a) Findings.--The Congress finds that--
          (1) the sanctity of the family, individual liberty, 
        maximum freedom of choice, ownership of private 
        property, and equal treatment of all citizens, 
        regardless of race, are principles which are fully 
        supported by the American people;
          (2) the forced relocation of blacks by the Government 
        of the Republic of South Africa to designated 
        ``homelands'' divides families, as families are 
        required to remain in the ``homelands'' while fathers 
        seek work in the so-called ``white areas'';
          (3) the forced removal of persons living in so-called 
        ``black spots'' in ``white'' rural areas in South 
        Africa denies them the fundamental right to live and to 
        farm on land they have legally occupied for years, and 
        subjects them to arbitrary arrest and detention when 
        they seek these rights;
          (4) compared to ``white'' South Africa, the 
        designated ``homelands'', which are meant to 
        accommodate the largest South African population group 
        on a fraction of South African territory and were 
        established without the consent of the vast majority of 
        the governed, are characterized by high rates of infant 
        mortality, unemployment, and malnutrition and by a 
        severe shortage of medical services;
          (5) the policy of the Government of the Republic of 
        South Africa denies blacks their rightful claim to full 
        South African citizenship; and
          (6) the recent violence in South Africa must be seen 
        as an inevitable result of the denial of the full 
        rights of citizenship.
    (b) Statement of Policy.--It is the sense of the Congress 
that--
          (1) the policy of separate development and the forced 
        relocation of the people of the Republic of South 
        Africa are inconsistent with fundamental American 
        values and internationally recognized principles of 
        human rights;
          (2) the Government of the United States should 
        continue to regard as citizens of South Africa all 
        persons born within the internationally recognized 
        boundaries of the Republic of South Africa, and not 
        differentiate among these citizens on the basis of the 
        South African Government's claim to have granted 
        independence to various ``homelands'';
          (3) at such times that any ``homeland'' official 
        applies for a visa for travel to the United States, 
        such visa should not be granted unless that official 
        holds a passport which is recognized as valid by the 
        Government of the United States; and
          (4) the Government of the United States should urge 
        that the forced relocation of South African citizens be 
        discontinued and that policies be adopted for all South 
        Africa's citizens which protect the sanctity of the 
        family, individual liberty, maximum freedom of choice, 
        ownership of private property, and equal treatment of 
        all citizens, regardless of race.

SEC. 804. ASSISTANCE FOR ZAIRE.

    (a) Economic Support Assistance.--Funds allocated for 
assistance for Zaire under chapter 4 of part II of the Foreign 
Assistance Act of 1961 for each of the fiscal years 1986 and 
1987 shall be used only for assistance which is provided in 
accordance with the provisions applicable to assistance under 
chapter 1 of part I of the Foreign Assistance Act of 1961. Such 
assistance shall be provided, to the maximum extent 
practicable, through private and voluntary organizations.
    (b) Military Assistance.--For each of the fiscal years 1986 
and 1987--
          (1) the value of assistance provided under chapter 2 
        of part II of the Foreign Assistance Act of 1961 for 
        Zaire may not exceed $7,000,000; and
          (2) financing may not be provided under the Arms 
        Export Control Act of Zaire.

SEC. 805. ASSISTANCE FOR TUNISIA.

    (a) Policy Concerning Security Assistance.--The United 
States provides security assistance to Tunisia in recognition 
of the traditional friendship between the United States and 
Tunisia and our common interests in the region. The provision 
of such assistance is also based on the expectation that 
political stability and development in Tunisia will be best 
advanced through continued growth of democratic institutions.
    (b) Earmarking of MAP and ESF.--For each of the fiscal 
years 1986 and 1987--
          (1) not less than $15,000,000 of the amounts 
        authorized to be appropriated to carry out chapter 2 of 
        part II of the Foreign Assistance Act of 1961, and
          (2) not less than $20,000,000 \41\ of the amounts 
        authorized to be appropriated to carry out chapter 4 of 
        part II of that Act,
---------------------------------------------------------------------------
    \41\ Title III of the Foreign Assistance and Related Programs 
Appropriations Act, 1986 (sec. 101(i) of Public Law 99-190; 99 Stat. 
1301), appropriated for Foreign Military Sales for fiscal year 1986: 
``not less than $27,000,000 of concessional credits shall be provided 
only for Tunisia.''.
---------------------------------------------------------------------------
shall be available only for Tunisia.

SEC. 806. POLITICAL SETTLEMENT IN SUDAN.

    (a) Findings.--The Congress finds that--
          (1) friendship and mutual interests bind the United 
        States and Sudan; and
          (2) the peace, security, and economic development of 
        Sudan depend in large part on addressing the problems 
        associated with the traditional north-south division in 
        that country through political rather than military 
        means.
    (b) \42\ United States Policy.--It is, therefore, the 
policy of the United States that the provision of security 
assistance to Sudan shall be based on the expectation that the 
Government of Sudan will make progress toward reaching a 
political settlement with all parties to the conflict in the 
south of Sudan.
---------------------------------------------------------------------------
    \42\ Sec. 542 of the Foreign Assistance and Related Programs 
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 
3341-236), provided:
    ``None of the funds provided in this Act shall be available for the 
Sudan if the President determines that the Sudan is acting in a manner 
that would endanger the stability of the region, or the Camp David 
peace process.''.
---------------------------------------------------------------------------

SEC. 807. ELECTIONS IN LIBERIA.

    In recognition of the special relationship that the United 
States has with Liberia and of the wide variety of interests 
that the United States has in Liberia, security assistance for 
Liberia for fiscal years 1986 and 1987 is based on the 
expectation of a successful completion of free and fair 
elections, on a multiparty basis, in October 1985 as proposed 
by the Government of Liberia and on a return to full civilian, 
constitutional rule as a consequence of those elections.

SEC. 808. WESTERN SAHARA.

    (a) United States Policy.--The policy of the United States 
shall be to support a negotiated political solution to the 
conflict in the Western Sahara taking into account the 
principle of self-determination as outlined in the 1981 Nairobi 
resolution and to encourage all parties to the conflict to 
reach a peaceful internationally recognized settlement. As part 
of this policy, the United States should carefully consider 
each type of military assistance it furnishes to any of the 
parties to the conflict and should seek to insure that the 
furnishing of such military assistance is consistent with 
United States policy which seeks a negotiated settlement.
    (b) Further Statement of Policy.--It is the further policy 
of the United States to support Morocco's legitimate defense 
needs and to discourage aggression by any country in North 
Africa against another.
          * * * * * * *

SEC. 812.\43\ FAILURE OF THE ETHIOPIAN GOVERNMENT TO RESPONSIBLY 
                    AMELIORATE FAMINE CONDITIONS. * * * [REPEALED--
                    1991]
---------------------------------------------------------------------------

    \43\ Sec. 118 of the Further Continuing Appropriations, 1992 
(Public Law 102-145, as amended), repealed sec. 812, subsecs. (c) and 
(d) of which provided the following:
    ``(c) Prohibition on Imports and Exports.--(1) The President shall 
determine, within 30 days after the date of enactment of this Act, 
whether the Ethiopian regime is conducting a deliberate policy of 
starvation of its people and has not granted fundamental human rights 
to its citizens. The President shall submit that determination, and the 
basis for the determination, to the Congress.
    ``(2) If the President determines that such a policy is being 
conducted and that such rights are not being granted, paragraph (3) 
shall take effect if the Congress enacts a joint resolution approving 
that determination.
    ``(3) If the conditions specified in paragraph (1) and (2) are 
met--
---------------------------------------------------------------------------

  ``(A) goods and services of Ethiopian origin may not be imported into the 
United States; and

  ``(B) except for emergency relief, rehabilitation, and recovery 
assistance, goods, and services of United States origin may not be exported 
(directly or indirectly) to Ethiopia.
---------------------------------------------------------------------------

    ``(d) Prohibition on Economic Assistance.--The President shall 
suspend all forms of economic assistance to the Government of Ethiopia. 
This section shall not be construed to prevent the furnishing of 
international disaster assistance under section 491 of the Foreign 
Assistance Act of 1961 or economic assistance which will directly 
benefit people in accordance with section 116 of that Act.''.
---------------------------------------------------------------------------

SEC. 813. ASSISTANCE FOR THE PEOPLE'S REPUBLIC OF MOZAMBIQUE.

    (a) Economic Assistance.--The funds authorized to be 
appropriated for fiscal years 1986 and 1987 to carry out 
chapter 1 of part I (relating to development assistance) and 
chapter 4 of part II (relating to the economic support fund) of 
the Foreign Assistance Act of 1961 that are allocated for 
bilateral assistance to the People's Republic of Mozambique 
shall be used solely for assistance to the private sector of 
the economy of Mozambique to the maximum extent practicable. To 
the maximum extent practicable, such funds shall be channeled 
to non-governmental entities in Mozambique.
    (b) Military Assistance.--(1) None of the funds authorized 
to be appropriated for fiscal year 1986 or fiscal year 1987 to 
carry out chapter 2 of part II (relating to grant military 
assistance) or chapter 5 of part II (relating to international 
military education and training) of the Foreign Assistance Act 
of 1961 shall be used to provide assistance to the People's 
Republic of Mozambique unless the President makes the 
certification described in paragraph (2) before providing any 
such assistance for that fiscal year.
    (2) The certification required by paragraph (1) is a 
certification by the President to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate that the Government of the People's 
Republic of Mozambique--
          (A) is making a concerted and significant effort to 
        comply with internationally recognized human rights;
          (B) is making continued progress in implementing 
        essential economic and political reforms, including the 
        restoration of private property and respect for the 
        right to engage in free enterprise in all sectors of 
        the economy;
          (C) has implemented a plan by September 30, 1986, to 
        reduce the number of foreign military personnel to no 
        more than 55; and
          (D)(i) in the case of a certification with respect to 
        assistance for fiscal year 1986, is committed to 
        holding free elections at a date no later than 
        September 30, 1986, and to that end has demonstrated 
        its good faith efforts to begin discussions with all 
        major political factions in Mozambique which have 
        declared their willingness to find and implement an 
        equitable political solution to the conflict, with such 
        solution to involve a commitment to--
                  (I) the electoral process with 
                internationally recognized observers; and
                  (II) the elimination of all restrictions on 
                the formation and activities of opposition 
                political parties; and
          (ii) in the case of a certification with respect to 
        assistance for fiscal year 1987, held free elections by 
        September 30, 1986.

                             TITLE IX--ASIA

SEC. 901. THE PHILIPPINES.\44\

    (a) Democracy in the Philippines.--It is the sense of the 
Congress that the United States should encourage the 
revitalization of democracy in the Philippines. To that end, 
the Congress affirms its intention to grant future aid to the 
Philippines according to the determination of the Congress that 
United States security interests are enhanced and sufficient 
progress is made by the Government of the Philippines in--
---------------------------------------------------------------------------
    \44\ Title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 
3341-221), provided:
---------------------------------------------------------------------------

``economic support fund
---------------------------------------------------------------------------

    ``That not less than an additional sum of $200,000,000 shall be 
available only for the Philippines: * * *.''
    Title I, Chapter V of the Urgent Supplemental Appropriations Act, 
1986 (Public Law 99-349; 100 Stat. 726), further provided:
---------------------------------------------------------------------------

``Special Assistance to the Philippines

``economic support fund
---------------------------------------------------------------------------

    ``For an additional amount for the `Economic Support Fund', 
$100,000,000, to remain available until March 31, 1987: Provided, That 
this amount shall be available only for the Philippines: Provided 
further, That none of these funds may be available for obligation 
unless the Appropriations Committees of both Houses of Congress are 
previously notified fifteen days in advance.
---------------------------------------------------------------------------

``military assistance
---------------------------------------------------------------------------

    ``For an additional amount for `Military Assistance', $50,000,000, 
to remain available until March 31, 1987: Provided, That this amount 
shall be available only for the Philippines: Provided further, That 
none of these funds may be available for obligation unless the 
Appropriations Committees of both Houses of Congress are previously 
notified fifteen days in advance.''.
---------------------------------------------------------------------------
          (1) guaranteeing free, fair, and honest elections in 
        1986 and 1987, or sooner should any such elections 
        occur;
          (2) ensuring the full, fair, and open prosecution of 
        those responsible for the murder of Benigno Aquino, 
        including those involved in the cover-up;
          (3) ensuring freedom of speech and freedom of the 
        press, and unrestricted access to the media on the part 
        of all candidates for public office in the local and 
        provincial elections of 1986 and the Presidential 
        election of 1987;
          (4) establishing the writ of habeas corpus and the 
        termination of the Presidential Detention Action and 
        all other forms of detention without charge or trial;
          (5) releasing all individuals detained or imprisoned 
        for peaceful political activities;
          (6) making substantial progress in terminating 
        extrajudicial killings by the Philippine military and 
        security forces and the prosecution of those 
        responsible for such killings in the past;
          (7) implementing structural economic reforms and a 
        strengthening of the private sector, including 
        elimination of corruption and monopolies; and
          (8) enhancing the professional capability of the 
        Philippine armed forces and security forces (including 
        the Philippine Constabulary and the Civilian House 
        Defense Forces).
    (b) Primary Purpose of United States Assistance.--The 
Congress finds and declares that the primary purpose of United 
States assistance to the Philippines should be to maintain and 
foster friendly relations between the people of the Philippines 
and the people of the United States and to encourage the 
restoration of internal security, both of which goals can be 
best served by the achievement of an open and stable democracy.
    (c) Congressional Oversight.--The Congress, in determining 
future aid levels for the Philippines, will take into account 
not only our military bases agreement with that country, but 
also the extent to which the objectives and goals specified in 
subsections (a) and (b) have been implemented. The Congress may 
defer assistance for the Philippines under both chapter 2 of 
part II of the Foreign Assistance Act of 1961 and the Arms 
Export Control Act if--
          (1) significant progress is not achieved with respect 
        to the objectives and goals specified in subsections 
        (a) and (b), or
          (2) the Congress finds that such assistance is used 
        to violate the internationally recognized human rights 
        of the Filipino people.
    (d) \45\ * * * [Repealed--1986]
---------------------------------------------------------------------------
    \45\ Sec. 556 of the Foreign Assistance and Related Programs 
Appropriations Act (in sec. 101(f) of Public Law 99-591; 100 Stat. 
334), repealed sec. (d). It formerly read as follows:
    ``(d) Amounts of Assistance.--Of the amounts authorized to be 
appropriated for each of the fiscal years 1986 and 1987--
---------------------------------------------------------------------------

  ``(1) to carry out the Arms Export Control Act (relating to foreign 
military sales financing), not more than $20,000,000 may be used for 
assistance for the Philippines;

  ``(2) to carry out chapter 2 of part II of the Foreign Assistance Act of 
1981 (relating to grant military assistance), not more than $50,000,000 may 
be used for assistance for the Philippines; and

  ``(3) to carry out chapter 4 of part II of the Foreign Assistance Act of 
1981 (relating to the economic support fund), $110,000,000 shall be 
available only for the Philippines.''.

    (e) Nonlethal Assistance.--Assistance provided for the 
Philippines for fiscal year 1986 under the Arms Export Control 
Act or under chapter 2, of part II of the Foreign Assistance 
Act of 1961 shall be nonlethal in character.
          * * * * * * *

SEC. 903. DISADVANTAGED CHILDREN IN ASIA.

    (a) * * *
    (b) Additional Steps To Help Amerasian Children.--The 
Congress finds that Amerasian children are currently the object 
of discrimination in the countries in Asia where they now 
reside. Therefore, the President shall report to the Congress 
on the quality of life of these children and on what additional 
steps, such as facilitating adoptions, the United States could 
take to enhance the lives of these children.

SEC. 904.\46\ ASSISTANCE FOR AFGHANISTAN.

    (a) Authorization.--The President may make available funds 
authorized to be appropriated to carry out chapter 4 of part II 
of the Foreign Assistance Act of 1961 (relating to the economic 
support fund) for the provision of food, medicine, or other 
humanitarian assistance to the Afghan people, notwithstanding 
any other provision of law.
---------------------------------------------------------------------------
    \46\ 22 U.S.C. 2374 note.
---------------------------------------------------------------------------
    (b) \47\ Earmarking of Funds.--Each fiscal year, not less 
than $15,000,000 of the aggregate amount of funds available to 
carry out chapter 4 of part II of the Foreign Assistance Act of 
1961 shall be available only for humanitarian assistance to the 
Afghan people pursuant to subsection (a) of this section.
---------------------------------------------------------------------------
    \47\ Sec. 541 of the Foreign Assistance and Related Programs 
Appropriations Act, 1987 (sec. 101(f) of Public Law 99-591; 100 Stat. 
3341-236), provided:
    ``Not less than $300,000,000 of the aggregate amount of funds 
appropriated by this Act to carry out the provisions of chapter 1 of 
part I of the Foreign Assistance Act of 1961 and chapter 4 of part II 
of that Act, shall be available for the provision of food, medicine, or 
other humanitarian assistance to the Afghan people, notwithstanding any 
other provision of law.''.
---------------------------------------------------------------------------
    (c) Effective Dates.--This section shall take effect on the 
date of enactment of this Act, except that subsection (b) shall 
not apply to fiscal year 1985.

SEC. 905. ASSISTANCE FOR THE CAMBODIAN PEOPLE.

    The President may make available to the noncommunist 
resistance forces in Cambodia up to $5,000,000 for fiscal year 
1986, and up to $5,000,000 for fiscal year 1987, of the funds 
authorized to be appropriated to carry out chapter 2 (relating 
to grant military assistance) or chapter 4 (relating to the 
economic support fund) of part II of the Foreign Assistance Act 
of 1961, notwithstanding any other provision of law.

SEC. 906. PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE.

    (a) Prohibition.--Notwithstanding any other provision of 
law, none of the funds authorized to be appropriated by this 
Act or any other Act may be obligated or expended for the 
purpose or with the effect of promoting, sustaining, or 
augmenting, directly or indirectly, the capacity of the Khmer 
Rouge or any of its members to conduct military of paramilitary 
operations in Cambodia or elsewhere in Indochina.
    (b) Deobligation of Certain Funds.--All funds appropriated 
before the date of enactment of this section which were 
obligated but not expended for activities having the purpose or 
effect described in subsection (a) shall be deobligated and 
shall be deposited in the Treasury of the United States as 
miscellaneous receipts.
    (c) Exception for Humanitarian Assistance.--This section 
shall not be construed as limiting the provision of food, 
medicine, or other humanitarian assistance to the Cambodian 
people.

SEC. 907. POLITICAL SETTLEMENT IN SRI LANKA.

    (a) Findings.--The Congress finds that--
          (1) the Government and people of Sri Lanka and the 
        Government and people of the United States share a 
        common devotion to independence, democracy, and human 
        rights;
          (2) the United States is concerned over the armed 
        clashes between the security forces of the Government 
        of Sri Lanka and some Sri Lankans who seek through 
        violent means, including terrorist attacks, to divide 
        that nation;
          (3) there have been acts of terrorism committed 
        against members of the Sri Lankan security forces, as 
        well as against civilians, and there have been human 
        rights abuses by members of the security forces against 
        civilians, particularly Tamils, despite the efforts of 
        the Government, which the Congress believes must be 
        intensified, to put an end to those abuses;
          (4) the differences and grievances in Sri Lanka 
        cannot be resolved through the use of force; and
          (5) the United States is a proud participant through 
        its economic assistance programs in Sri Lanka's highly 
        regarded development efforts and looks forward to 
        enhanced cooperation and assistance in the context of a 
        political settlement in Sri Lanka leading to the kind 
        of peaceful climate in which additional aid could be 
        effectively utilized.
    (b) Political Settlement.--It is, therefore, the sense of 
the Congress that--
          (1) all parties in Sri Lanka, from all communities in 
        and out of government, should renew their efforts to 
        achieve a joint political settlement which meets the 
        legitimate concerns of all the people of Sri Lanka, 
        while preserving the territorial integrity of Sri 
        Lanka; and
          (2) all parties outside Sri Lanka should do nothing 
        which would impede progress toward such a settlement.

SEC. 908. UNITED STATES POLICY TOWARD THE REPUBLIC OF KOREA.

    (a) Findings.--The Congress finds that--
          (1) the Government of the Republic of Korea has taken 
        several significant and encouraging steps in 
        liberalizing the political system in that country;
          (2) among the steps which have facilitated a more 
        democratic environment are the release of hundreds of 
        student demonstrators, the lifting of a political ban 
        on more than 300 opposition leaders, and the holding of 
        a vigorously contested election for the National 
        Assembly in which the opposition made substantial 
        gains;
          (3) despite these steps, the people of the Republic 
        of Korea, who have become increasingly better educated 
        and prosperous as a result of Korea's extraordinarily 
        rapid economic development, have the desire and the 
        capability to participate more fully and effectively in 
        the government of their own country; and
          (4) while internationally recognized human rights are 
        clearly respected much more in the Republic of Korea 
        than in the Democratic People's Republic of Korea, 
        continued progress toward democratization in the south 
        is in the interests of both the Republic of Korea and 
        the United States, inasmuch as long-term political 
        stability cannot be assured in the absence of further 
        progress towards democratic government.
    (b) United States Policy.--It is the policy of the United 
States to provide assistance to the Republic of Korea in order 
to help that country defend itself against external aggression. 
It is the hope of the United States that the continuing close 
relations between our two countries, including such assistance, 
will encourage the establishment of a genuinely democratic 
system in the Republic of Korea, in which internationally 
recognized human rights, including freedom of the press, 
freedom of association, and freedom of assembly are observed.

               TITLE X--FOOD AND AGRICULTURAL ASSISTANCE

          * * * * * * *

SEC. 1008. LONG-TERM AGRICULTURAL COMMODITY AGREEMENTS WITH FOOD 
                    DEFICIT COUNTRIES.

    As part of the United States foreign assistance program, 
the President should explore the possibility of concluding 
long-term agricultural commodity agreements to help stabilize 
and increase the flow of concessional and commercial foodstuffs 
with food deficit countries. The President shall prepare and 
transmit to the Congress a report on his efforts to achieve 
such long-term agreements by June 1, 1986.

                         TITLE XI--PEACE CORPS

          * * * * * * *

SEC. 1103.\48\ LIMITATION ON LENGTH OF PEACE CORPS EMPLOYMENT. * * *
---------------------------------------------------------------------------

    \48\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-B.
---------------------------------------------------------------------------

SEC. 1104.\48\ PEACE CORPS NATIONAL ADVISORY COUNCIL.

          * * * * * * *

   TITLE XII--MISCELLANEOUS PROVISIONS RELATING TO FOREIGN ASSISTANCE

          * * * * * * *

SEC. 1205.\49\ REPORTS ON ECONOMIC CONDITIONS IN CERTAIN COUNTRIES.

    (a) External Debt Burden of Certain Countries Receiving 
United States Assistance.--The Congress finds that the 
Governments of Egypt, Israel, Turkey, and Portugal each have an 
enormous external debt burden which may be made more difficult 
by virtue of financing provided for those governments under 
various United States assistance programs.
---------------------------------------------------------------------------
    \49\ 22 U.S.C. 2346 note. Sec. 209(e)(1) of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of 
Public Law 106-113; 113 Stat. 1536), exempted the reports required 
pursuant to sec. 1205 from the application of sec. 3003(a)(1) of the 
Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 
31 U.S.C. 1113 note), as amended, which provided that ``each provision 
of law requiring the submittal to Congress (or any committee of the 
Congress) of any annual, semiannual, or other regular periodic report 
specified * * * shall cease to be effective, with respect to that 
requirement, May 15, 2000.''.
---------------------------------------------------------------------------
    (b) Annual Reports on Economic Conditions.--In order to 
assist the Congress in examining United States assistance for 
those countries, the President shall report to the Speaker of 
the House of Representatives and to the chairman of the 
Committee on Foreign Relations of the Senate, not later than 
January 15 of each year, regarding economic conditions 
prevailing in Egypt, Israel, Turkey, and Portugal which may 
affect their respective ability to meet their international 
debt obligations and to stabilize their economies.

SEC. 1206. EGYPTIAN-ISRAELI RELATIONS.

    The Congress notes the recent effort of Egypt to move the 
peace process forward. However, the Congress continues to be 
concerned about the less than normal relations between Egypt 
and Israel. It is the sense of the Congress that all United 
States foreign assistance to Egypt is provided in the 
expectation that the Egyptian Government will continue in its 
efforts to bring peace to the region and that it will continue 
to support and fulfill the provisions of the Camp David Accords 
and the Egyptian-Israeli Peace Treaty.
          * * * * * * *

SEC. 1210. REPORT ON UNITED STATES ASSISTANCE TO COAL EXPORTING 
                    NATIONS.

    Not later then 30 days after the date of enactment of this 
Act, the President shall submit to the appropriate committees 
of the Congress a report describing the status and terms of, 
and containing all other pertinent information relating to, any 
United States Government assistance which is provided to 
foreign nations that produce or export coal for the purpose of 
financing or assisting in the development of coal production, 
transportation, export, or other coal-related activities or 
operations.
          * * * * * * *

                  TITLE XIII--MISCELLANEOUS PROVISIONS

SEC. 1301.\50\ EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act shall 
take effect on October 1, 1985.
---------------------------------------------------------------------------
    \50\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

SEC. 1302.\51\ CODIFICATION OF POLICY PROHIBITING NEGOTIATIONS WITH THE 
                    PALESTINE LIBERATION ORGANIZATION

    (a) United States Policy.--The United States in 1975 
declared in a memorandum of agreement with Israel, and has 
reaffirmed since, that ``The United States will continue to 
adhere to its present policy with respect to the Palestine 
Liberation Organization, whereby it will not recognize or 
negotiate with the Palestine Liberation Organization so long as 
the Palestine Liberation Organization does not recognize 
Israel's right to exist and does not accept Security Council 
Resolutions 242 and 338.''.
---------------------------------------------------------------------------
    \51\ 22 U.S.C. 2151 note. Sec. 531 of the Foreign Assistance 
Appropriations Act, 1986 (Sec. 101(i) of Public Law 99-190; 99 Stat. 
1307), provided the following:
    ``In reaffirmation of the 1975 memorandum of agreement between the 
United States and Israel, and in accordance with section 1302 of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83), no employee of or individual acting on behalf of the United 
States Government shall recognize or negotiate with the Palestine 
Liberation Organization or representatives thereof, so long as the 
Palestine Liberation Organization does not recognize Israel's right to 
exist, does not accept Security Council Resolutions 242 and 338, and 
does not renounce the use of terrorism.''. Sec. 530 of the Foreign 
Assistance and Related Programs Appropriations Act, 1987 (sec. 101(f) 
of Public Law 99-591; 100 Stat. 3341-231) contained identical language.
    Sec. 527 of the Foreign Assistance and Related Agencies 
Appropriations Act 1987 (see. 101(f) of Public Law 99-591; 100 Stat. 
3341-230) provided:
    ``Notwithstanding any other provision of law or this Act, none of 
the funds provided for ``International organizations and programs'' 
shall be available for the United States proportionate share for any 
programs for the Palestine Liberation Organization, the Southwest 
African Peoples Organization, Libya, Iran, or, at the discretion of the 
President, Communist countries listed in section 620(f) of the Foreign 
Assistance Act of 1961, as amended.''.
---------------------------------------------------------------------------
    (b) Reaffirmation and Codification of Policy.--The United 
States hereby reaffirms that policy. In accordance with that 
policy, no officer or employee of the United States Government 
and no agent or other individual acting on behalf of the United 
States Government shall negotiate with the Palestine Liberation 
Organization or any representatives thereof (except in 
emergency or humanitarian situations) unless and until the 
Palestine Liberation Organization recognizes Israel's right to 
exist, accepts United Nations Security Council Resolutions 242 
and 338 and renounces the use of terrorism, except that no 
funds authorized to be appropriated by this or any other Act 
may be obligated or made available for the conduct of the 
current dialogue on the Middle East process with any 
representative of the Palestine Liberation Organization if the 
President knows and advises the Congress that the 
representative directly participated in the planning or 
execution of a particular terrorist activity which resulted in 
the death or kidnapping of a United States citizen.\52\
---------------------------------------------------------------------------
    \52\ Sec. 108 of the Foreign Relations Authorization Act, Fiscal 
Years 1990 and 1991 (Public Law 101-246; 104 Stat. 15; approved 
February 16, 1990), added text to this point from ``, except that no 
funds * * *''.
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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. The Science, State, Justice, Commerce, and 
Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 
Stat. 2328), provided the following:
---------------------------------------------------------------------------

``Commission for the Preservation of America's Heritage Abroad

``salaries and expenses
---------------------------------------------------------------------------

    ``For expenses for the Commission for the Preservation of America's 
Heritage Abroad, $499,000, as authorized by section 1303 of Public Law 
99-83.''.
---------------------------------------------------------------------------
    (b) Establishment.--There is established a commission to be 
known as the Commission for the Preservation of America's 
Heritage Abroad (hereafter in this section referred to as the 
``Commission'').
    (c) Duties.--The Commission shall--
          (1) identify and publish a list of those cemeteries, 
        monuments, and historic buildings located abroad which 
        are associated with the foreign heritage of United 
        States citizens from eastern and central Europe, 
        particularly those cemeteries, monuments, and buildings 
        which are in danger of deterioration or destruction;
          (2) encourage the preservation and protection of such 
        cemeteries, monuments, and historic buildings by 
        obtaining, in cooperation with the Department of State, 
        assurances from foreign governments that the 
        cemeteries, monuments, and buildings will be preserved 
        and protected; and
          (3) prepare and disseminate reports on the condition 
        of and the progress toward preserving and protecting 
        such cemeteries, monuments, and historic buildings.
    (d) Membership.--(1) The Commission shall consist of 21 
members appointed by the President, 7 of whom shall be 
appointed after consultation with the Speaker of the House of 
Representatives and 7 of whom shall be appointed after 
consultation with the President pro tempore of the Senate.
    (2)(A) Except as provided in subparagraphs (B) and (C), 
members of the Commission shall be appointed for terms of 3 
years.
    (B) Of the members first appointed after consultation with 
the Speaker of the House of Representatives, 5 shall be 
appointed for 2 years.
    (C) A member appointed to fill a vacancy on the Commission 
shall serve for the remainder of the term for which the 
member's predecessor was appointed.
    (D) A member may retain membership on the Commission until 
the member's successor has been appointed.
    (3) The President shall designate the Chairman of the 
Commission from among its members.
    (e) Meetings. The Commission shall meet at least once every 
six \54\ months.
---------------------------------------------------------------------------
    \54\ Sec. 620 of the Departments of Commerce, Justice, and State, 
the Judiciary and Related Agencies Appropriations Act, 1999 (division 
A, sec. 101(b) of Public Law 105-277; 112 Stat. 2681) struck out 
``three'' and inserted in lieu thereof ``six''.
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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'').
---------------------------------------------------------------------------
    \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).
u. International Security and Development Assistance Authorizations Act 
                                of 1983

  Partial text of Public Law 98-151 [H.J. Res. 413], 97 Stat. at 964, 
                       approved November 14, 1983

  A JOINT RESOLUTION Making further continuing appropriations for the 
                           fiscal year 1984.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable 
corporate or other revenues, receipts, and funds, for the 
several departments, agencies, corporations, and other 
organizational units of the Government for the fiscal year 
1984, and for other purposes, namely:
    Sec. 101. (a) * * *
    (b)(1) \1\ * * *
---------------------------------------------------------------------------
    \1\ Sec. 101(b)(1) is cited as the ``Foreign Assistance and Related 
Programs Appropriations Act, 1984.''
---------------------------------------------------------------------------
    (2) Section 101(b)(2) of this joint resolution may be cited 
as the ``International Security and Development Assistance 
Authorizations Act of 1983''.

                    AUTHORIZATIONS OF APPROPRIATIONS

    There is authorized to be appropriated to the President 
$1,315,000,000 for the fiscal year 1984 to carry out section 23 
of the Arms Export Control Act. The total principal amount of 
loans guaranteed under section 24(a) of the Arms Export Control 
Act shall not exceed $4,446,500,000 for the fiscal year 1984.
    There are authorized to be appropriated for the fiscal year 
1984 the following amounts to carry out the following 
provisions of the Foreign Assistance Act of 1961:
          (1) $725,213,000 to carry out section 103.
          (2) $244,600,000 to carry out section 104(b).
          (3) $133,400,000 to carry out section 104(c).
          (4) $121,477,000 to carry out section 105.
          (5) $160,000,000 to carry out section 106.
          (6) $103,000,000 to carry out section 121.
          (7) $30,000,000 to carry out section 214.
          (8) $266,214,000 to carry out chapter 3 of part I.
          (9) $47,000,000 to carry out section 481.
          (10) $25,000,000 to carry out section 491.
          (11) $3,074,000,000 to carry out chapter 4 of part 
        II.
          (12) $639,700,000 to carry out section 503.
          (13) $56,452,000 to carry out chapter 5 of part II.
          (14) $46,200,000 to carry out chapter 6 of part II.
          (15) $22,000,000 to carry out section 661.
          (16) $370,000,000 to carry out section 667.
    There is authorized to be appropriated to the President to 
carry out the African Development Foundation Act $3,000,000 for 
the fiscal year 1984.
    There is authorized to be appropriated to carry out the 
Peace Corps Act $116,000,000 of the fiscal year 1984.
    Section 10 of Public Law 91-672 and section 15(a) of the 
State Department Basic Authorities Act of 1956 shall not apply 
with respect to funds appropriated for ``Migration and Refugee 
Assistance'' or for the Inter-American Foundation by the joint 
resolution of October 1, 1983 (Public Law 98-107), as amended 
by this joint resolution.

                  ASSISTANCE FOR ISRAEL AND EGYPT \2\

          * * * * * * *

           CONDITIONS ON MILITARY ASSISTANCE FOR EL SALVADOR

    Not more than 70 percent of the amount available for the 
fiscal year 1984 for military assistance for El Salvador under 
chapters 2 and 5 of part II of the Foreign Assistance Act of 
1961 and under the Arms Export Control Act may be expended 
until--
---------------------------------------------------------------------------
    \2\ This para. amended sec. 31 of the Arms Export Control Act and 
sec. 532 of the Foreign Assistance Act of 1961, to provide 
authorization levels for Israel and Egypt for fiscal year 1984.
---------------------------------------------------------------------------
          (1) Salvadoran authorities have substantially 
        concluded all investigative actions in the case of the 
        National Guardsmen charged with murder in the deaths of 
        the four United States churchwomen in December 1980 
        that were set forth in communications from the 
        Department of State (including the letters dated July 8 
        and September 23, 1983); and
          (2) Salvadoran authorities have brought the accused 
        to trial and have obtained a verdict.
    Not more than 90 percent of the amount made available for 
the fiscal year 1984 for military assistance for El Salvador 
under chapters 2 and 5 of part II of the Foreign Assistance Act 
of 1961 and under the Arms Export Control Act may be expended 
until the President has determined and certified to the 
Congress that--
          (1) the Government of El Salvador has not taken any 
        action which would alter, suspend, or terminate the 
        land reform program for phase I or phase III 
        promulgated under Decree 154 (dated March 5, 1980) or 
        Decree 207 (dated April 28, 1980) in a manner 
        detrimental to the rights of the beneficiaries or the 
        potential beneficiaries under those decrees; and
          (2) the Government of El Salvador continues to make 
        documented progress on implementing the land reform 
        program.

                           MINORITY SET-ASIDE

    Except to the extent that the Administrator of the Agency 
for International Development determines otherwise, not less 
than 10 percent of the aggregate of the funds made available 
for the fiscal year 1984 to carry out chapter 1 of part I of 
the Foreign Assistance Act of 1961 shall be made available only 
for activities of economically and socially disadvantaged 
enterprises (within the meaning of section 133(c)(5) of the 
International Development and Food Assistance Act of 1977), 
historically Black colleges and universities, and private and 
voluntary organizations which are controlled by individuals who 
are Black Americans, Hispanic Americans, or Native Americans, 
or who are economically and socially disadvantaged (within the 
meaning of section 133(c)(5) (B) and (C) of the International 
Development and Food Assistance Act of 1977). For purposes of 
this section, economically and socially disadvantaged 
individuals shall be deemed to include women.

                        MINORITY RESOURCE CENTER

    None of the funds authorized to be appropriated for the 
fiscal year 1984 to carry out the Foreign Assistance Act of 
1961 may be used to eliminate the Minority Resource Center as a 
separate and distinct entity within the Agency for 
International Development, including implementation of a 
consolidation of the Minority Resource Center with the Office 
of Small and Disadvantaged Business Utilization under section 
133(c)(8) of the International Development and Food Assistance 
Act of 1977.

   PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING FOR 
                     ORDERLY EMIGRATION FROM HAITI

    It is the sense of the Congress that for the fiscal year 
1984 up to $24,000,000 of the funds available to carry out 
chapter 1 of part I of the Foreign Assistance Act of 1961, and 
up to $10,000,000 of the funds available to carry out chapter 4 
of part II of such Act, should be made available for 
development assistance for Haiti, subject to the limitation 
contained in the third paragraph of this heading.
    To the maximum extent practicable, assistance for Haiti 
under chapter 1 of part I and under chapter 4 of part II of the 
Foreign Assistance Act of 1961 should be provided through 
private and voluntary organizations.
    Funds available for fiscal year 1984 to carry out chapter 1 
of part I or chapter 2, 4, or 5 of part II of the Foreign 
Assistance Act of 1961 may be obligated for Haiti, and credits 
may be extended and guarantees may be issued under the Arms 
Export Control Act for Haiti, only if the President determines 
that the Government of Haiti--
          (1) is continuing to cooperate with the United States 
        in halting illegal emigration to the United States from 
        Haiti;
          (2) is cooperating fully in implementing United 
        States development, food, and other economic assistance 
        programs in Haiti (including programs for prior fiscal 
        years); and
          (3) is making a concerted and significant effort to 
        improve the human rights situation in Haiti by 
        implementing the political reforms which are essential 
        to the development of democracy in Haiti, including the 
        establishment of political parties, free elections, and 
        freedom of the press.
    Six months after the date of enactment of this section, the 
President shall report to the Congress on the extent to which 
the actions of the Government of Haiti are consistent with each 
numbered provision contained in the third paragraph of this 
heading.
    Notwithstanding the limitations of section 660 of the 
Foreign Assistance Act of 1961, funds made available under such 
Act for the fiscal year 1984 may be used for programs with 
Haiti, which shall be consistent with prevailing United States 
refugee policies, to assist in halting significant illegal 
emigration from Haiti to the United States.

                     PRIVATE SECTOR REVOLVING FUND

    The amendment contained in section 407 of H.R. 2992, as 
reported by the Committee on Foreign Affairs of the House of 
Representatives on May 17, 1983, is hereby enacted.\3\
---------------------------------------------------------------------------
    \3\ This amendment added a new sec. 108 to the Foreign Assistance 
Act of 1961.
---------------------------------------------------------------------------

                    ANTITERRORISM ASSISTANCE PROGRAM

    The amendments contained in title II of H.R. 2992, as 
reported by the Committee on Foreign Affairs of the House of 
Representatives on May 17, 1983, are hereby enacted,\4\ except 
that, for purposes of such enactment, section 575 of the 
Foreign Assistance Act of 1961 shall read as follows:
---------------------------------------------------------------------------
    \4\ These amendments added a new chapter 8 to part II of the 
Foreign Assistance Act of 1961.
---------------------------------------------------------------------------
    ``Sec. 575. Appropriations.--There is authorized to be 
appropriated to the President to carry out this chapter 
$5,000,000 for the fiscal year 1984. Amounts appropriated under 
this section are authorized to remain available until 
expended.''.
          * * * * * * *
   v. International Security and Development Cooperation Act of 1981

 Partial text of Public Law 97-113 [S. 1196], 95 Stat. 1519, approved 
December 29, 1981; as amended by Public Law 97-233 [H.J. Res. 494], 96 
 Stat. 260, approved August 10, 1982; Public Law 98-53 [Conditions on 
 Aid to El Salvador, H.R. 1271], 97 Stat. 287, approved July 15, 1983; 
 Public Law 99-83 [International Security and Development Cooperation 
  Act of 1985, S. 960], 99 Stat. 190 at 247, approved August 8, 1985; 
 Public Law 101-162 [Departments of Commerce, Justice, and State, the 
 Judiciary, and Related Agencies Appropriations Act, 1990; H.R. 2991], 
103 Stat. 1030, approved November 21, 1989; Public Law 101-513 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
  1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990; and by 
    Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, 
                       approved December 17, 1993


          Note.--Except for the provisions noted below, the 
        International Security and Development Cooperation Act 
        of 1981 consists of amendments to the Foreign 
        Assistance Act of 1961, the Arms Export Control Act, 
        the Peace Corps Act, Public Law 480, and to several 
        former foreign aid annual authorization acts. These 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations.



 AN ACT To authorize appropriations for the fiscal years 1982 and 1983 
for international security and development assistance and for the Peace 
 Corps, to establish the Peace Corps as an autonomous agency, and for 
                            other purposes.

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

                              SHORT TITLE

    Section 1. This Act may be cited as the ``International 
Security and Development Cooperation Act of 1981''.

              TITLE I--MILITARY SALES AND RELATED PROGRAMS

          * * * * * * *

                    SPECIAL DEFENSE ACQUISITION FUND

    Sec. 108. (a) \1\ * * *
---------------------------------------------------------------------------
    \1\ Sec. 108(a) amended the Arms Export Control Act by adding a new 
chapter 5 concerning the Special Defense Acquisition Fund.
---------------------------------------------------------------------------
    (b) Section 138 of title 10, United States Code, is amended 
by adding immediately following subsection (f) the following 
new subsection:
    ``(g) The size of the Special Defense Acquisition Fund 
established pursuant to chapter 5 of the Arms Export Control 
Act may not exceed $300,000,000 in fiscal year 1982, may not 
exceed $600,000,000 in fiscal year 1983, and may not exceed 
$900,000,000 in fiscal year 1984 or any fiscal year 
thereafter.''.\2\
---------------------------------------------------------------------------
    \2\ Sec. 1103 of the Department of Defense Authorization Act, 1983 
(Public Law 97-252; 96 Stat. 738), amended subsec. (g) by inserting the 
ceiling figure for fiscal year 1984.
---------------------------------------------------------------------------
          * * * * * * *

                    TITLE II--ECONOMIC SUPPORT FUND

          * * * * * * *

  ACQUISITION OF AGRICULTURAL COMMODITIES AND RELATED PRODUCTS UNDER 
                       COMMODITY IMPORT PROGRAMS

    Sec. 203.\3\ The Congress directs the President to allocate 
at least 15 percent of the funds which are made available each 
fiscal year under this title for commodity import programs for 
use in financing the purchase of agricultural commodities and 
agricultural related products which are of United States-
origin.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2346 note.
---------------------------------------------------------------------------

                   TITLE III--DEVELOPMENT ASSISTANCE

             AGRICULTURE, RURAL DEVELOPMENT, AND NUTRITION

    Sec. 301. (a) * * *
    (b)(1) It is the sense of the Congress that the United 
States should strongly support the efforts of developing 
countries to improve infant feeding practices, in particular 
through the promotion of breast feeding. As a demonstration of 
that support, the President is authorized to use up to 
$5,000,000 of the funds made available for the fiscal year 1982 
to carry out the purposes of sections 103 and 104(c) of the 
Foreign Assistance Act of 1961 in order to assist developing 
countries establish or improve programs to encourage improved 
infant feeding practices. In carrying out this paragraph, the 
Agency for International Development should provide funds for 
necessary research to obtain better information on the precise 
nature and magnitude of problems relating to infant feeding 
practices, including the use of infant formula, in developing 
countries.
    (2) The President shall, as part of the congressional 
presentation documentation for the fiscal years 1983 and 1984, 
include information relevant to the implementation of this 
subsection, including--
          (A) a description of actions taken by the Agency for 
        International Development to promote breast feeding and 
        to improve supplemental infant feeding practices in 
        developing countries through funds made available in 
        this subsection and through its regular programs in the 
        fields of health, nutrition, and population activities;
          (B) a summary of the results of studies authorized by 
        this subsection on the nature and magnitude of problems 
        in developing countries related to infant feeding 
        practices; and
          (C) a summary of reports by member countries of the 
        World Health Organization on their actions to implement 
        the International Code of Marketing of Breast Milk 
        Substitutes.
          * * * * * * *

                   TITLE IV--FOOD FOR PEACE PROGRAMS

          * * * * * * *

SELF-HELP MEASURES TO INCREASE AGRICULTURAL PRODUCTION; VERIFICATION OF 
                          SELF-HELP PROVISIONS

    Sec. 403. (a) * * *
    (b) * * *
    (c) \4\ The amendments made by this section shall not be 
effective if the Agriculture and Food Act of 1981 is enacted 
(either before or after the enactment of this Act) and contains 
the same amendments.
---------------------------------------------------------------------------
    \4\ Subsecs. (a) and (b) of sec. 403 contained amendments to Public 
Law 83-480. The Agriculture and Food Act of 1981, referred to in 
subsec. (c) was enacted on December 22, 1981 (Public Law 97-98; 95 
Stat. 1213), and contained the same amendments as sec. 403. The 
amendments made by subsecs. (a) and (b), therefore, did not come into 
force.
---------------------------------------------------------------------------
          * * * * * * *

                   TITLE V--OTHER ASSISTANCE PROGRAMS

          * * * * * * *

                    INTERNATIONAL NARCOTICS CONTROL

    Sec. 502. (a)(1) \5\ * * *
---------------------------------------------------------------------------
    \5\ Para. (1) amended sec. 481(d) of the FA Act of 1961.
---------------------------------------------------------------------------
    (2) \6\ Assistance provided from funds appropriated, before 
the enactment of this Act, to carry out section 481 of the 
Foreign Assistance Act of 1961 may be made available for 
purposes prohibited by subsection (d) of such section as in 
effect immediately before the enactment of this subsection.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
    (3) \6\ Funds appropriated for the fiscal year 1980 to 
carry out section 481 of the Foreign Assistance Act of 1961 
which were obligated for assistance for the Republic of 
Colombia may be used for purposes other than those set forth in 
section 482(a)(2) of that Act as in effect immediately before 
the enactment of the International Security and Development 
Cooperation Act of 1980.
    (4) \6\ Paragraphs (2) and (3) of this subsection shall 
apply only to the extent provided in advance in an 
appropriations Act. For such purpose, the funds described in 
those paragraphs are authorized to be made available for the 
purposes specified in those paragraphs.
          * * * * * * *

                         TITLE VI--PEACE CORPS

                 ESTABLISHMENT AS AN INDEPENDENT AGENCY

    Sec. 601. (a) \7\ * * *
---------------------------------------------------------------------------
    \7\ Sec. 601(a) amended the Peace Corps Act by adding a new sec. 2A 
providing for the Peace Corps as an independent agency. For text, see 
Legislation on Foreign Relations Through 2005, vol. I-B.
---------------------------------------------------------------------------
    (b) \8\ * * *
---------------------------------------------------------------------------
    \8\ For text of freestanding provisions of sec. 601, see 
Legislation on Foreign Relations Through 2005, vol. I-B.
---------------------------------------------------------------------------
          * * * * * * *

 RESTORATION OF CERTAIN AUTHORITIES FORMERLY CONTAINED IN THE FOREIGN 
                              SERVICE ACT

    Sec. 604. (a) \9\ * * *
---------------------------------------------------------------------------
    \9\ Sec. 604(a) amended sec. 10 of the Peace Corps Act by adding 
new subsecs. (i) and (j). For text, see Legislation on Foreign 
Relations Through 2005, 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 2005, vol. I-B.
---------------------------------------------------------------------------
    (c) \11\ * * *
---------------------------------------------------------------------------
    \11\ For text of sec. 604(c), see Legislation on Foreign Relations 
Through 2005, vol. I-B.
---------------------------------------------------------------------------
          * * * * * * *

                  TITLE VII--MISCELLANEOUS PROVISIONS

          * * * * * * *

                           INSPECTOR GENERAL

    Sec. 705.\12\ * * *
---------------------------------------------------------------------------
    \12\ Sec. 705 amended sec. 2 and 11 of and added a new sec. 8A to 
the Inspector General Act of 1978 (Public Law 95-452; 99 Stat. 1101). 
Sec. 705 also amended the FA Act of 1961 to conform with the new sec. 
8A.
---------------------------------------------------------------------------
          * * * * * * *

          EMERGENCY HUMANITARIAN HELP FOR THE PEOPLE OF POLAND

    Sec. 708. (a) The people of Poland, with whom the people of 
the United States have a longstanding friendship, now face 
serious domestic food shortages which will be worsened by 
large-scale loss of their livestock this winter if feed 
supplies do not arrive quickly. Therefore, the President is 
urged, for urgent humanitarian reasons, to use existing 
authorities promptly in order to provide to the people of 
Poland, under as favorable terms as possible, feed grains from 
Commodity Credit Corporation stocks or other appropriate 
commodities.
    (b) For the longer term, the President is encouraged to 
pursue discussions with other Western countries about a 
multilateral effort to help the people of Poland achieve self-
sustaining economic recovery in the years ahead.
    (c) \13\ * * *
---------------------------------------------------------------------------
    \13\ Subsec. (c) amended the Foreign Assistance Act of 1961 by 
adding a new sec. 540 providing $5,000,000 for Poland during fiscal 
year 1982.
---------------------------------------------------------------------------

                    USE OF CERTAIN POLISH CURRENCIES

    Sec. 709. (a) Notwithstanding section 1415 of the 
Supplemental Appropriation Act, 1953, section 508 of the 
General Government Matters, Department of Commerce, and Related 
Agencies Appropriation Act, 1962, or any other provision of 
law, the currencies or credits received by the United States 
from the April 1981 sale and from the October 1981 sale of 
United States Government-held surplus dairy products to Poland 
shall, to such extent as may be provided in advance in an 
appropriation Act, be used by the President in Poland to serve 
United States interests, including use for activities of common 
benefit to the people of the United States and the people of 
Poland, such as joint programs in energy, agriculture, 
education, science, health, and culture, or for humanitarian 
activities.
    (b) Notwithstanding any other provision of law, the 
availability or expenditure of such foreign currencies or 
credits shall not affect or reduce appropriations otherwise 
available for the purposes described in subsection (a).

                   FINDINGS REGARDING GLOBAL SECURITY

    Sec. 710. (a) The Congress finds that the security of the 
United States and other countries is increasingly affected by a 
broad range of global problems including shortages or potential 
shortages of food, oil, water, wood, and other basic mineral 
and natural resources; desperate poverty; sickness; population 
pressures; environmental deterioration, including soil erosion 
and water pollution; and large-scale and destabilizing refugee 
problems.
    (b) The Congress finds that hunger, disease, and extreme 
poverty are among the most critical of these global problems. 
As ever greater numbers of people perceive the disparity 
between their own continuing deprivation and the prosperity of 
others, and judge their predicament to be neither just nor 
inevitable, it becomes increasingly likely that there will be 
unrest and violence with consequent disruption of the flow of 
essential materials, adverse effects on the world economy, 
decreased likelihood of cooperative efforts toward meeting the 
other critical problems threatening national and global 
security, and increased likelihood of confrontation between 
nations which possess nuclear arms.
    (c) Therefore, the Congress finds that the Nation's 
understanding of global and national security must be broad 
enough to include the problems cited in this section, and that 
adequate protection of the security of the United States 
requires effective action on these global problems, and in 
particular on the problems of hunger, disease, and extreme 
poverty.

                      WORLD FOOD SECURITY RESERVES

    Sec. 711. (a) The Congress finds that--
          (1) the Congress recently passed and the President 
        signed into law an Act which provides for establishment 
        of a United States food security reserve of up to four 
        million metric tons of wheat to be used for emergency 
        food assistance;
          (2) the food import needs of developing countries 
        will increase over the next ten years; and
          (3) other grain exporting countries could take 
        additional steps to assure continuity of food 
        assistance during food crisis years.
    (b) The President shall encourage other grain exporting 
countries to establish their own food security reserves or take 
other measures that complement the United States food security 
reserve.
    (c) The President shall report to the Speaker of the House 
of Representatives and the Committee on Foreign Relations of 
the Senate within one year after the enactment of this Act on 
the actions he has taken and the response of other countries to 
these proposals.

       FINDINGS AND DECLARATION OF POLICY REGARDING WORLD HUNGER

    Sec. 712. The Congress, affirming the value of human life, 
finds and declares that the elimination of hunger and its 
causes is of fundamental moral significance and, further, that 
it is in the political, economic, and security interests of the 
United States. Therefore, the Congress declares that the 
elimination of hunger and its causes shall be a primary 
objective of United States relations with the developing 
countries.

          REAFFIRMATION OF SUPPORT FOR HUMAN RIGHTS PROVISIONS

    Sec. 713. (a) The Congress reaffirms its support for the 
various statutory provisions which have been enacted in order 
to promote internationally recognized human rights.
    (b) It is the sense of the Congress that a strong 
commitment to the defense of human rights should continue to be 
a central feature of United States foreign policy.

                       IMMIGRANT VISAS FOR TAIWAN

    Sec. 714.\14\ The approval referred to in the first 
sentence of section 202(b) of the Immigration and Nationality 
Act shall be considered to have been granted with respect to 
Taiwan (China).
---------------------------------------------------------------------------
    \14\ 8 U.S.C. 1152 note.
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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\
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    \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.
---------------------------------------------------------------------------
    \18\ Sec. 701(3) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2317) struck out ``a diplomatic initiative to obtain payment by 
the Government of the Union of Soviet Socialist Republics of all its 
outstanding financial obligations to the United Nations, including 
its'' and inserted in lieu thereof ``appropriate diplomatic initiatives 
to ensure that members of the United Nations make payments of all their 
outstanding financial obligations to the United Nations, including 
their''.
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   CONDEMNATION OF LIBYA FOR ITS SUPPORT OF INTERNATIONAL TERRORIST 
                               MOVEMENTS

    Sec. 718. (a) The Congress condemns the Libyan Government 
for its support of international terrorist movements, its 
efforts to obstruct positive movement toward the peaceful 
resolution of problems in the Middle East region, and its 
actions to destabilize and control governments of neighboring 
states in Africa.
    (b) The Congress believes that the President should conduct 
an immediate review of concrete steps the United States could 
take, individually and in concert with its allies, to bring 
economic and political pressure on Libya to cease such 
activities, and should submit a report on that review to the 
Congress within one hundred and eighty days after the date of 
enactment of this Act. Such a review should include the 
possibility of tariffs on or prohibitions against the import of 
crude oil from Libya.

UNITED STATES CITIZENS ACTING IN THE SERVICE OF INTERNATIONAL TERRORISM

    Sec. 719. (a) It is the sense of the Congress that the 
spread of international terrorism poses a grave and growing 
danger for world peace and for the national security of the 
United States. As a part of its vigorous opposition to the 
activities of international terrorist leaders and the increase 
of international terrorism, the United States should take all 
steps necessary to ensure that no United States citizen is 
acting in the service of terrorism or of the proponents of 
terrorism.
    (b) Not later than six months after the enactment of this 
Act, the President shall submit to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate a report which includes--
          (1) a description of all legislation, currently in 
        force, and of all administrative remedies, presently 
        available, which can be employed to prevent the 
        involvement, service, or participation by United States 
        citizens in activities in support of international 
        terrorism or terrorist leaders;
          (2) an assessment of the adequacy of such legislation 
        and remedies, and of the enforcement resources 
        available to carry out such measures, to prevent the 
        involvement, service, or participation by United States 
        citizens in activities in support of international 
        terrorism or terrorist leaders; and
          (3) a description of available legislative and 
        administrative alternatives, together with an 
        assessment of their potential impact and effectiveness, 
        which could be enacted or employed to put an end to the 
        participation of United States citizens in activities 
        in support of international terrorism or terrorist 
        leaders.

                          NONALIGNED COUNTRIES

    Sec. 720. (a) In considering whether to provide assistance, 
make sales, extend credits, or guarantee loans under the 
provisions of the Foreign Assistance Act of 1961, as amended, 
or the Arms Export Control Act, to any country represented at 
the Meeting of Ministers of Foreign Affairs and Heads of 
Delegations of the Non-Aligned Countries to the 36th General 
Session of the General Assembly of the United Nations on 
September 25 and 28, 1981, the President shall take into 
account whether such country has dissociated itself from the 
communique issued following the meeting.
    (b) Within thirty days after the date of enactment of this 
section, the President shall submit a report to the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate on the countries which have dissociated 
themselves from the nonaligned countries communique and on 
their methods of dissociation.

   PROMOTING THE DEVELOPMENT OF THE HAITIAN PEOPLE AND PROVIDING FOR 
                     ORDERLY EMIGRATION FROM HAITI

    Sec. 721.\19\ (a)(1) It is the sense of the Congress that 
up to $15,000,000 of the funds available for the fiscal year 
1982 to carry out chapter 1 of part I of the Foreign Assistance 
Act of 1961 should be made available for development assistance 
for Haiti, subject to the limitation in subsection (b) of this 
section.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    (2) To the maximum extent practicable, assistance for Haiti 
for the fiscal year 1982 under chapter 1 of part I of the 
Foreign Assistance Act of 1961 should be provided through 
private and voluntary organizations.
    (b) Funds available for the fiscal year 1982 to carry out 
chapter 1 of part I or chapter 2 or chapter 5 of part II of the 
Foreign Assistance Act of 1961 may be expended for Haiti, and 
credits and guarantees extended for the fiscal year 1982 under 
the Arms Export Control Act may be approved for use for Haiti, 
only if the President determines that the Government of Haiti--
          (1) is cooperating with the United States in halting 
        illegal emigration from Haiti:
          (2) is not aiding, abetting, or otherwise supporting 
        illegal emigration from Haiti;
          (3) has provided assurances that it will cooperate 
        fully in implementing United States development 
        assistance programs in Haiti (including programs for 
        prior fiscal years); and
          (4) is not engaged in a consistent pattern of gross 
        violations of internationally recognized human rights.
    (c) Six months after the date of enactment of this Act, the 
President shall prepare and transmit to the Congress a report 
on the extent to which the actions of the Government of Haiti 
are consistent with paragraphs (1), (2), (3), and (4) of 
subsection (b) of this section.
    (d) Notwithstanding the limitations of section 660 of the 
Foreign Assistance Act of 1961, funds made available under such 
Act for the fiscal year 1982 and for the fiscal year 1983 may 
be used for programs with Haiti to assist in halting 
significant illegal emigration from Haiti to the United States.

              COMPREHENSIVE ANALYSIS OF FOREIGN ASSISTANCE

    Sec. 722. (a) It is the sense of Congress that at a time 
when major retrenchments and reappraisals are being made in 
domestic programs, it is also logical that, while maintaining 
past international commitments, the magnitude and direction of 
future foreign assistance programs should also be reviewed. As 
part of such a review process, the President is requested to 
provide a comprehensive report to the Congress on his approach 
to foreign assistance. Such report shall include an analysis 
and recommendations on the following issues:
          (1) the relationship between foreign assistance and 
        defense expenditures as means of conducting foreign 
        policy;
          (2) the appropriate mix between military and economic 
        assistance;
          (3) the strengths and weaknesses, and appropriate 
        mix, of bilateral and multilateral assistance programs;
          (4) the relevance of the basic human needs approach 
        to current aid policy;
          (5) the performance of other aid donors, and the 
        benefits they derive from their programs;
          (6) criteria for determining the appropriate size and 
        composition of country programs;
          (7) the appropriateness of the current mix of grants 
        and loans, and the possibility of combining them with 
        new or existing guarantee, insurance, and export credit 
        programs;
          (8) specific means to more actively engage the 
        private sector in assistance programs; and
          (9) the usefulness of current functional categories 
        in constructing the development assistance budget.
    (b) The Congress requests that the President provide to the 
Congress a preliminary report by March 31, 1982, and a final 
report by June 30, 1982, with respect to the issues referred to 
in subsection (a).

           EXTERNAL DEBT BURDENS OF EGYPT, ISRAEL, AND TURKEY

    Sec. 723. The Congress finds that the Governments of Egypt, 
Israel, and Turkey each have an enormous external debt burden 
which may be made more difficult by virtue of financing 
provided for those governments under various United States 
assistance programs. In order to assist the Congress in 
examining United States assistance for these countries, the 
President shall report to the Speaker of the House of 
Representatives and to the chairman of the Committee on Foreign 
Relations of the Senate, not later than one hundred and twenty 
days after the date of enactment of this Act and not later than 
one year after the date of enactment of this Act, regarding 
economic conditions prevailing in Egypt, Israel, and Turkey 
which may affect their respective ability to meet their 
international debt obligations and to stabilize their 
economies. These reports shall also analyze the impact on 
Egypt's economy of Arab sanctions against Egypt.

                               NICARAGUA

    Sec. 724. (a) In furnishing assistance under this Act to 
the Government of Nicaragua, the President shall take into 
account the extent to which that Government has engaged in 
violations of internationally recognized human rights 
(including the right to organize and operate labor unions free 
from political oppression, the right to freedom of the press, 
and the right to freedom of religion) and shall encourage the 
Government of Nicaragua to respect those rights.
    (b) In furnishing assistance under this Act to the 
Government of Nicaragua, the President shall take into account 
the extent to which that Government has fulfilled its pledge of 
July 1979 to the member states of the Organization of American 
States--
          (1) to establish full respect for human rights in 
        Nicaragua in accordance with the United Nations 
        Universal Declaration of the Rights and Duties of Man 
        and the Charter on Human Rights of the Organization of 
        American States;
          (2) to allow the free movement in Nicaragua of the 
        Inter-American Commission on Human Rights; and
          (3) to establish the framework for free and 
        democratic elections so that the people of Nicaragua 
        may elect their representatives to city councils, to 
        constitutional assembly, and to Nicaragua's highest-
        ranking authorities, with such framework to include, 
        but not be limited to, the full and complete 
        opportunity for political activity of the Nicaraguan 
        people.
    (c) Assistance to the Government of Nicaragua under this 
Act shall be terminated if the President determines and reports 
to the Congress that the Government of Nicaragua cooperates 
with or harbors any international terrorist organization or is 
aiding, abetting, or supporting acts of violence or terrorism 
in other countries, or that Soviet, Cuban, or other foreign 
combat military forces are stationed or situated within the 
borders of Nicaragua and the presence of such forces 
constitutes a threat to the national security of the United 
States or to any Latin American ally of the United States.
    (d) Any agreement between the United States and the 
Government of Nicaragua regarding the use of funds appropriated 
to carry out this Act, which are to be made available in the 
form of loans, shall specifically require that to the maximum 
extent possible such loan funds, and any local currency 
generated in conjunction therewith, shall be used for 
assistance to the private sector. Local currency loan programs 
in Nicaragua shall be monitored and audited in accordance with 
section 624(g) of the Foreign Assistance Act of 1961.
    (e) For each six-month period in which any funds are 
expended under this Act for Nicaragua, the President shall 
submit to the Speaker of the House of Representatives, and the 
chairman of the Committee on Foreign Relations of the Senate, a 
report accounting fully and in itemized detail for the amounts 
obligated and actually expended in Nicaragua.
    Sec. 725.\20\ Assistance and Sales for Argentina. * * * 
[Repealed--1989]
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    \20\ Title V of Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 
101-162; 103 Stat. 1030) repealed sec. 725 (22 U.S.C. 2370 note). Sec. 
725 had (a) repealed sec. 620B of the Foreign Assistance Act of 1961, 
and (b) required the President to provide to Congress a detailed report 
certifying that (1) the Government of Argentina made significant 
progress in complying with internationally recognized principles of 
human rights; and (2) the provision of such assistance, credits, loan 
guarantees, defense articles, defense services, or export licenses was 
in the national interests of the United States, as a condition for 
those forms of assistance listed in para. (2).
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repeal of limitations on assistance, sales, and sales credits for chile

    Sec. 726. (a) Section 406 of the International Security 
Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2370 
note) is repealed.
    (b) \21\ Notwithstanding any other provision of law--
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    \21\ 22 U.S.C. 2370 note. Sec. 544(a) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1991 (Public 
Law 101-513; 104 Stat. 2019), continued for FY 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).
---------------------------------------------------------------------------

             REPORTING REQUIREMENT RELATING TO EL SALVADOR

    Sec. 729. (a) Not later than ninety days after the date of 
enactment of this section, the President shall prepare and 
transmit to the Speaker of the House of Representatives and to 
the chairman of the Committee on Foreign Relations of the 
Senate a report setting forth--
          (1) the viewpoints of all major parties to the 
        conflict in El Salvador and of the influential actors 
        in the Salvadoran political system regarding the 
        potential for and interest in negotiations, elections, 
        and a settlement of the conflict; and
          (2) the views of democratic Latin American nations, 
        Canada, the Organization of American States, and 
        European allies of the United States regarding a 
        negotiated settlement to such conflict.
    (b) It is the sense of the Congress that the President 
shall, as soon as possible, send a special envoy or use other 
appropriate means to consult with and gather information from 
appropriate representatives of the parties to the Salvadoran 
conflict, democratic governments of Latin America, Canada, and 
European allies of the United States regarding the attainment 
of a negotiated settlement in El Salvador.

                   RESTRICTIONS ON AID TO EL SALVADOR

    Sec. 730. None of the funds authorized to be appropriated 
by this Act may be made available for the provision of 
assistance to El Salvador for the purpose of planning for 
compensation, or for the purpose of compensation, for the 
confiscation, nationalization, acquisition, or expropriation of 
any agricultural or banking enterprise, or of the properties or 
stock shares which may be pertaining thereto.

                         EL SALVADORAN REFUGEES

    Sec. 731.\27\ It is the sense of the Congress that the 
administration should continue to review, on a case-by-case 
basis, petitions for extended voluntary departure made by 
citizens of El Salvador who claim that they are subject to 
persecution in their homeland, and should take full account of 
the civil strife in El Salvador in making decisions on such 
petitions.
---------------------------------------------------------------------------
    \27\ 8 U.S.C. 1157 note.
---------------------------------------------------------------------------
          * * * * * * *

                                REPEALS

    Sec. 734. (a) * * *
    (b) * * *
    (c) Except as otherwise explicitly provided by their terms, 
amendments to the Foreign Assistance Act of 1961 and the Arms 
Export Control Act which are applicable only to a single fiscal 
or calendar year or which require reports or other actions on a 
nonrecurring basis shall be deemed to have expired and shall be 
removed from law upon the expiration of the applicable time 
periods for the fulfillment of the required actions.

                      REPORT ON NUCLEAR ACTIVITIES

    Sec. 735. Beginning with the fiscal year 1983 and for each 
fiscal year thereafter, the President shall prepare and 
transmit to the Congress, as part of the presentation materials 
for foreign assistance programs proposed for the fiscal year, a 
classified report describing the nuclear programs and related 
activities of any country for which a waiver of section 669 or 
670 of the Foreign Assistance Act of 1961 is in effect, 
including an assessment of--
          (1) the extent and effectiveness of International 
        Atomic Energy Agency safeguards at that country's 
        nuclear facilities; and
          (2) the capability, actions, and intentions of the 
        government of that country with respect to the 
        manufacture or acquisition of a nuclear explosive 
        device.
           * * * * * * *

   PROHIBITIONS RELATING TO NUCLEAR TRANSFERS AND NUCLEAR DETONATIONS

    Sec. 737.\28\ (a) The Congress finds that any transfer of a 
nuclear explosive device to a non-nuclear-weapon state or, in 
the case of a non-nuclear-weapon state, any receipt or 
detonation of a nuclear explosive device would cause grave 
damage to bilateral relations between the United States and 
that country.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 2429a note.
---------------------------------------------------------------------------
    (b) * * *
    (c) * * *
   w. International Security and Development Cooperation Act of 1980

Partial text of Public Law 96-533 [H.R. 6942], 94 Stat. 3131, approved 
   December 16, 1980, as amended by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
   1519, approved December 29, 1981; Public Law 99-83 [International 
Security and Development Cooperation Act of 1985, S. 960], 99 Stat. 190 
     at 264, approved August 8, 1985; Public Law 100-461 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law 
  101-167 [Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990; H.R. 3743], 103 Stat. 1195, approved November 
    21, 1989; and by Public Law 106-113 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 2000; H.R. 3422, 
enacted by reference in sec. 1000(a)(2) of Consolidated Appropriations 
Act for Fiscal Year 2000; H.R. 3194], 113 Stat. 1501, approved November 
                                29, 1999


          Note.--Except for the provisions noted below, the 
        International Security and Development Cooperation Act 
        of 1980 consists of amendments to the Foreign 
        Assistance Act of 1961, the International Development 
        and Cooperation Act of 1979, the Arms Export Control 
        Act, the International Security Assistance and Arms 
        Export Control Act of 1976, the Export Administration 
        Act of 1979, the Department of State Authorization Act, 
        Fiscal Years 1980/1981, Public Law 480, the Peace Corps 
        Act, and the Domestic Volunteer Service Act. These 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations.



    AN ACT To authorize appropriations for the fiscal year 1980 for 
international security and development assistance, the Peace Corps, and 
              refugee assistance, and for other purposes.

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

                              SHORT TITLE

    Section 1. This Act may be cited as the ``International 
Security and Development Cooperation Act of 1980''.

      TITLE I--MILITARY AND RELATED ASSISTANCE AND SALES PROGRAMS

          * * * * * * *

       FOREIGN MILITARY SALES AUTHORIZATION AND AGGREGATE CEILING

    Sec. 106. (a) * * *
    (b) * * *
    (c) * * *
    (d) \1\ The principal amount of the loans guaranteed under 
section 24(a) of such Act for the fiscal year 1981 with respect 
to Egypt, the Sudan, Greece, and Turkey shall be repaid, and 
with respect to Somalia may be repaid, in not less than twenty 
years, following a grace period of ten years on repayment of 
principal.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2764.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 108.\2\ Export Controls on Certain Items on the 
Munitions List. * * * [Repealed--1981]
---------------------------------------------------------------------------
    \2\ Sec. 108, which had required two reports from the President on 
which defense articles and defense services, if any, should be removed 
from the U.S. Munitions List and whether sec. 620B of the Foreign 
Assistance Act of 1961 (blocking aid and arms sales to Argentina) 
should be amended, was repealed by sec. 734(a)(2) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). These reports were submitted to Congress by the President 
on May 12, 1981.
---------------------------------------------------------------------------
    Sec. 109.\3\ Leasing of Defense Property. * * * [Repealed--
1981]
---------------------------------------------------------------------------
    \3\ Sec. 109, which had required the President to report to 
Congress 30 days prior to leasing defense property to a foreign 
government for a period of more than 6 months, was repealed by sec. 
109(d)(1) of the International Security and Development Cooperation Act 
of 1981 (Public Law 97-113; 95 Stat. 1560). See chapter 6 of the Arms 
Export Control Act for current law concerning leases of defense 
articles.
---------------------------------------------------------------------------

           EXPORTATION OF URANIUM DEPLETED IN THE ISOTOPE 235

    Sec. 110.\4\ Upon a finding that an export of uranium 
depleted in the isotope 235 is incorporated in defense articles 
or commodities solely to take advantage of high density or 
pyrophoric characteristics unrelated to its radioactivity, such 
exports shall be exempt from the provisions of the Atomic 
Energy Act of 1954 and of the Nuclear Non-Proliferation Act of 
1978 when such exports are subject to the controls established 
under the Arms Export Control Act or the Export Administration 
Act of 1979.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2778a.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 118.\5\ Military or Paramilitary Operations in Angola. 
* * * [Repealed--1985]
---------------------------------------------------------------------------
    \5\ Sec. 118, titled ``Military or Paramilitary Operations in 
Angola'', was repealed by sec. 811 of the International Security and 
Development Cooperation Act of 1985 (Public Law 99-83; 99 Stat. 264). 
Subsec. (e) of the former section repealed an earlier law which placed 
limitations on certain assistance to, and activities in, Angola. Sec. 
118 formerly read as follows:
---------------------------------------------------------------------------

``military or paramilitary operations in angola
---------------------------------------------------------------------------

    ``Sec. 118.(a) Notwithstanding any other provision of law, no 
assistance of any kind may be provided for the purpose, or which would 
have the effect, of promoting or augmenting, directly or indirectly, 
the capacity of any nation, group, organization, movement, or 
individual to conduct military or paramilitary operations in Angola 
unless and until--
---------------------------------------------------------------------------

  ``(1) the President determines that such assistance should be furnished 
in the national security interests of the United States;

  ``(2) the President submits to the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign Relations of the 
Senate a report containing--

  ``(A) a description of the amounts and categories of assistance which he 
recommends be furnished and the identity of the proposed recipients of such 
assistance; and

  ``(B) a certification that he has determined that the furnishing of such 
assistance is important to the national security interests of the United 
States and a detailed statement of the reasons supporting such 
determination; and

  ``(3) the Congress enacts a joint resolution approving the furnishing of 
such assistance.
---------------------------------------------------------------------------

    ``(b) If introduced within 30 days after the submission of the 
report required by paragraph (2) of subsection (a), a resolution under 
paragraph (3) of subsection (a) shall be considered in the Senate in 
accordance with the provisions of section 601(b) of the International 
Security Assistance and Arms Export Control Act of 1976 and in the 
House of Representatives in accordance with the procedures applicable 
to the consideration of resolutions of disapproval under section 36(b) 
of the Arms Export Control Act.
    ``(c) The prohibition contained in subsection (a) does not apply 
with respect to assistance which is furnished solely for humanitarian 
purposes.
    ``(d) The provisions of this section may not be waived under any 
other provision of law.
    ``(e) Section 404 of the International Security Assistance and Arms 
Export Control Act of 1976 is repealed.''.
---------------------------------------------------------------------------

            PROHIBITION ON MILITARY ASSISTANCE TO NICARAGUA

    Sec. 119.\6\ None of the funds authorized to be 
appropriated by this title shall be made available for any aid 
or assistance to Nicaragua.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

                    TITLE II--ECONOMIC SUPPORT FUND

          * * * * * * *

               TITLE III--DEVELOPMENT ASSISTANCE PROGRAMS

          * * * * * * *

                  ASSISTANCE TO THE EASTERN CARIBBEAN

    Sec. 313. (a) The Congress urges the President to use up to 
$7,000,000 for the fiscal year 1981 for bilateral development 
assistance for the countries of the eastern Caribbean.
    (b) \7\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \7\ Subsec. (b), which had required a report from the President by 
February 1, 1981, regarding the implementation of this section, was 
repealed by sec. 734(a)(2) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
The President submitted this report on February 6, 1981.
---------------------------------------------------------------------------

                    ASSISTANCE FOR EQUATORIAL GUINEA

    Sec. 314. The President is urged to provide up to 
$3,000,000 of the funds authorized to be appropriated for the 
fiscal year 1981 by this title for assistance to Equatorial 
Guinea if he deems that conditions in that country warrant such 
assistance.

                       CARIBBEAN DEVELOPMENT BANK

    Sec. 315. Notwithstanding section 620(r) of the Foreign 
Assistance Act of 1961, the President may, after consultation 
with the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representatives, 
make arrangements at his discretion for the assumption by the 
recipient members of the Caribbean Development Bank of any 
loans made to the Bank under the authority of that Act.

                              WORLD HUNGER

    Sec. 316.\8\ (a) In order to further the purposes of 
section 103 of the Foreign Assistance Act of 1961, the Director 
of the United States International Development Cooperation 
Agency shall encourage the ongoing work of private and 
voluntary organizations to deal with world hunger problems 
abroad. To this end, the Director shall help facilitate 
widespread public discussion, analysis, and review of the 
issues raised by the Report of the Presidential Commission on 
World Hunger of March 1980, especially the issues raised by the 
Commission's call for increased public awareness of the 
political, economic, technical, and social factors relating to 
hunger and poverty.
---------------------------------------------------------------------------
    \8\ Sec. 539 of the Foreign Operations, Export Financing,and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2213), provided the following:
---------------------------------------------------------------------------

``prohibition on publicity or propaganda
---------------------------------------------------------------------------

    ``Sec. 539. 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 $25,000 may be made 
available to carry out the provisions of section 316 of Public Law 96-
533.''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
---------------------------------------------------------------------------
    (b) As a means of carrying out subsection (a), and to 
ensure the effectiveness of private and voluntary organizations 
in dealing with world hunger abroad, the Director is urged to 
provide assistance to private and voluntary organizations 
engaged in facilitating public discussion of hunger and other 
related issues.

                REDUCTION OF POSTHARVEST LOSSES OF FOOD

    Sec. 317.\9\ It is the sense of the Congress that--
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          (1) the President should reaffirm the policy of the 
        United States Government to support the goal 
        established by the United Nations General Assembly of 
        reducing by 50 percent postharvest losses of food in 
        developing countries; and
          (2) the President, acting through the Agency for 
        International Development, should increase 
        substantially the proportion of funds made available 
        under the Foreign Assistance Act of 1961 for the 
        purpose of assisting, together with other donor 
        countries and with developing countries, in the 
        reduction of postharvest losses of food in developing 
        countries.

                  TITLE IV--OTHER ASSISTANCE PROGRAMS

          * * * * * * *

                    INTERNATIONAL NARCOTICS CONTROL

    Sec. 402. (a) * * *
    (b) * * *
    (c) Notwithstanding the provisions of section 482(a)(2) of 
the Foreign Assistance Act of 1961 as in effect immediately 
prior to the enactment of this Act, funds appropriated for the 
fiscal year 1980 to carry out the purposes of section 481 of 
that Act which were obligated for assistance for Colombia may 
be used for fixed-wing aircraft, communications equipment, and 
such other equipment and operational support, including 
aviation services, as are essential to the Colombian anti-
narcotics enforcement program.
          * * * * * * *

                               EAST TIMOR

    Sec. 408. It is the sense of the Congress that the 
President should take all appropriate measures to--
          (1) continue to support and encourage relief 
        operations by the Government of Indonesia and by 
        international relief agencies in East Timor;
          (2) assist the Government of Indonesia to facilitate 
        the reuniting of families separated because of 
        developments in recent years in East Timor; and
          (3) encourage the Government of Indonesia to allow 
        access to East Timor by international journalists.

                TITLE V--AFRICAN DEVELOPMENT FOUNDATION

                              SHORT TITLE

    Sec. 501.\10\ This title may be cited as the ``African 
Development Foundation Act''.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 290h note.
---------------------------------------------------------------------------

                                FINDINGS

    Sec. 502.\11\ The Congress finds that--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 290h.
---------------------------------------------------------------------------
          (1) social and economic development ultimately 
        depends on the active participation of individuals 
        within a society and on the enhancement of 
        opportunities for those individuals;
          (2) \12\ the development of individuals and 
        institutions in African countries can benefit by the 
        provision of support for community-based self-help 
        activities;
---------------------------------------------------------------------------
    \12\ Sec. 586 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
authorized the President to abolish the Inter-American Foundation and 
made conforming amendments to legislation related to the Inter-American 
Foundation to reflect the abolishment. These amendments are to be 
effective and executed only after the Director of the Office of 
Management and Budget transmits to Congress a certification that 
responsibilities delegated to the Director, primarily that of 
administering and winding-up any outstanding obligations of the Inter-
American Foundation, have been fully discharged.
    That certification and subsequent administration have not yet been 
executed. Upon execution of these requirements, sec. 586(h)(1) of the 
Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 
1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will add ``and'' at 
the end of para. (2), replace a semicolon with a period at the end of 
para. (3), and strike out paras. (4) and (5).
---------------------------------------------------------------------------
          (3) by enacting title IX of chapter 2 of part I of 
        the Foreign Assistance Act of 1961, and recent 
        amendments to that Act, the Congress has sought to 
        enable the poor to participate in the process of 
        development;
          (4) \12\ the Inter-American Foundation, established 
        by Congress in the Foreign Assistance Act of 1969 to 
        support the efforts of the people of Latin America and 
        the Caribbean to solve their development problems, has 
        demonstrated a successful approach to development; and
          (5) \12\ an African Development Foundation similar in 
        structure to the Inter-American Foundation, but adapted 
        to the specific needs of Africa, can complement current 
        United States development programs in Africa.

                             ESTABLISHMENT

    Sec. 503.\13\ (a) There is established a body corporate to 
be known as the ``African Development Foundation'' (hereafter 
in this title referred to as the ``Foundation'').
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 290h-1.
---------------------------------------------------------------------------
    (b) The Foundation shall establish a principal office in 
the United States and may establish such branch offices in 
Africa as may be necessary to carry out its functions.

                                PURPOSES

    Sec. 504.\14\ (a) In order to enable the people of African 
countries to develop their potential, fulfill their 
aspirations, and enjoy better, more productive lives the 
purposes of the Foundation shall be--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 290h-2.
---------------------------------------------------------------------------
          (1) to strengthen the bonds of friendship and 
        understanding between the people of Africa and the 
        United States;
          (2) to support self-help activities at the local 
        level designed to enlarge opportunities for community 
        development;
          (3) to stimulate and assist effective and expanding 
        participation process; and
          (4) to encourage the establishment and growth of 
        development institutions which are indigenous to 
        particular countries in Africa and which can respond to 
        the requirements of the poor in those countries.
    (b) The Foundation shall carry out the purposes specified 
in subsection (a) in cooperation with, and response to, 
organizations indigenous to Africa which are representative of 
the needs and aspirations of the poor in Africa and, in 
carrying out such purposes, the Foundation shall, to the extent 
possible, coordinate its development assistance activities with 
the activities of the United States Government and private, 
regional, and international organizations.

                               FUNCTIONS

    Sec. 505.\15\ (a)(1) In order to carry out the purposes set 
forth in section 504, the Foundation may make grants, loans, 
and loan guarantees to any African private or public group 
(including public international organizations),\16\ 
association, or other entity engaged in peaceful activities 
for--
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 290h-3.
    \16\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1989 (Public Law 100-461; 102 
Stat. 2268-13) added the parenthetical text.
---------------------------------------------------------------------------
          (A) the fostering of local development institutions 
        and the support of development efforts initiated by 
        communities themselves;
          (B) the development of self-evaluation techniques by 
        participants in projects supported under this section, 
        for the purpose of transferring experience gained in 
        such projects to similar development activities;
          (C) development research by Africans and the transfer 
        of development resources, expertise, and knowledge 
        within Africa;
          (D) the procurement of such technical or other 
        assistance as is deemed appropriate by the recipient of 
        such grant, loan, or guarantee, to carry out the 
        purposes of this title; and
          (E) other projects that would carry out the purposes 
        set forth in section 504.
    (2) The total amount of grants, loans and loan guarantees 
that may be made under this section for a project may not 
exceed $250,000.
    (3) The Foundation may disseminate to the American public 
and to United States and multilateral development institutions 
insights gained from African development projects assisted 
under this title.
    (b) In making grants, loans, and loan guarantees under 
subsection (a), the Foundation shall give priority to projects 
which community groups undertake to foster their own 
development and in the initiation, design, implementation, and 
evaluation of which there is the maximum feasible participation 
of the poor. Where appropriate and in keeping with the purposes 
of this title, the Foundation may make such grants, loans, and 
loan guarantees to African entities which are representative 
and knowledgeable of, and sensitive to, the needs and 
aspirations of the poor and which would disburse funds acquired 
under such grants, loans, and loan guarantees to other African 
entities to carry out the purposes of this title.

                                 POWERS

    Sec. 506.\17\ (a) The Foundation, as a corporation--
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 290h-4.
---------------------------------------------------------------------------
          (1) shall have perpetual succession unless dissolved 
        by an Act of Congress;
          (2) may sue and be sued, complain, and defend, in its 
        corporate name in any court of competent jurisdiction;
          (3) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
          (4) may prescribe, amend, and repeal such rules and 
        regulations as may be necessary for carrying out the 
        functions of the Foundation;
          (5) may make and perform such contracts and other 
        agreements with any individual, corporation, or other 
        private or public entity however designated and 
        wherever situated, as may be necessary for carrying out 
        the functions of the Foundation;
          (6) may determine and prescribe the manner in which 
        its obligations shall be incurred and its expenses 
        allowed and paid, including expenses for representation 
        not exceeding $10,000 in any fiscal year;
          (7) may, as necessary for carrying out the functions 
        of the Foundation, employ and fix the compensation of 
        not to exceed the following number of persons at any 
        one time: 25 during the fiscal year 1981, 50 during the 
        fiscal year 1982, and 75 thereafter;
          (8) may lease, purchase, or otherwise acquire, own, 
        hold, improve, use, or otherwise deal in and with such 
        property (real, personal, or mixed) or any interest 
        therein, wherever situated, as may be necessary for 
        carrying out the functions of the Foundation;
          (9) may accept gifts or donations of services or of 
        property (real, personal, or mixed), tangible or 
        intangible, in furtherance of the purposes of this 
        title;
          (10) may use the United States mails in the same 
        manner and on the same conditions as the executive 
        departments of the Government;
          (11) may, with the consent of any agency of the 
        United States, use the information, services, 
        facilities, and personnel of that agency in carrying 
        out the purposes of this title; and
          (12) shall have such other powers as may be necessary 
        and incident to carrying out this title.
    (b) The Foundation shall be a nonprofit corporation and 
shall have no capital stock. No part of its revenue, earnings, 
or other income or property shall inure to the benefit of any 
of its directors, officers, or employees, and such revenue, 
earnings, or other income or property shall only be used from 
carrying out the purposes of this title. No director, officer, 
or employee of the corporation shall in any manner directly or 
indirectly participate in the deliberation upon or the 
determination of any question affecting his or her personal 
interests or the interests of any corporation, partnership, or 
organization in which he or she is directly or indirectly 
interested.
    (c) The Foundation, including its franchise and income, 
shall be exempt from taxation now or hereafter imposed by the 
United States, by any territory or possession of the United 
States, or by any State, county, municipality, or local taxing 
authority.
    (d) Upon termination of the corporate life of the 
Foundation its assets shall be liquidated and, unless otherwise 
provided by Congress, shall be transferred to the United States 
Treasury as the property of the United States.

                               MANAGEMENT

    Sec. 507.\18\ (a)(1) The management of the Foundation shall 
be vested in a board of directors (hereafter in this title 
referred to as the ``Board'') composed of seven members 
appointed by the President, by and with the advice and consent 
of the Senate. The President shall designate one member of the 
Board to serve as Chairperson of the Board and one member to 
serve as Vice Chairperson of the Board. Five members of the 
Board shall be appointed from private life. Two members of the 
Board shall be appointed from among officers and employees of 
agencies of the United States concerned with African affairs. 
All members of the Board shall be appointed on the basis of 
their understanding of and sensitivity to community level 
development processes. Members of the Board shall be appointed 
so that no more than four members of the Board are members of 
any one political party.\19\
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 290h-5.
    \19\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1209), added the last sentence to this section. Title II also 
provided that this amendment ``shall not affect an appointment made to 
the Board prior to the date of enactment of this Act'' [November 21, 
1989].
---------------------------------------------------------------------------
    (2) Members of the Board shall be appointed for terms of 
six years, except that of the members first appointed, as 
designated by the President at the time of their appointment, 
two shall be appointed for terms of two years and two shall be 
appointed for terms of four years. A member of the Board 
appointed to fill a vacancy occurring before the expiration of 
the term for which that member's predecessor was appointed 
shall be appointed only for the remainder of that term. Upon 
the expiration of his or her term a member shall continue to 
serve until a successor is appointed and shall have qualified.
    (b) Members of the Board shall serve without additional 
compensation, but may be reimbursed for actual and necessary 
expenses not exceeding $100 per day, and for transportation 
expenses, while engaged in their duties on behalf of the 
Foundation.
    (c) A majority of the Board shall constitute a quorum.
    (d)(1) The Board of Directors shall appoint a president of 
the Foundation on such terms as the Board may determine. The 
president of the Foundation shall receive compensation at a 
rate not to exceed that provided for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.\20\
---------------------------------------------------------------------------
    \20\ The rate of compensation at level IV of the Executive Schedule 
in 2006 is $143,000 per annum (Executive Order 13393; 70 F.R. 76655; 
December 22, 2005).
---------------------------------------------------------------------------
    (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.\21\ The Foundation shall be subject to title I of 
the Government Corporation Control Act.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 290h-6.
---------------------------------------------------------------------------

                    LIMITATION ON SPENDING AUTHORITY

    Sec. 509.\22\ 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.
---------------------------------------------------------------------------
    \22\ 22 U.S.C. 290h-7.
---------------------------------------------------------------------------

                    AUTHORIZATIONS OF APPROPRIATIONS

    Sec. 510.\23\ 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.
---------------------------------------------------------------------------
    \23\ 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 2006--no authorization.
    Congress did not enact an authorization for fiscal year 2006. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006 (Public Law 108-447), waived the requirements 
for authorization, and title II of that Act (119 Stat. 2184) 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, 
$23,000,000, to remain available until September 30, 2007: 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 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.''.
---------------------------------------------------------------------------
    Sec. 511.\24\ Expiration of Authorities * * * [Repealed--
1989]
---------------------------------------------------------------------------
    \24\ 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.\25\ Utilization of Returned Peace Corps 
Volunteers * * * [Repealed--1981]
---------------------------------------------------------------------------
    \25\ Sec. 603, which had required a report from the Director of the 
Peace Corps on a plan for more effective utilization of returned Peace 
Corps volunteers, was repealed by sec. 734(a)(2) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560). The Director submitted this report to Congress on January 
15, 1981.
---------------------------------------------------------------------------

                  TITLE VII--MISCELLANEOUS PROVISIONS

          * * * * * * *

        INTERAGENCY GROUP ON HUMAN RIGHTS AND FOREIGN ASSISTANCE

    Sec. 710. It is the sense of the Congress that--
          (1) the Interagency Group on Human Rights and Foreign 
        Assistance has been an effective mechanism for 
        coordinating and implementing United States human 
        rights policies;
          (2) the President should consider establishing the 
        Interagency Group on a more permanent basis;
          (3) the Interagency Group should examine proposals 
        for not only economic assistance but also for security 
        assistance; and
          (4) the President should report his recommendations 
        for strengthening the Interagency Group to the Congress 
        no later than July 1, 1981.

                        PEACE IN THE MIDDLE EAST

    Sec. 711.\26\ (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.
---------------------------------------------------------------------------
    \26\ 22 U.S.C. 3401 note.
---------------------------------------------------------------------------
    (b) It is further the sense of the Congress that to further 
these goals (1) all parties to the conflict should accept 
Israel's unequivocal right to exist within secure and 
recognized borders; (2) the Governments of Israel and Egypt 
should maintain and strengthen their commitment to the process 
of normalization of relations and continue actions to support 
that commitment; (3) the Governments of Israel and Egypt should 
reaffirm their commitment to United Nations Resolution 242 and 
its applicability, in all its aspects, to territories under 
negotiations; and (4) the governments of countries in the 
Middle East should assure that their policies and actions are 
consistent with the objectives of achieving peace and of 
involving other parties in the peace process.

                         ASSISTANCE FOR JORDAN

    Sec. 712. It is the sense of the Congress that for Jordan 
to receive any funds authorized to be appropriated by this Act, 
it should be judged by the President that Jordan is acting in 
good faith to achieve peace in the Middle East and that the 
expenditure of such funds for Jordan will serve to further 
peace in the Middle East.
    Sec. 713.\27\ External Debt Burdens of Egypt, Israel, 
Portugal, and Turkey * * * [Repealed--1981]
---------------------------------------------------------------------------
    \27\ Sec. 713, which had required a report from the President 
regarding the economic conditions prevailing in Egypt, Israel, 
Portugal, and Turkey which may affect their respective ability to meet 
their international debt obligations and to stabilize their economies, 
was repealed by sec. 734(a)(2) of the International Security and 
Development Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 
The President submitted this report to Congress on January 19, 1981. A 
similar report concerning Egypt, Israel, and Turkey is required by sec. 
723 of Public Law 97-113.
---------------------------------------------------------------------------
    Sec. 714.\28\ Soviet Military Personnel and Activities in 
Cuba * * * [Repealed--1981]
---------------------------------------------------------------------------
    \28\ Sec. 714, which had required quarterly and annual reports to 
Congress regarding the military capabilities and deployment of Soviet 
military personnel in Cuba and Soviet military assistance to the armed 
forces of Cuba, was repealed by sec. 734(a)(2) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560).
---------------------------------------------------------------------------

                             CUBAN REFUGEES

    Sec. 715. (a) The Congress finds that--
          (1) the flow of refugees for political, economic, or 
        other compelling reasons is a growing and world-wide 
        phenomenon;
          (2) the United States represents freedom of thought 
        and action and economic opportunity and has 
        historically played a major role in providing a home to 
        the refugees of the world;
          (3) an orderly and lawful refugee process is 
        necessary for the furtherance of United States domestic 
        well-being;
          (4) continuation of the traditional compassionate and 
        humanitarian policy of the United States regarding 
        entry to its shores of refugees and other victims of 
        oppression is threatened by the precipitate influx of 
        large numbers of Cubans fleeing their country;
          (5) the United States has sought to negotiate with 
        the Government of Cuba to establish a lawful, safe, and 
        orderly process by which Cubans may be allowed to leave 
        their country; and
          (6) the Cuban refugee crisis is a problem of 
        international concern and other nations should 
        contribute to its resolution.
    (b)(1) The Congress urges the President to take the 
necessary steps to encourage and secure greater international 
cooperation with respect to the large number of Cuban natives 
who have recently fled or are attempting to flee Cuba. Such 
steps should include seeking the agreement of other countries 
to admit some of those persons into their respective countries 
and to contribute funds and other assistance for the 
resettlement of those persons.
    (2) In order to encourage countries throughout the world 
which are recipients of United States bilateral and 
multilateral assistance to permit and to help finance the 
resettlement of Cuban and other refugees within their borders, 
the President shall, to the maximum extent feasible, attempt to 
channel such assistance to countries which have demonstrated a 
willingness to provide assistance to Cuban and other refugees.
    (c) It is the sense of the Congress that, in carrying out 
subsection (b)(1), the President should seek the discussion, in 
an appropriate international forum such as the United Nations 
or the Organization of American States, of the situation 
involving the flight of large numbers of Cuban natives from 
Cuba, of the resettlement of Cuban refugees, and of means by 
which a more orderly process may be established to handle 
future crises of a similar nature.

            INCARCERATION AND DEPORTATION OF CERTAIN CUBANS

    Sec. 716.\29\ 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.
---------------------------------------------------------------------------
    \29\ 8 U.S.C. 1522 note.
---------------------------------------------------------------------------

  PROHIBITION ON ASSISTANCE TO THE GOVERNMENTS OF CUBA, VIETNAM, AND 
                                CAMBODIA

    Sec. 717. None of the funds authorized to be appropriated 
by this Act may be used to provide assistance to the 
Governments of Cuba, Vietnam, or Cambodia. Nothing in this 
section shall be construed to prohibit food assistance or 
humanitarian assistance which is distributed directly to the 
people of Cambodia.

  COOPERATION OF OTHER GOVERNMENTS IN THE BOYCOTT OF THE 1980 SUMMER 
                        OLYMPIC GAMES IN MOSCOW

    Sec. 718. In determining the levels of assistance to be 
provided to a foreign government with funds authorized to be 
appropriated by this Act, the President shall take into account 
the position of that government with respect to the United 
States proposed boycott of the 1980 summer Olympic games in 
Moscow.

                          ELECTIONS IN UGANDA

    Sec. 719. The President shall encourage the holding of 
free, open elections in Uganda and shall, in considering 
assistance for Uganda with funds authorized to be appropriated 
by this Act, take into account whether such elections are held.
    Sec. 720.\30\ Report To Congress On the Implementation of 
the Lancaster House Declaration of Rights in Zimbabwe * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \30\ Sec. 720, which had required a report from the President every 
60 days during fiscal year 1981 (if Zimbabwe received assistance under 
this Act) regarding the internal situation in Zimbabwe, was repealed by 
sec. 734(a)(2) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560).
---------------------------------------------------------------------------
    Sec. 721.\31\ Restriction on Assistance to El Salvador * * 
* [Repealed--1981]
---------------------------------------------------------------------------
    \31\ Sec. 721, which had prohibited the use of assistance for El 
Salvador during fiscal year 1981 for the purpose of planning for 
compensation, or for the purpose of compensation, for the confiscation, 
nationalization, acquisition, or expropriation of any agricultural or 
banking enterprise, or of the properties or stock shares which may be 
pertaining thereto, was repealed by sec. 734(a)(2) of the International 
Security and Development Cooperation Act of 1981 (Public Law 97-113; 95 
Stat. 1560).
            x. International Security Assistance Act of 1979

  Partial text of Public Law 96-92 [H.R. 3173] 93 Stat. 701, approved 
   October 29, 1979, as amended by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
                1529 at 1560, approved December 29, 1981


          Note.--Except for the provisions noted below, the 
        International Security Assistance Act of 1979 consists 
        of amendments to the Foreign Assistance Act of 1961 and 
        the Arms Export Control Act.



AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export 
Control Act to authorize international security assistance programs for 
               fiscal year 1980, and for other purposes.

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

                              SHORT TITLE

    Section 1. This Act may be cited as the ``International 
Security Assistance Act of 1979''.
          * * * * * * *

         STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN COUNTRIES

    Sec. 6. (a) * * *
    (b) \1\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1\ Sec. 734(a)(11) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
subsec. (b), which had required a report from the President regarding 
the stockpiling authorities for the Republic of Korea. The President 
submitted this report to Congress on January 2, 1980.
---------------------------------------------------------------------------
          * * * * * * *

 AUTHORIZATION AND AGGREGATE CEILING FOR FOREIGN MILITARY SALES CREDITS

    Sec. 17. (a) * * *
    (b) \2\ Of the principal amount of loans guaranteed for the 
fiscal year 1980 under section 24 of the Arms Export Control 
Act--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2271 note.
---------------------------------------------------------------------------
          (1) with respect to Turkey, not to exceed 
        $50,000,000,
          (2) with respect to Greece, not to exceed 
        $42,000,000, and
          (3) with respect to Sudan, not to exceed $25,000,000,
shall be repaid in not less than 20 years, following a grace 
period of 10 years on repayment of principal.
          * * * * * * *

      NATIONAL DISCLOSURE POLICY FOR SENSITIVE WEAPONS TECHNOLOGY

    Sec. 20. (a) \3\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \3\ Sec. 734(a)(11) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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. The President 
submitted this report to Congress on March 25, 1980.
---------------------------------------------------------------------------
    (b) * * *
          * * * * * * *

     TRANSFER OF WAR RESERVE MATERIEL AND OTHER PROPERTY TO TAIWAN

    Sec. 23.\4\ (a) Notwithstanding any other provision of law, 
during the calendar year 1980 the President is authorized to 
transfer to Taiwan under such terms and conditions as he may 
deem appropriate, such United States war reserve materiel that 
was located on Taiwan on January 1, 1979, as he may determine.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 3302 note.
---------------------------------------------------------------------------
    (b) Notwithstanding any other provision of law, during the 
calendar years 1979 and 1980 the President is authorized to 
transfer to Taiwan, under such terms and conditions as he may 
deem appropriate, such rights of the United States in property 
(other than war reserve materiel) that was located on Taiwan on 
January 1, 1979, as he may determine.

                      AMMUNITION SOLD TO THAILAND

    Sec. 24. The Royal Thai Government shall be released from 
its contractual obligation to pay to the United States 
Government such amount as is due on or before October 30, 1979, 
as a condition precedent under the letter of offer accepted by 
the Royal Thai Government on April 12, 1977, to the transfer of 
title to the last increment of United States ammunition stocks 
sold to the Royal Thai Government under such letter of offer 
pursuant to the Memorandum of Agreement of March 22, 1977, 
relating to the storage of ammunition in Thailand.
    Sec. 25.\5\ Assistance for Jordan * * * [Repealed--1981]
---------------------------------------------------------------------------
    \5\ Sec. 734(a)(11) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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. Such a 
determination was transmitted to Congress on January 10, 1980.
---------------------------------------------------------------------------

                             SHABA AIRLIFT

    Sec. 26. Notwithstanding any other provision of law, the 
President is authorized to make available the services of the 
Department of Defense for the purpose of facilitating the 
removal from Zaire of those foreign armed forces which were 
transported to Zaire by the United States at the time of the 
crisis in Shaba Province in 1978.

         FISCAL YEAR 1979 SUPPLEMENTAL AUTHORIZATION FOR TURKEY

    Sec. 27.\6\ (a) It is hereby determined that the national 
interests of the United States would be served by the 
furnishing of additional economic support fund assistance to 
Turkey in order to promote the economic and political stability 
of that country, and to strengthen its ability to fulfill its 
responsibilities as a member of the North Atlantic Treaty 
Organization.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2346c note.
---------------------------------------------------------------------------
    (b) In furtherance of subsection (a) of this section, and 
in addition to amounts otherwise available for such purposes, 
there are authorized to be appropriated to the President to 
carry out the purposes of chapter 4 of part II of the Foreign 
Assistance Act of 1961 $100,000,000 for the fiscal year 1979, 
which amount shall be available only for Turkey.\7\
---------------------------------------------------------------------------
    \7\ Supplemental Appropriations Act, 1979 (Public Law 96-38; 93 
Stat. 102), provided an additional $100,000,000 for the Economic 
Support Fund for Turkey, ``to remain available until expended''.
---------------------------------------------------------------------------
    (c) Amounts appropriated under this section may be made 
available until expended.
    (d) Notwithstanding any assistance authorized for Turkey 
under this Act, it remains the policy of the United States that 
all foreign troops in Cyprus, except those stationed in Cyprus 
under the auspices of the United Nations, should be withdrawn 
from Cyprus.
    (e) It is the sense of the Congress that the recent 
announcement by the leaders of the Greek Cypriots and the 
Turkish Cypriots to resume intercommunal negotiations is an 
encouraging recognition by the parties that the human rights 
and fundamental freedoms of all the citizens of the Republic of 
Cyprus will be respected. The Congress urges all parties to the 
negotiations to demonstrate good faith in the negotiations and 
to move promptly toward a full, just, and lasting settlement.
    Sec. 28.\8\ Prohibition on Assistance to Panama * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \8\ Sec. 734(a)(11) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560). 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). The President transmitted such a determination to 
Congress on December 28, 1979.
          y. International Development Cooperation Act of 1979

 Partial text of Public Law 96-53 [H.R. 3324], 93 Stat. 359, approved 
 August 14, 1979, as amended by Public Law 96-465 [Foreign Service Act 
of 1980, H.R. 6790], 94 Stat. 2071 at 2162, approved October 17, 1980; 
 Public Law 96-533 [International Security and Development Cooperation 
 Act of 1980, H.R. 6942], 94 Stat. 3131 at 3148, approved December 16, 
    1980; Public Law 97-113 [International Security and Development 
  Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved 
December 29, 1981; Public Law 98-164 [Department of State Authorization 
  Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1061, 
approved November 22, 1983; and by Public Law 105-277 [Foreign Affairs 
  Reform and Restructuring Act of 1998 (division G); H.R. 4328], 112 
                 Stat. 2681), approved October 21, 1998


          Note.--Except for the provisions noted below, the 
        International Development Cooperation Act of 1979 
        consists of amendments to the Foreign Assistance Act of 
        1961, the International Development and Food Assistance 
        Act of 1978, the International Development and Food 
        Assistance Act of 1977, Public Law 480, Title 5 of the 
        United States Code, and the Peace Corps Act. These 
        amendments are incorporated into the texts of these 
        Acts at the appropriate locations.



      AN ACT To authorize appropriations for fiscal year 1980 for 
international development and economic assistance programs and for the 
                  Peace Corps, and for other purposes.

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

                              SHORT TITLE

    Section 1. This Act may be cited as the ``International 
Development Cooperation Act of 1979''.

                    TITLE I--DEVELOPMENT ASSISTANCE

          * * * * * * *

                INTERNATIONAL ORGANIZATIONS AND PROGRAMS

    Sec. 114. (a) * * *
    (b) Notwithstanding any other provision of law, funds 
appropriated for the fiscal year 1979 to meet the annual 
obligations of membership of the United States in the United 
Nations and its specialized agencies may be made available for 
the furnishing of technical assistance by the United Nations 
and its specialized agencies.
          * * * * * * *
    Sec. 124.\1\ Prohibition on Assistance to Panama * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \1\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 124, which had prohibited assistance for Panama during fiscal year 
1980 unless the President determined that such aid was in the national 
interest.
---------------------------------------------------------------------------

          ASSISTANCE TO LATIN AMERICAN AND CARIBBEAN COUNTRIES

    Sec. 125.\2\ It is the sense of the Congress that the 
United States should place greater emphasis on public and 
private resources for development programs in Latin America and 
the Caribbean which address problems common to the Western 
Hemisphere. It is further the sense of the Congress that 
provision of such assistance to Latin American and Caribbean 
countries, including transitional developing countries, is 
consistent with the purposes of part I of the Foreign 
Assistance Act of 1961.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

           INCREASED CONTRIBUTIONS FOR DEVELOPMENT ASSISTANCE

    Sec. 126.\2\ In recognition of the rapidly growing economic 
strength and ability to contribute to international development 
and security efforts of other nations, it is the sense of the 
Congress that the President should take all appropriate steps 
to negotiate with those nations with adequate financial 
resources to provide assistance to increase their contributions 
for development assistance through multilateral programs as 
well as through bilateral efforts.

                        TITLE II--FOOD FOR PEACE

          * * * * * * *

                         TITLE III--PEACE CORPS

          * * * * * * *

    TITLE IV--INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION

                          STATEMENT OF POLICY

    Sec. 401.\3\ As declared by Congress in the Foreign 
Assistance Act of 1961, a principal objective of the foreign 
policy of the United States is the encouragement and sustained 
support of the people of developing countries in their efforts 
to acquire the knowledge and resources essential to development 
and to build the economic, political, and social institutions 
which will improve the quality of their lives. The Congress 
reaffirms the profound humanitarian and foreign policy concerns 
of the United States in the economic and social progress of the 
developing countries and in the alleviation of the worst 
physical manifestations of poverty in these countries.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 3501.
---------------------------------------------------------------------------
    In furtherance of that objective, the Congress recognizes 
that developing countries require extensive scientific and 
technological capacity in order to deal effectively with their 
development problems, relate to the industrialized nations, and 
constructively participate in the shaping of a stable world 
order.
    It is therefore in the mutual interest of the United States 
and the developing countries to increase scientific and 
technological cooperation and jointly to support long-term 
research on critical problems that impede development and limit 
the efficient use of the world's human, natural, and capital 
resources.

              PURPOSES AND ESTABLISHMENT OF THE INSTITUTE

    Sec. 402.\4\ (a) To strengthen the capacity of the people 
of developing countries to solve their development problems 
through scientific and technological innovation, to foster 
research on problems of development, and to facilitate 
scientific and technological cooperation with developing 
countries, the President is authorized to establish an 
Institute for Scientific and Technological Cooperation 
(hereafter in this title referred to as the ``Institute''), 
which shall be subject to the foreign policy guidance of the 
Secretary of State.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 3502.
---------------------------------------------------------------------------
    (b) The Institute shall be guided by the policies set forth 
in sections 101 and 102 of the Foreign Assistance Act of 1961 
and shall direct a substantial share of its resources to those 
objectives.

                       FUNCTIONS OF THE INSTITUTE

    Sec. 403.\5\ (a) In carrying out its purposes, the 
Institute shall--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 3503.
---------------------------------------------------------------------------
          (1) assist developing countries to strengthen their 
        own scientific and technological capacity in order for 
        them to undertake the research and experimentation 
        necessary for development;
          (2) support research, in the United States and in 
        developing countries, on critical development problems, 
        with emphasis on research relating to technologies 
        which are labor-intensive or which do not generate 
        additional unemployment or underemployment and with 
        emphasis on those problems which are the greatest 
        impediment to improvement in the lives of the majority 
        of the poor;
          (3) foster the exchange of scientists and other 
        technological experts with developing countries, and 
        other forms of exchange and communication to promote 
        the joint solution of problems of mutual concern to the 
        United States and developing countries;
          (4) advise and assist other agencies of the United 
        States Government in planning and executing policies 
        and programs of scientific and technological 
        cooperation with developing countries;
          (5) facilitate the participation of private United 
        States institutions, businesses, and individuals in 
        scientific and technological cooperation with 
        developing countries; and
          (6) gather, analyze, and disseminate information 
        relevant to the scientific and technological needs of 
        developing countries.
    (b) In carrying out the functions specified in subsection 
(a), the Institute shall take particular care to review all of 
its programs, projects, and other activities to ensure that 
technologies which are developed, utilized, or promoted are 
assessed with regard to minimizing any new problems and that 
participants in such programs, projects, and activities are 
fully aware of the need for such review with respect to any 
technology-related activities for which they are responsible.
    (c) For purposes of carrying out the functions of the 
Institute, the President may utilize, in addition to 
authorities conferred by this title, such authority contained 
in the Foreign Assistance Act of 1961, the Foreign Service Act 
of 1980,\6\ title V of the Foreign Relations Authorization Act, 
Fiscal Year 1979, and title IV of the International Development 
and Food Assistance Act of 1978, as the President deems 
necessary.
---------------------------------------------------------------------------
    \6\ This reference to the Foreign Service Act of 1980 was inserted 
in lieu of a reference to the Foreign Service Act of 1946 by sec. 
2206(11) of Public Law 96-465 (94 Stat. 2162).
---------------------------------------------------------------------------
    (d) The Institute shall carry out its functions in 
consultation and cooperation with the agencies of the United 
States Government, international organizations, and agencies of 
other governments engaged in promoting economic, social, and 
technological development in developing countries.
    (e) The President shall prescribe appropriate procedures to 
assure coordination of the activities of the Institute with 
other activities of the United States Government in furthering 
the use of science and technology in the cause of development.

                          GENERAL AUTHORITIES

    Sec. 404.\7\ (a) To carry out the purposes and functions of 
the Institute, the President may--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 3504.
---------------------------------------------------------------------------
          (1) make and perform contracts and other agreements 
        with any individual, institution, corporation, or other 
        body of persons however designated, within or outside 
        the United States, and with governments or government 
        agencies, domestic or foreign;
          (2) make advances, grants, and loans to any 
        individual, institution, corporation, or other body of 
        persons however designated, within or outside the 
        United States, and to governments or government 
        agencies, domestic or foreign;
          (3) employ such personnel as necessary and fix their 
        compensation;
          (4) make provision for compensation, transportation, 
        housing, subsistence (or per diem in lieu thereof), and 
        health care or health and accident insurance for 
        foreign nationals engaged in activities authorized by 
        this title while they are away from their homes, 
        without regard to the provisions of any other law;
          (5) accept and use money, funds, property, and 
        services of any kind by gift, devise, bequest, grant, 
        or otherwise in furtherance of the purposes of the 
        Institute;
          (6) acquire by purchase, lease, loan, bequest, or 
        gift and hold and dispose of by sale, lease, loan, or 
        grant, real and personal property of all kinds;
          (7) prescribe, amend, and repeal such rules and 
        regulations as may be necessary to the conduct of the 
        business of the Institute;
          (8) utilize information, services, facilities, 
        officers, and employees of any agency of the United 
        States Government;
          (9) establish a principal office in the United States 
        and such other offices within or outside the United 
        States, as may be necessary;
          (10) make such expenditures as may be necessary for 
        administering the provisions of this title;
          (11) adopt, alter, and use an official seal for the 
        Institute, which shall be judicially noticed; and
          (12) take such other actions as may be necessary and 
        incidental to carrying out the functions of the 
        Institute.
    (b) Any authority provided by this section involving the 
expenditures of appropriated funds shall be effective for a 
fiscal year only to such extent or in such amounts as are 
provided in appropriation Acts.

                       DIRECTOR OF THE INSTITUTE

    Sec. 405.\8\ (a) There shall be a Director of the Institute 
(hereafter in this title referred to as the ``Director'') who 
shall be the chief executive officer of the Institute. The 
Director shall be appointed by the President, by and with the 
advice and consent of the Senate, and shall receive 
compensation at the rate payable for level III of the Executive 
Schedule under section 5314 of title 5 of the United States 
Code.
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 3505.
---------------------------------------------------------------------------
    (b) The President may exercise any authorities conferred 
upon him by this title through the Director or any other agency 
or officer of the United States Government as he shall direct. 
The Director or head of any such agency or any such officer may 
delegate to any of his subordinates authority to perform any of 
such functions.

              DEPUTY DIRECTOR AND OTHER STATUTORY OFFICERS

    Sec. 406.\9\ (a) A Deputy Director of the Institute shall 
be appointed by the President, by and with the advice and 
consent of the Senate. The Deputy Director shall receive 
compensation at the rate payable for level IV of the Executive 
Schedule under section 5315 of title 5 of the United States 
Code.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 3506.
---------------------------------------------------------------------------
    (b) The Deputy Director shall perform such duties and 
exercise such powers as the Director may prescribe.
    (c) The President may establish up to two additional 
positions in the Institute to be compensated at the rate 
payable for level V of the Executive Schedule under section 
5316 of title 5 of the United States Code.

   COUNCIL ON INTERNATIONAL SCIENTIFIC AND TECHNOLOGICAL COOPERATION

    Sec. 407.\10\ (a) In order to further the purposes of the 
Institute, the President is authorized to establish a Council 
on International Scientific and Technological Cooperation 
(hereafter in this title referred to as the ``Council'').
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 3507.
---------------------------------------------------------------------------
    (b)(1) The Council shall--
          (A) advise the Director with respect to the policies, 
        programs, planning, and procedures of the Institute;
          (B) make recommendations to the Director on the use 
        of the resources available to the Institute; and
          (C) advise the Director on matters involving the 
        activities of the Institute overseas and appropriate 
        relationship with the private sector, within and 
        outside the United States.
    (2) The Council shall prepare an annual report setting 
forth the major recommendations made and advice given pursuant 
to paragraph (1) of this subsection.
    (c) The Director shall seek the advice of the Council 
before making any decision with respect to the selection or 
termination of, or any significant change in, the areas and 
issues in which the Institute conducts its activities, and with 
respect to the transfer of specific programs and projects from 
any other Government agency to the Institute. The Council shall 
have the authority to review all new programs and initiatives 
before their implementation and to make recommendations with 
regard to the approval or disapproval of new programs and 
initiatives having a cost in excess of $500,000 or a duration 
greater than two years.
    (d) The Council shall consist of up to twenty-five members 
appointed by the President, one of whom the President shall 
designate as Chairman. The members of the Council shall be 
appointed for terms of four years, except that the members 
first appointed shall be appointed for terms of one, two, 
three, or four years, as designated by the President at the 
time of their appointment, so that the terms of approximately 
one-fourth of the members of the Council expire in any year. 
The members of the Council shall be selected from among--
          (1) citizens of the United States who are widely 
        recognized for their broad knowledge of, or expertise 
        in, science and technology, or their interest in the 
        scientific and technological problems of developing 
        countries;
          (2) citizens of foreign countries who by their 
        knowledge and expertise are capable of providing advice 
        and guidance to the Institute on the application of 
        science and technology to the problems of developing 
        countries, except that not more than one-third of the 
        membership of the Council shall consist of members who 
        are citizens of foreign countries; and
          (3) officials of the United States Government, except 
        that not to exceed five members of the Council may be 
        appointed under this paragraph, one of whom shall be 
        the Secretary of State or his designee.
    (e) Members of the Council who are not officials of the 
United States Government shall be entitled to compensation, not 
to exceed the daily equivalent of the highest rate which may be 
paid to an employee under the General Schedule established by 
section 5332 of title 5 of the United States Code, while in the 
performance of their duties under this title, and to 
reimbursement for expenses and per diem in lieu of subsistence 
while away from their homes or regular places of business in 
the same manner as persons employed intermittently in 
Government service are allowed expenses under section 5703 of 
title 5 of the United States Code. Members of the Council who 
are not officials of the United States Government shall not be 
deemed officers, employees, or otherwise in the service or 
employment of the United States Government for any purpose, 
except that members of the Council who are United States 
citizens shall be deemed Government employees for the purposes 
of sections 202, 203, 205, 207, 208, and 209 of title 18 of the 
United States Code.
    (f) The Council may appoint from among its members an 
Executive Committee, and such other committees it deems 
necessary, to assist it in exercising its powers and functions. 
The Executive Committee shall consist of seven members, one of 
whom shall be the Chairman of the Council and not more than 
three of whom shall be employees of the United States 
Government. The Executive Committee shall exercise such powers 
and functions as are delegated to it by the Council.

                         INSTITUTE FELLOWSHIPS

    Sec. 408.\11\ (a) The President is authorized to award up 
to twenty fellowships annually for periods up to two years, 
such awards to be renewable for an additional period not to 
exceed two years, to individuals who have demonstrated 
exceptional competence and ability in the fields of scientific, 
technological, economic, or social endeavor selected by the 
Institute for concentration. The awards shall be made so as to 
encompass a wide diversity of disciplines and backgrounds, and 
shall be made on the basis of criteria established by the 
President upon the advice of the Council. Up to ten of the 
awards in any year may be made to citizens of countries other 
than the United States. Individuals awarded fellowships shall 
be designated as Institute Fellows.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 3508.
---------------------------------------------------------------------------
    (b) The President may assign Institute Fellows to undertake 
such activities, in the United States or abroad, as will 
further the purposes of the Institute.
    (c) The amount of the awards made pursuant to this section 
shall be established by the President, but shall not in any 
case exceed the highest rate which may be paid to an employee 
under the General Schedule established by section 5332 of title 
5 of the United States Code. In addition, where appropriate, 
the President may make provisions for transportation, housing 
(when assigned outside country of residence), subsistence (or 
per diem in lieu thereof), and health care or health or 
accident insurance for Institute Fellows and their dependents 
while engaged in activities authorized by this title.
    (d) Except as provided otherwise in this section, Institute 
Fellows shall not be deemed employees or otherwise in the 
service or employment of the United States Government. 
Institute Fellows shall be considered employees for purposes of 
compensation of injuries under chapter 81 of title 5 of the 
United States Code and the tort claim provisions of chapter 171 
of title 28 of the United States Code. In addition, Institute 
Fellows who are United States citizens shall be considered 
Government employees for purposes of sections 202, 203, 205, 
207, 208, and 209 of title 18 of the United States Code.
    (e) Alien participants in any program of the Institute, 
including Institute Fellows and their dependents, may be 
admitted to the United States, if otherwise qualified as non-
immigrants under section 101(a)(15) of the Immigration and 
Nationality Act, for such time and under such conditions as may 
be prescribed by regulations promulgated by the Secretary of 
State and the Attorney General.

                          CONFLICT OF INTEREST

    Sec. 409.\12\ Members of the Council and Institute Fellows 
shall avoid any action, in their activities with respect to the 
Institute, which might result in, or create the appearance of, 
a conflict of interest, including but not limited to--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 3509.
---------------------------------------------------------------------------
          (1) using their office or position for private gain;
          (2) giving preferential treatment to any person;
          (3) making recommendations or decisions relating to 
        any activity authorized by this title in other than an 
        impartial and independent manner;
          (4) misusing Government property or official 
        information obtained through their office or position 
        which has not been made available to the general 
        public; or
          (5) affecting adversely the confidence of the public 
        in the integrity of the Institute.

                    AUTHORIZATION OF APPROPRIATIONS

    Sec. 410.\13\ There are authorized to be appropriated to 
the President to carry out this title, in addition to funds 
otherwise available for such purpose, $12,000,000 for the 
fiscal year 1981.\14\ Funds appropriated under this section are 
authorized to remain available until expended.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 3510.
    \14\ Sec. 312 of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3148) added the 
authorization figure for fiscal year 1981. The authorization for fiscal 
year 1980 was $23,750,000. However, these funds were never 
appropriated.
---------------------------------------------------------------------------
    Sec. 411.\15\ Annual Report * * * [Repealed--1983]
---------------------------------------------------------------------------
    \15\ Sec. 1011(a)(6) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed 
sec. 411, which had required an annual report to Congress regarding the 
operations of the Institute.
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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]
---------------------------------------------------------------------------
    \16\ Formerly at 22 U.S.C. 3512. The International Development 
Cooperation Agency was established by sec. 1-101 of Executive Order 
12163, effective October 1, 1979. That section, and the Reorganization 
Plan Numbered 2 of 1979 referred to in former sec. 413, were repealed 
by sec. 1422(a) of the Foreign Affairs Reform and Restructuring Act of 
1998 (division G of Public Law 105-277; 112 Stat. 2681). Sec. 413 
formerly provided as follows:
    ``Sec. 413. Upon the establishment of the United States 
International Development Cooperation Agency pursuant to Reorganization 
Plan Numbered 2 of 1979, the Institute shall be established within such 
Agency.''.
---------------------------------------------------------------------------

                       EXPIRATION OF AUTHORITIES

    Sec. 414.\17\ The authorities contained in this title shall 
expire on September 30, 1984.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 3513.
---------------------------------------------------------------------------

                   TITLE V--MISCELLANEOUS PROVISIONS

   EARMARKING FOR LEBANON OF UNOBLIGATED BALANCES IN THE MIDDLE EAST 
                       SPECIAL REQUIREMENTS FUND

    Sec. 501. Of the funds continued available for the fiscal 
year 1979 for the Middle East Special Requirements Fund by 
section 103 of the Foreign Assistance and Related Programs 
Appropriations Act, 1979, which are unobligated on the date of 
enactment of this Act, $5,000,000 shall be available only for 
Lebanon and may hereafter be continued available only for such 
country.

                      MILITARY ASSISTANCE TO SUDAN

    Sec. 502.\18\ In addition to the amount authorized to be 
appropriated for grant military assistance for the fiscal year 
1980 by section 504(a)(1) of the Foreign Assistance Act of 
1961, there is authorized to be appropriated to carry out the 
purposes of chapter 2 of part II of that Act for the fiscal 
year 1980 $1,700,000. Not more than $1,700,000 of the funds 
available to carry out that chapter for the fiscal year 1980 
may be allocated and made available for assistance for Sudan. 
For purposes of the last sentence of section 504(a)(1) and for 
purposes of section 515(b)(1) of the Foreign Assistance Act of 
1961, this section shall be deemed to be part of such section 
504(a)(1).
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 2312 note.
---------------------------------------------------------------------------
          * * * * * * *

                          HUMAN RIGHTS REPORTS

    Sec. 504. (a) * * *
    (b) \19\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \19\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
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. The Secretary of State 
submitted this report to Congress on November 15, 1979.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 506.\20\ Prohibition on Assistance to Vietnam, 
Cambodia, and Cuba * * * [Repealed--1981]
---------------------------------------------------------------------------
    \20\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 506, which had prohibited aid to Vietnam, Cambodia, and Cuba 
during fiscal year 1980.
---------------------------------------------------------------------------

                  NONPROLIFERATION OF NUCLEAR WEAPONS

    Sec. 507.\21\ (a) In accordance with the Nuclear Non-
Proliferation Act of 1978, the Congress strongly urges all 
nations which are not parties to the Treaty on Non-
Proliferation of Nuclear Weapons to become parties to that 
treaty.
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 3201 note.
---------------------------------------------------------------------------
    (b) \22\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \22\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
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. The Secretary of 
State submitted this report to Congress on November 19, 1979.
---------------------------------------------------------------------------

                      ACCELERATED LOAN REPAYMENTS

    Sec. 508. (a) * * *
    (b) \23\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \23\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
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.
---------------------------------------------------------------------------

                    REFUGEE CRISIS IN SOUTHEAST ASIA

    Sec. 509. (a)(1) The refugee crisis in Indochina is 
unfolding as one of the great human tragedies of our time.
    (2) At least seven hundred and fifty thousand human beings 
have fled Vietnam, Kampuchea, and Laos since the spring of 
1975.
    (3) Approximately three hundred thousand human beings 
currently remain in refugee camps throughout Southeast Asia.
    (4) As many as two hundred and fifty thousand human beings 
may have perished in their attempts to reach freedom and many 
thousands more face death should the present situation 
continue.
    (5) The international borders are closing to the refugees 
fleeing from Indochina.
    (6) The international community has failed to respond 
adequately to the crisis, despite the existence of adequate 
mechanisms to respond.
    (b) It is the sense of the Congress that the President 
should continue to support the efforts of the Secretary General 
of the United Nations to use appropriate fora to deal with the 
refugee crisis in Southeast Asia.
    (c) \24\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \24\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
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.
---------------------------------------------------------------------------

                        CERTAIN TRAVEL EXPENSES

    Sec. 510. Section 5924(4)(B) of title 5, United States 
Code,\25\ is amended by striking out ``one annual trip each way 
for each dependent of an employee of the Department of State or 
the United States Information Agency, or'' and inserting in 
lieu thereof ``(i) in the case of dependents traveling to 
obtain secondary education, one annual trip, or in the case of 
dependents traveling to obtain undergraduate college education, 
two annual trips, each way for each dependent of an employee of 
the Department of State, of the International Communication 
Agency, or of the Agency for International Development, or 
(ii)''.
---------------------------------------------------------------------------
    \25\ Sec. 5924 of title 5, U.S.C., provides for certain costs of 
living allowances for U.S. Government employees living in a foreign 
area.
---------------------------------------------------------------------------
          * * * * * * *

                            EFFECTIVE DATES

    Sec. 512. (a) Except as provided in subsection (b) of this 
section and in section 503(b), this Act shall take effect on 
October 1, 1979.
    (b) Sections 114(b), 123, 501, and 509 of this Act shall 
take effect on the date of enactment of this Act.
      z. International Development and Food Assistance Act of 1978

Partial text of Public Law 95-424 [H.R. 12222], 92 Stat. 937, approved 
    October 6, 1978, as amended by Public Law 96-53 [International 
 Development Cooperation Act of 1979, H.R. 3324], 93 Stat. 359 at 378, 
  approved August 14, 1979; Public Law 96-67 [S. 1019], 93 Stat. 415, 
 approved September 21, 1979; and by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
                1519 at 1560, approved December 29, 1981


          Note.--Except for the provisions noted below, the 
        International Development and Food Assistance Act of 
        1978 consists of amendments to the Foreign Assistance 
        Act of 1961 and the Agricultural Trade Development and 
        Assistance Act of 1954 (Public Law 480).



    AN ACT To amend the Foreign Assistance Act of 1961 to authorize 
 development and economic assistance programs for fiscal year 1979, to 
      make certain changes in the authorities of that Act and the 
 Agricultural Trade Development and Assistance Act of 1954, to improve 
   the coordination and administration of United States development-
         related policies and programs, and for other purposes.

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

                              SHORT TITLE

    Section 1. This Act may be cited as the ``International 
Development and Food Assistance Act of 1978''.

                    TITLE I--DEVELOPMENT ASSISTANCE

          * * * * * * *

                INTERNATIONAL ORGANIZATIONS AND PROGRAMS

    Sec. 117.--(a) * * *
    (b)(1) * * *
    (2) \1\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
para. (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. The Secretary of State submitted this 
report to Congress on February 5, 1979.
---------------------------------------------------------------------------
    (c) * * *
    (d) * * *
    (e) \2\ In addition to amounts otherwise available for such 
purpose, there are authorized to be appropriated to the 
President not to exceed $1,000,000 for contributions to the 
World Assembly on Aging to be convened under the auspices of 
the United Nations, except that the amount so contributed may 
not exceed 25 percent of the expenditures of such Assembly. 
Amounts appropriated under this subsection are authorized to 
remain available until expended.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2222 note. See also sec. 302(a)(1) of the FA Act of 
1961.
---------------------------------------------------------------------------
          * * * * * * *

                    LOCUST PLAGUES CONTROL IN AFRICA

    Sec. 120.\3\ In order to assist in attempts to control 
locust plagues in Africa, especially in the Horn of Africa, 
there is authorized to be appropriated to the President, in 
addition to amounts otherwise authorized for disaster relief 
purposes, $2,000,000, which amount is authorized to remain 
available until expended.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2292d.
---------------------------------------------------------------------------
          * * * * * * *

                     AFRICAN DEVELOPMENT FOUNDATION

    Sec. 122.\4\ (a) The Congress declares that the United 
States should place higher priority on the formulation and 
implementation of policies and programs to enable the people of 
African nations to develop their potential, fulfill their 
aspirations, and enjoy better, more productive lives. In 
furtherance of these objectives, the Congress finds that 
additional support is needed for community-based self-help 
activities in Africa and that an African Development 
Foundation, organized to further the purposes set forth in 
section 123 of the Foreign Assistance Act of 1961, can 
complement current United States development programs in 
Africa.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2151u note.
---------------------------------------------------------------------------
    (b) \5\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \5\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (b), which had required a report from the President on 
proposals for an African Development Foundation. The President 
submitted this report to Congress on February 1, 1979.
---------------------------------------------------------------------------

                        TITLE II--FOOD FOR PEACE

    Sec. 201.\6\ Effectiveness of Food Assistance in Meeting 
Basic Food Needs * * * [Repealed--1981]
---------------------------------------------------------------------------
    \6\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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. The President submitted this report to Congress on 
February 23, 1979.
---------------------------------------------------------------------------

 TITLE III--COORDINATION AND ADMINISTRATION OF THE DEVELOPMENT-RELATED 
               PROGRAMS AND POLICIES OF THE UNITED STATES

                       DECLARATION OF OBJECTIVES

    Sec. 301.\7\ The Congress declares that the United States 
Government should place higher priority, in the formulation and 
implementation of governmental policies, on efforts to help 
meet the legitimate needs of poor countries for improving the 
quality of the lives of their populations. The Congress also 
declares that greater effectiveness and efficiency of United 
States assistance to such countries can be achieved through 
improved coordination and administrative consolidation.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

                      IMPLEMENTATION OF OBJECTIVES

    Sec. 302.\7\ In furtherance of the objectives set forth in 
section 301 the Congress directs the President to institute a 
strengthened system of coordination of all United States 
economic policies which impact on the developing countries of 
the world, including but not limited to policies concerning 
international trade, commodity agreements, investment, debt, 
international financial institutions, international and 
multilateral development agencies and programs, and 
concessional and grant food assistance, in addition to policies 
concerning United States bilateral economic development 
assistance.
    Sec. 303.\8\ Report * * * [Repealed--1981]
---------------------------------------------------------------------------
    \8\ Sec. 734(a)(3) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 303, which had required a report from the President on steps he 
has taken to implement this title. The President submitted this report 
to Congress on March 8, 1979.
---------------------------------------------------------------------------

                   TITLE IV--UNIFIED PERSONNEL SYSTEM

              ESTABLISHMENT OF A UNIFIED PERSONNEL SYSTEM

    Sec. 401.\9\ (a) Not later than May 1, 1979,\10\ the 
President shall submit to the Congress, and publish in the 
Federal Register, regulations establishing a unified personnel 
system for all employees of the agency primarily responsible 
for administering part I of the Foreign Assistance Act of 1961. 
In preparing such regulations, the President shall keep the 
appropriate committees of the Congress fully and currently 
informed, and shall consult with them on a regular basis, 
concerning the nature of the unified personnel system to be 
established.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 2385a.
    \10\ The due date for this report was extended from March 15, 1979, 
by sec. 503 of the International Development Cooperation Act of 1979 
(Public Law 96-53; 93 Stat. 378), effective March 15, 1979.
---------------------------------------------------------------------------
    (b) The regulations submitted to the Congress pursuant to 
subsection (a)--
          (1) may not become effective until after the end of 
        the 90-day period beginning on the date of such 
        submission in order to provide the appropriate 
        committees of the Congress an opportunity to review 
        them; and
          (2) shall not become effective then if, during such 
        90-day period, either House of Congress adopts a 
        resolution stating in substance that it disapproves the 
        personnel system proposed to be established by the 
        regulations.
    (c) Regulations which take effect pursuant to this section 
shall have the force and effect of law and shall apply with 
respect to the personnel of the agency primarily responsible 
for administering part I of the Foreign Assistance Act of 1961, 
notwithstanding any inconsistent provision of law unless that 
provision of law specifically states that it supersedes 
regulations issued under this section.
          * * * * * * *

                   TITLE VI--MISCELLANEOUS PROVISIONS

                       REDUCTION OF AUTHORIZATION

    Sec. 601.\11\ The total funds authorized to be appropriated 
in this Act (excluding funds authorized to be appropriated to 
carry out section 214 of the Foreign Assistance Act of 1961) 
shall be reduced by 5 percent.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

     PROHIBITION ON ASSISTANCE TO VIETNAM, CAMBODIA, AND CUBA \12\

    Sec. 602.\11\ Notwithstanding any other provision of law or 
of this Act, funds authorized to be appropriated in this Act 
shall not be used for any form of aid, either by monetary 
payment or by the sale or transfer of any goods of any nature, 
to the Socialist Republic of Vietnam, Cambodia, or Cuba.
---------------------------------------------------------------------------
    \12\ Uganda was struck from the section heading and from the list 
of countries in sec. 602 by Public Law 96-67 (93 Stat. 415).
---------------------------------------------------------------------------
    Sec. 603.\13\ (a)(1) \14\ Reports to Congress on Debt 
Relief Agreements * * * [Repealed--1981]
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 2395a. See also sec. 501 of Miscellaneous 
Appropriations (H.R. 3425 enacted by reference in sec. 1000(a)(5) of 
Public Law 106-113; 113 Stat. 1535), which stated actions to provide 
international debt relief.
    \14\ Sec. 734(a)(5) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
para. (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.
---------------------------------------------------------------------------
    (2) The Secretary of State shall transmit to such 
committees a copy of the text of any agreement with any foreign 
government which would result in any such debt relief no less 
than thirty days prior to its entry into force, together with a 
detailed justification of the interest of the United States in 
the proposed debt relief. The requirements of this paragraph 
shall not apply with respect to an agreement if a statutory 
requirement exists that the amount of the debt relief provided 
by the agreement may not exceed the amount approved for such 
purposes in advance in an appropriation Act.
    (b) Section 4 of the Foreign Disaster Assistance Act of 
1974 is repealed.

                         MISCELLANEOUS REPEALS

    Sec. 604. Sections 302(d), 302(e), 302(f), 302(g), 302(h), 
304, 494A, 495A, 618, 619, 637(a), 649, 651, 655, 656, 658, and 
665, and chapters 6 and 7 of part I, of the Foreign Assistance 
Act of 1961 are repealed.

                             EFFECTIVE DATE

    Sec. 605. The amendments made by this Act shall take effect 
on October 1, 1978.
           aa. International Security Assistance Act of 1978

  Partial text of Public Law 95-384 [S. 3075], 92 Stat. 730, approved 
  September 26, 1978, as amended by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
  1519 at 1560, approved December 29, 1981; and by Public Law 103-199 
[FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993


          Note.--Except for the provisions noted below, the 
        International Security Assistance Act of 1978 consists 
        of amendments to the Arms Export Control Act, the 
        Foreign Assistance Act of 1961, the Foreign Assistance 
        Act of 1974, the International Security Assistance Act 
        of 1977, the International Security Assistance and Arms 
        Export Control Act of 1976, the Mutual Security Act of 
        1954, the Foreign Military Sales Act Amendments, 1971, 
        the Export Administration Act of 1969, and the 
        Emergency Security Assistance Act of 1973.



AN ACT To amend the Foreign Assistance Act of 1961 and the Arms Export 
Control Act to authorize international security assistance programs for 
               fiscal year 1979, and for other purposes.

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

                              SHORT TITLE

    Section 1. This Act may be cited as the ``International 
Security Assistance Act of 1978''.
          * * * * * * *

        UNITED STATES POLICY REGARDING THE EASTERN MEDITERRANEAN

    Sec. 13.\1\ (a) Section 620(x) of the Foreign Assistance 
Act of 1961 shall be of no further force and effect upon the 
President's determination and certification to the Congress \2\ 
that the resumption of full military cooperation with Turkey is 
in the national interest of the United States and in the 
interest of the North Atlantic Treaty Organization and that the 
Government of Turkey is acting in good faith to achieve a just 
and peaceful settlement of the Cyprus problem, the early 
peaceable return of refugees to their homes and properties, and 
continued removal of Turkish military troops from Cyprus in the 
context of a solution to the Cyprus problem, and the early 
serious resumption of inter-communal talks aimed at a just, 
negotiated settlement.
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    \1\ 22 U.S.C. 2370 note.
    \2\ Such determination and certification, dated September 26, 1978, 
was submitted to the Congress.
---------------------------------------------------------------------------
          * * * * * * *

                          ARMS TRANSFER POLICY

    Sec. 15. (a) * * *
    (b) \3\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \3\ Sec. 734(a)(12) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
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. 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\ Sec. 734(a)(12) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
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.
---------------------------------------------------------------------------
    (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\ Sec. 734(a)(12) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
para. (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.
---------------------------------------------------------------------------
    Sec. 24.\7\ United States Relations With the Soviet Union * 
* * [Repealed--1993]
---------------------------------------------------------------------------
    \7\ Formerly at 22 U.S.C. 2151 note. Sec. 706 of the FRIENDSHIP Act 
(Public Law 103-199; 107 Stat. 2317) repealed sec. 24.
    Subsec. (c), which had required a report from the President 
concerning his review of U.S. policy toward the Soviet Union as 
outlined in subsec. (b), was repealed by sec. 734(a)(12) of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1560). The President submitted this report on 
January 4, 1979.
---------------------------------------------------------------------------
    Sec. 25.\8\ Report on Review of Arms Sales Controls on Non-
Lethal Items * * * [Repealed--1981]
---------------------------------------------------------------------------
    \8\ Sec. 734(a)(12) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 25, which had required a report from the President on a review of 
arms sales control on non-lethal items. The President submitted this 
report to Congress on January 26, 1979.
---------------------------------------------------------------------------

         UNITED STATES-REPUBLIC OF CHINA MUTUAL DEFENSE TREATY

    Sec. 26.\7\ (a) The Congress finds that--
          (1) the continued security and stability of East Asia 
        is a matter of major strategic interest to the United 
        States;
          (2) the United States and the Republic of China have 
        for a period of twenty-four years been linked together 
        by the Mutual Defense Treaty of 1954;
          (3) the Republic of China has during that twenty-
        four-year period faithfully and continually carried out 
        its duties and obligations under that treaty; and
          (4) it is the responsibility of the Senate to give 
        its advice and consent to treaties entered into by the 
        United States.
    (b) It is the sense of the Congress that there should be 
prior consultation between the Congress and the executive 
branch on any proposed policy changes affecting the 
continuation in force of the Mutual Defense Treaty of 1954.\9\
---------------------------------------------------------------------------
    \9\ Pursuant to article X of the treaty, the State Department on 
December 23, 1978, delivered notice, effective January 1, 1979, that 
the United States was terminating the treaty. Under article X, the 
treaty remained in force until January 1, 1980.
---------------------------------------------------------------------------
    Sec. 27.\10\ Rhodesia Embargo * * * [Repealed--1981]
---------------------------------------------------------------------------
    \10\ Sec. 734(a)(12) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 27. It formerly read as follows:
    ``Sec. 27. In furtherance of the foreign policy interests of the 
United States, the Government of the United States shall not enforce 
sanctions against Rhodesia after December 31, 1978, provided that the 
President determines that--
    ``(1) the Government of Rhodesia has demonstrated its willingness 
to negotiate in good faith at an all-parties conference, held under 
international auspices, on all relevant issues; and
    ``(2) a government has been installed, chosen by free elections in 
which all political and population groups have been allowed to 
participate freely, with observation by impartial, internationally-
recognized observers.''.
---------------------------------------------------------------------------

                 NEGOTIATIONS BETWEEN ISRAEL AND EGYPT

    Sec. 28.\11\ (a) The Congress finds that--
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2346a note.
---------------------------------------------------------------------------
          (1) a lasting settlement of the Arab-Israel conflict 
        is vital to United States national interests as well as 
        to the interests of the countries of the region;
          (2) support for a strong and secure Israel and the 
        maintenance for this purpose of Israel's effective 
        defense capabilities as essential to peace remains a 
        fundamental tenet of United States foreign policy;
          (3) direct, face-to-face negotiations between Israel 
        and Egypt without preconditions is a historic opening 
        for peace, and the support of such negotiations by 
        other moderate Arab countries, can best promote a peace 
        settlement based on mutual concessions and 
        accommodations;
          (4) the establishment of secure, recognized, and 
        defensible borders between Israel and its neighbors 
        will discourage hostilities; and
          (5) full, normalized relations between Israel and its 
        Arab neighbors, including trade, travel, tourism, 
        communications, and diplomatic relations are vital for 
        peace.
    (b) It is the sense of the Congress that the Government of 
the United States should continue to promote direct 
negotiations between Israel and Egypt and to encourage other 
Arab countries to enter into negotiations leading to peace 
treaties with Israel.
    (c) It is further the sense of the Congress that the United 
States should be responsive to Israel's economic needs and 
defense requirements, including the provision of additional 
advanced aircraft, in order to maintain Israel's defense 
capability which is essential to peace.
          * * * * * * *

                           SAVINGS PROVISION

    Sec. 30.\12\ Enactment of this Act shall not affect the 
authorizations of appropriations and limitations of authority 
applicable to the fiscal year 1978 which are contained in 
provisions of law amended by this Act (other than sections 31 
(a), (b), and (d) of the Arms Export Control Act).
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 1754 note.
           bb. International Security Assistance Act of 1977

 Partial text of Public Law 95-92 [H.R. 6684], 91 Stat. 614, approved 
August 4, 1977, as amended by Public Law 95-384 [International Security 
    Assistance Act of 1978, S. 3075], 92 Stat. 730 at 747, approved 
 September 26, 1978; and by Public Law 97-113 [International Security 
  and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 
                    1560, approved December 29, 1981


          Note.--Except for the provisions noted below, the 
        International Security Assistance Act of 1977 consists 
        of amendments to the Arms Export Control Act and the 
        Foreign Assistance Act of 1961.



    AN ACT To amend the Foreign Assistance Act of 1961 to authorize 
  international security assistance programs for fiscal year 1978, to 
   amend the Arms Export Control Act to make certain changes in the 
            authorities of that Act, and for other purposes.

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

                              SHORT TITLE

    Section 1.\1\ This Act may be cited as the ``International 
Security Assistance Act of 1977''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          * * * * * * *

            SECURITY SUPPORTING ASSISTANCE PROGRAM FOR EGYPT

    Sec. 9.\2\ It is the sense of the Congress that the 
security supporting assistance program for Egypt plays an 
important role in the Middle East peace effort and that the 
Executive branch should concentrate its efforts in order to 
make the program a success.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2346 note. Sec. 29(c)(2) of the International 
Security Assistance Act of 1978 (Public Law 95-384; 92 Stat. 747) 
struck out subsecs. (b) through (e) of sec. 9. These subsections 
concerned the creation and activities of a Special Interagency Task 
Force to review the U.S. security supporting assistance program for 
Egypt.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 14.\3\ Prohibition on Assistance for Nuclear 
Powerplants * * * [Repealed--1981]
---------------------------------------------------------------------------
    \3\ Sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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 United States and any other country.
---------------------------------------------------------------------------
          * * * * * * *

            FISCAL YEAR 1977 AUTHORIZATIONS AND LIMITATIONS

    Sec. 21.\4\ Authorizations of appropriations and 
limitations of authority applicable to the fiscal year 1977 
contained in provisions of law amended by this Act shall not be 
affected by enactment of this Act.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    Sec. 22.\5\ Assistance and Sales to Greece and Turkey * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \5\ Sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 22, which set out certain conditions for assistance and sales to 
Greece and Turkey during fiscal year 1978.
---------------------------------------------------------------------------
    Sec. 23.\6\ Arms Sales and United States Defense Readiness 
* * * [Repealed--1978]
---------------------------------------------------------------------------
    \6\ Sec. 29(c)(2) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 747) repealed 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.
---------------------------------------------------------------------------

                     STUDY OF TECHNOLOGY TRANSFERS

    Sec. 24.\7\ (a) The President shall conduct a comprehensive 
study of the policies and practices of the United States 
Government with respect to the national security and military 
implications of international transfers of technology in order 
to determine whether such policies and practices should be 
changed. Such study shall examine--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------
          (1) the nature of technology transfer;
          (2) the effect of technology transfers on United 
        States technological superiority;
          (3) the rationale for transfers of technology from 
        the United States to foreign countries;
          (4) the benefits and risks of such transfers;
          (5) trends in technology transfers by the United 
        States and other countries;
          (6) the need for controls on transfers of technology, 
        including controls on the use of transferred 
        technology, the effectiveness of existing end-use 
        controls, and possible unilateral sanctions if end-use 
        restrictions are violated;
          (7) the effectiveness of existing organizational 
        arrangements in the Executive branch in regulating 
        technology transfers from the United States;
          (8) the adequacy of existing legislation and 
        regulations with respect to transfers of technology 
        from the United States; and
          (9) the possibilities for international agreements 
        with respect to transfers of technology.
    (b) In conducting the study required by subsection (a), the 
President shall utilize the resources and expertise of the Arms 
Control and Disarmament Agency, the Department of State, the 
Department of Defense, the Department of Commerce, the National 
Science Foundation, the Office of Science and Technology 
Policy, and such other entities within the Executive branch as 
he deems necessary.
    (c) \8\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \8\ Sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
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). The President submitted this report 
to Congress on August 21, 1978.
---------------------------------------------------------------------------
    Sec. 25.\9\ Policy on Zaire * * * [Repealed--1981]
---------------------------------------------------------------------------
    \9\ Sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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).
---------------------------------------------------------------------------

         POLICY STATEMENT ON UNITED STATES ARMS SALES TO ISRAEL

    Sec. 26.\7\ In accordance with the historic special 
relationship between the United States and Israel and previous 
agreements and continuing understandings, the Congress joins 
with the President in reaffirming that a policy of restraint in 
United States arms transfers, including arms sales ceilings, 
shall not impair Israel's deterrent strength or undermine the 
military balance in the Middle East.

           REVIEW OF ARMS SALES CONTROLS ON NON-LETHAL ITEMS

    Sec. 27.\7\ The President shall undertake a review of all 
regulations relating to arms control for the purpose of 
defining and categorizing lethal and non-lethal products and 
establishing the appropriate level of control for each 
category.

                           REPUBLIC OF KOREA

    Sec. 28. (a)(1) It is the sense of the Congress that the 
President should take all effective measures to assure that the 
Republic of Korea is cooperating fully with the investigation 
(including any resulting prosecutions) being conducted by the 
Department of Justice with respect to allegations of improper 
activity in the United States by agents of the Republic of 
Korea.
    (2) \10\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \10\ Sec. 734(a)(13) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
para. (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.
---------------------------------------------------------------------------
    (b) It is the further sense of the Congress that the 
President should take all effective measures to assure that the 
Republic of Korea is cooperating fully with the investigations 
being conducted by committees of Congress.

                           PIASTER CONVERSION

    Sec. 29.\11\ No provision of law shall be construed to 
prevent payment of claims of former and present Vietnamese 
employees of the Agency for International Development, who 
presently reside in the United States, for the conversion of 
Vietnamese piasters to dollars because such conversion cannot 
take place in the territory of the former Republic of Vietnam 
or because the official with whom such piasters were deposited 
was not a United States disbursing officer.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2431 note.
     cc. International Development and Food Assistance Act of 1977

 Partial text of Public Law 95-88 [H.R. 6714], 91 Stat. 533, approved 
     August 3, 1977, as amended by Public Law 96-53 [International 
 Development Cooperation Act of 1979, H.R. 3324], 93 Stat. 359 at 366, 
  approved August 14, 1979; Public Law 96-465 [Foreign Service Act of 
1980, H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 1980; and 
     by Public Law 97-113 [International Security and Development 
  Cooperation Act of 1981, S. 1196], 95 Stat. 1519 at 1560, approved 
                           December 29, 1981


          Note.--Except for the provisions noted below, the 
        International Development and Food Assistance Act of 
        1977 consists of amendments to the Foreign Assistance 
        Act of 1961 and the Agricultural Trade Development and 
        Assistance Act of 1954 (Public Law 480).



    AN ACT To amend the Foreign Assistance Act of 1961 to authorize 
  development assistance programs for fiscal year 1978, to amend the 
   Agricultural Trade Development and Assistance Act of 1954 to make 
certain changes in the authorities of that Act, and for other purposes.

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

                              SHORT TITLE

    Section 1. This Act may be cited as the ``International 
Development and Food Assistance Act of 1977.''

             TITLE I--INTERNATIONAL DEVELOPMENT ASSISTANCE

          * * * * * * *

                 INSPECTOR GENERAL, FOREIGN ASSISTANCE

    Sec. 124. (a)(1) * * *
    (2) \1\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1\ Sec. 2205(11) of the Foreign Service Act of 1980 (Public Law 
96-465; 94 Stat. 2162) struck out para. (2), which concerned the duties 
and responsibilities of the Inspector General, Foreign Service.
---------------------------------------------------------------------------
    (b) Section 5315 of title 5, United States Code, is amended 
by repealing paragraphs (52) and (53).
    (c) The amendments made by this section shall take effect 
on July 1, 1978.
          * * * * * * *

              FUTURE UNITED STATES DEVELOPMENT ASSISTANCE

    Sec. 131.\2\ It is the sense of the Congress that the 
United States should increase substantially its assistance for 
self-help development among the world's poorest people. Such 
assistance should be provided in accordance with the general 
policies and principles of chapter 1 of part I of the Foreign 
Assistance Act of 1961, with particular emphasis on encouraging 
and supporting more equitable patterns of economic growth, 
especially in the poorest countries, and should be coordinated 
with similar expanded efforts by international organizations, 
donor nations, and the recipient countries themselves.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

        LIMITATION ON USE OF FUNDS; MISSING IN ACTION IN VIETNAM

    Sec. 132. (a) \3\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \3\ Sec. 734(a)(6) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (a), which had prohibited assistance to or reparations for 
Cambodia, Vietnam, Laos, or Cuba for fiscal year 1978.
---------------------------------------------------------------------------
    (b) The President shall continue to take all possible steps 
to obtain a final accounting of all Americans missing in action 
in Vietnam.

     PLAN FOR INCREASED MINORITY BUSINESS PARTICIPATION IN FOREIGN 
                         ASSISTANCE ACTIVITIES

    Sec. 133.\2\ (a) The Administrator of the agency primarily 
responsible for administering part I of the Foreign Assistance 
Act of 1961 shall prepare and transmit to the Congress, not 
later than 30 days after the date of enactment of this Act, a 
detailed plan for the establishment of a section on minority 
business within such agency.
    (b) Such plan shall include, but shall not be limited to--
          (1) a description of where the section on minority 
        business will be located in such agency's 
        organizational structure and what relevant lines of 
        authority will be established;
          (2) a listing of the specific responsibilities that 
        will be assigned to the section on minority business to 
        enable it to increase, in a rational and effective 
        manner, participation of minority business enterprises 
        in activities funded by such agency;
          (3) a design for a time-phase system for bringing 
        about expanded minority business enterprise 
        participation, including specific recommendations for 
        percentage allocations of contracts by such agency to 
        minority business enterprises;
          (4) a proposed reporting system that will permit 
        objective measuring of the degree of participation of 
        minority business enterprises in comparison to the 
        total activities funded by such agency;
          (5) a detailed projection of the administrative 
        budgetary impact of the establishment of the section on 
        minority business; and
          (6) a detailed set of objective criteria upon which 
        determinations will be made as to the qualifications of 
        minority business enterprises to receive contracts 
        funded by such agency.
    (c) \4\ (1) Upon the enactment of the International 
Development Cooperation Act of 1979, the section on minority 
business established pursuant to subsection (a) shall be 
redesignated as the Minority Resource Center (hereafter in this 
section referred to as the ``Center'') which shall be 
responsible for increasing the participation of economically 
and socially disadvantaged business enterprises in contract, 
procurement, grant, and research and development activities 
funded by the agency primarily responsible for administering 
part I of the Foreign Assistance Act of 1961 (hereafter in this 
section referred to as the ``agency'').
---------------------------------------------------------------------------
    \4\ Sec. 123 of the International Development Cooperation Act of 
1979 (Public Law 96-53; 93 Stat. 366) added subsec. (c), effective 
August 16, 1979.
---------------------------------------------------------------------------
    (2) The Center shall--
          (A) establish, maintain, and disseminate information 
        to, and otherwise serve as an information clearinghouse 
        for, economically and socially disadvantaged business 
        enterprises regarding business opportunities in 
        development assistance programs funded by the agency;
          (B) design and conduct programs to encourage, 
        promote, and assist economically and socially 
        disadvantaged business enterprises to secure direct 
        contracts, host country contracts, operation expatriate 
        contracts, indefinite quantity contracts, subcontracts, 
        projects, grants, and research and development 
        contracts in order for such enterprises to participate 
        in such development assistance programs;
          (C) conduct market research, planning, economic and 
        business analyses, and feasibility studies to identify 
        business opportunities in such development assistance 
        programs;
          (D) develop support mechanisms which will enable 
        socially and economically disadvantaged businesses to 
        take advantage of business opportunities in such 
        development assistance programs; and
          (E) enter into such contracts (to such extent or in 
        such amounts as are provided in appropriation Acts), 
        cooperative agreements, or other transactions as may be 
        necessary in the conduct of its functions under this 
        section.
    (3) The Administrator of the agency and the Secretary of 
State shall provide the Center with such relevant information, 
including procurement schedules, bids, and specifications with 
respect to development assistance programs funded by the 
agency, as may be requested by the Center in connection with 
the performance of its functions under this section.
    (4) There shall be a Director of the Center who shall be 
the chief executive officer of the Center. The Director shall 
be appointed by the Administrator of the agency.
    (5)(A) For the purposes of this section, the term 
``economically and socially disadvantaged enterprise'' means a 
business--
          (i) which is at least 51 percent owned by one or more 
        socially and economically disadvantaged individuals or, 
        in the case of a publicly owned business, at least 51 
        percent of the stock of which is owned by one or more 
        socially and economically disadvantaged individuals; 
        and
          (ii) whose management and daily business operations 
        are controlled by one or more such individuals.
    (B) Socially disadvantaged individuals are those who have 
been subjected to racial or ethnic prejudice or cultural bias 
because of their identity as a member of a group without regard 
to their individual qualities.
    (C) Economically disadvantaged individuals are those 
socially disadvantaged individuals whose ability to compete in 
the free enterprise system has been impaired due to diminished 
capital and credit opportunities as compared to others in the 
same business area who are not socially disadvantaged. In 
determining the degree of diminished credit and capital 
opportunities, the Administrator of the agency shall consider, 
but not be limited to, the assets and net worth of the socially 
disadvantaged individual.
    (6) \5\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \5\ Sec. 734(a)(6) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
para. (6), which had required an annual report concerning the 
activities of the Minority Resource Center. This same information is 
now required by sec. 634(a)(11) of the Foreign Assistance Act of 1961.
---------------------------------------------------------------------------
    (7) Of the funds available to the agency for operating 
expenses, up to $950,000 for fiscal year 1980 may be allocated 
to the Center to carry out its functions under this section.
    (8) If the Administrator of the agency determines that such 
a consolidation would significantly further the purposes of 
this section and would eliminate unnecessary duplication of 
activity, the Administrator may consolidate the Center with the 
Office of Small and Disadvantaged Business Utilization 
established in the agency by section 15(k) of the Small 
Business Act. Any such consolidation shall ensure that all the 
functions specified in paragraph (2) of this subsection 
continue to be carried out. Before implementing any such 
consolidation, the Administrator shall submit to the Congress a 
detailed report setting forth the reasons for the proposed 
consolidation.

                        TITLE II--FOOD FOR PEACE

          * * * * * * *
    Sec. 214.\6\ Study of Payments of Ocean Freight 
Differentials * * * [Repealed--1981]
---------------------------------------------------------------------------
    \6\ Sec. 734(a)(6) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 214, which had required a report from the President on the 
payments of ocean freight differentials.
---------------------------------------------------------------------------

                             EFFECTIVE DATE

    Sec. 215. The provisions of this title shall become 
effective October 1, 1977.
 dd. International Security Assistance and Arms Export Control Act of 
                                  1976

Partial text of Public Law 94-329 [H.R. 13680], 90 Stat. 729, approved 
June 30, 1976, as amended by Public Law 95-384 [International Security 
 Assistance Act of 1978, S. 3075], 92 Stat. 730 at 735, 737, and 747, 
approved September 26, 1978; Public Law 96-533 [International Security 
 and Development Cooperation Act of 1980, H.R. 6942], 94 Stat. 3131 at 
  3141, approved December 16, 1980; Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
 1519 at 1554 and 1560, approved December 29, 1981; and by Public Law 
103-199 [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 
                                17, 1993


          Note.--Except for the provisions noted below, the 
        International Security Assistance and Arms Export 
        Control Act of 1976 consists of amendments to the 
        Foreign Assistance Act of 1961, Foreign Assistance Act 
        of 1973, the Foreign Military Sales Act, the Foreign 
        Military Sales Act Amendments, 1971, and the Mutual 
        Security Act of 1954.



  AN ACT To amend the Foreign Assistance Act of 1961 and the Foreign 
              Military Sales Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``International Security Assistance and 
Arms Export Control Act of 1976''.
          * * * * * * *

             INTERNATIONAL MILITARY EDUCATION AND TRAINING

    Sec. 106. (a) * * *
    (b) * * *
    (c) \1\ Except as may be expressly provided to the contrary 
in this Act, all determinations, authorizations, regulations, 
orders, contracts, agreements, and other actions issued, 
undertaken, or entered into under authority of any provision of 
law amended or repealed by this section shall continue in full 
force and effect until modified, revoked, or superseded by 
appropriate authority.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2321a note.
---------------------------------------------------------------------------
     (d) \2\ Funds made available pursuant to other provisions 
of law for foreign military educational and training activities 
shall remain available for obligation and expenditure for their 
original purposes in accordance with the provisions of law 
originally applicable to those purposes or in accordance with 
the provisions of law currently applicable to those purposes.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2347 note.
---------------------------------------------------------------------------
          * * * * * * *

                           ARMS SALES POLICY

    Sec. 201. (a) * * *
    (b) Any reference to the Foreign Military Sales Act shall 
be deemed to be a reference to the Arms Export Control Act.
    Sec. 202. (a) * * *
    (b) \3\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \3\ Sec. 29(c)(1)(A) of the International Security Assistance Act 
of 1978 (Public Law 95-384; 92 Stat. 747) struck out subsec. (b), which 
had required a study by the President regarding U.S. arms sales 
policies and practices.
---------------------------------------------------------------------------
          * * * * * * *

      CONTROL OF LICENSES WITH RESPECT TO ARMS EXPORTS AND IMPORTS

    Sec. 212. (a) * * *
    (b)(1) Section 414 of the Mutual Security Act of 1954 is 
repealed. Any reference to such section shall be deemed to be a 
reference to section 38 of the Arms Export Control Act and any 
reference to licenses issued under section 38 of the Arms 
Export Control Act shall be deemed to include a reference to 
licenses issued under section 414 of the Mutual Security Act of 
1954.
    (2) All determinations, authorizations, regulations, 
orders, contracts, agreements, and other actions issued, 
undertaken, or entered into under section 414 of the Mutual 
Security Act of 1954 shall continue in full force and effect 
until modified, revoked, or superseded by appropriate 
authority.
           * * * * * * *
    Sec. 217.\4\ Report On Sales of Excess Defense Articles * * 
* [Repealed--1978]
---------------------------------------------------------------------------
    \4\ Sec. 29(c)(1) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 747) repealed secs. 217 and 218.
---------------------------------------------------------------------------
    Sec. 218.\4\ Study of the Effects of Arms Export Control 
Provisions * * * [Repealed--1978]
           * * * * * * *
    Sec. 404.\5\ Limitation on Certain Assistance to and 
Activities in Angola * * * [Repealed--1980]
---------------------------------------------------------------------------
    \5\ Sec. 118(e) of the International Security and Development 
Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3141) repealed 
sec. 404.
---------------------------------------------------------------------------
    Sec. 405.\6\ Soviet Intervention in Angola * * * 
[Repealed--1993]
---------------------------------------------------------------------------
    \6\ Sec. 703 of the FRIENDSHIP Act (Public Law 103-199; 107 Stat. 
2317) repealed sec. 405.
---------------------------------------------------------------------------
    Sec. 406.\7\ Limitations on Economic Assistance, Military 
Assistance, Sales, and Sales Credits for Chile * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \7\ Sec. 726(a) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1554) repealed 
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. While sec. 726 lifted this prohibition, 
it also imposed certain conditions and restrictions on future U.S. aid 
to Chile.
---------------------------------------------------------------------------

             CONTROL OF MILITARY FORCES IN THE INDIAN OCEAN

    Sec. 407.\8\ It is the sense of Congress that the President 
should undertake to enter into negotiations with the Soviet 
Union intended to achieve an agreement limiting the deployment 
of naval, air, and land forces of the Soviet Union and the 
United States in the Indian Ocean and littoral countries. Such 
negotiations should be convened as soon as possible and should 
consider, among other things, limitations with respect to--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          (1) the establishment or use of facilities for naval, 
        air, or land forces in the Indian Ocean and littoral 
        countries;
          (2) the number of naval vessels which may be deployed 
        in the Indian Ocean, or the number of ``shipdays'' 
        allowed therein; and
          (3) the type and number of military forces and 
        facilities allowed therein.
    (b) \9\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \9\ Sec. 29(c)(1)(D) of the International Security Assistance Act 
of 1978 (Public Law 95-384; 92 Stat. 747) struck out subsec. (b), which 
had required a report from the President concerning the steps he had 
taken to carry out the provisions of sec. 407.
---------------------------------------------------------------------------

              UNITED STATES CITIZENS IMPRISONED IN MEXICO

    Sec. 408.\10\ (a) The Congress, while sharing the concern 
of the President over the urgent need for international 
cooperation to restrict traffic in dangerous drugs, is 
convinced that such efforts must be consistent with respect for 
fundamental human rights. The Congress, therefore, calls upon 
the President to take steps to insure that United States 
efforts to secure stringent international law enforcement 
measures are combined with efforts to secure fair and humane 
treatment for citizens of all countries.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
    (b) The Congress requests that the President communicate 
directly to the President and Government of the Republic of 
Mexico, a nation with which we have friendly and cooperative 
relations, the continuing desire of the United States for such 
relations between our two countries and the concern of the 
United States over treatment of United States citizens arrested 
in Mexico.
    (2) \11\ * * * [Repealed--1978]
---------------------------------------------------------------------------
    \11\ Sec. 29(b) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 747) struck out para. (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.
---------------------------------------------------------------------------

                    EMERGENCY FOOD NEEDS OF PORTUGAL

    Sec. 409.\12\ It is the sense of the Congress that the 
President should undertake immediately an evaluation of the 
emergency food needs of Portugal. It is further the sense of 
the Congress that the President should take timely action to 
alleviate such emergency by providing Portugal with food 
commodities under the provisions of pertinent statutes.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2293 note.
---------------------------------------------------------------------------

                           STRIFE IN LEBANON

    Sec. 410.\13\ It is the sense of the Congress that the 
situation in Lebanon, a nation traditionally friendly to the 
United States, poses a danger to peace in the Middle East. The 
Congress deplores the armed civil strife and continuing erosion 
of national institutions which threaten to destroy the 
political and economic fabric of Lebanon with such tragic 
impact on all its people. The Congress views with grave concern 
any outside efforts to exploit the current strife with the 
purpose of transforming Lebanon into a radical state in 
confrontation with Israel. The Congress requests that the 
President use his good offices to secure an end to the civil 
strife and national discord in Lebanon and to preserve the 
traditional friendly attitude of Lebanon toward the United 
States.
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 2441 note.
---------------------------------------------------------------------------
          * * * * * * *

                                 KOREA

    Sec. 412.\14\ The Congress views with distress the erosion 
of important civil liberties in the Republic of Korea and 
requests that the President communicate this concern in 
forceful terms to the Government of the Republic of Korea 
within sixty days after enactment.
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 2428 note.
---------------------------------------------------------------------------

                     REPEAL OF INDOCHINA ASSISTANCE

    Sec. 413. (a) Part V of the Foreign Assistance Act of 1961 
and sections 34, 35, 36, 37, 38, 39, and 40 of the Foreign 
Assistance Act of 1974 are repealed. All determinations, 
authorizations, regulations, orders, contracts, agreements, and 
other actions issued, undertaken, or entered into under 
authority of any provision of law repealed by this section 
shall continue in full force and effect until modified, 
revoked, or superseded by appropriate authority.
    (b) Subject to the availability of appropriations 
therefore, the President is authorized to adopt as a contract 
of the United States Government, and assume any liabilities 
arising thereunder (in whole or in part), any contract which 
had been funded or approved for funding by the Agency for 
International Development prior to June 30, 1975, for financing 
with funds made available under the Foreign Assistance Act of 
1961 or the Foreign Assistance Act of 1974, or any equitable 
claim based upon a letter of intent issued prior to April 30, 
1975, in which the Agency had expressed its intention to 
finance a transaction subject to the availability of funds, 
between the former Governments of Vietnam or Cambodia 
(including any of their agencies) or the Government of Laos (or 
any of its agencies) and any person and to apply with respect 
to any such contract the authorities of the Foreign Assistance 
Act of 1961.
    (c) Funds made available for the purposes of part V of the 
Foreign Assistance Act of 1961 and of section 36 of the Foreign 
Assistance Act of 1974 (including amounts certified pursuant to 
section 1311 of the Supplemental Appropriation Act, 1955 (31 
U.S.C. 200), as having been obligated against appropriations 
heretofore made) are authorized to be appropriated, and 
thereafter, to remain available until expended, to meet 
necessary expenses arising from the actions authorized by 
subsection (b) of this section and such funds are authorized to 
remain available until expended to meet necessary expenses 
arising from the termination of assistance programs authorized 
by such part and such section 36, which expenses may include 
but need not be limited to the settlement of claims and 
associated personnel costs
          * * * * * * *

                     INTERIM QUARTER AUTHORIZATIONS

    Sec. 506.\15\ (a) Any authorization of appropriations in 
this Act, or in any amendment to any other law made by this 
Act, for the fiscal year 1976, shall be deemed to include an 
additional authorization of appropriations for the period 
beginning July 1, 1976, and ending September 30, 1976, in 
amounts which equal one-fourth of any amount authorized for the 
fiscal year 1976 and in accordance with the authorities 
applicable to operations and activities authorized under this 
Act or such other law, unless appropriations for the same 
purpose are specifically authorized in a law hereinafter 
enacted.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2162 note.
---------------------------------------------------------------------------
    (b) The aggregate total of credits, including 
participations in credits, extended pursuant to the Arms Export 
Control Act and of the principal amount of loans guaranteed 
pursuant to section 24(a) of such Act during the period 
beginning July 1, 1976, and ending September 30, 1976, may not 
exceed an amount equal to one-fourth of the amount authorized 
by section 31(b) of such Act to be extended and guaranteed for 
the fiscal year 1976.
    Sec. 507.\16\ Base Agreements With Spain, Greece, and 
Turkey * * * [Repealed--1981]
---------------------------------------------------------------------------
    \16\ Sec. 734(a)(14) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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.
---------------------------------------------------------------------------

                   TITLE VI--MISCELLANEOUS PROVISIONS

                   EXPEDITED PROCEDURE IN THE SENATE

    Sec. 601. (a)(1) The provisions of subsection (b) of this 
section shall apply with respect to the consideration in the 
Senate of any resolution required by law to be considered in 
accordance with such provisions.
    (2) Any such law shall--
          (A) state whether the term ``resolution'' as used in 
        subsection (b) of this section, means, for the purposes 
        of such law--
                  (i) a joint resolution; or
                  (ii) a resolution of either House of 
                Congress;
                  (iii) a concurrent resolution; and
          (B) specify the certification to which such 
        resolution shall apply.
    (b)(1) For purposes of any such law, the continuity of a 
session of Congress is broken only by an adjournment of the 
Congress sine die, and the days on which either House is not in 
session because of an adjournment of more than three days to a 
day certain are excluded in the computation of the period 
indicated.
    (2) Paragraphs (3) and (4) of this subsection are enacted--
          (A) as an exercise of the rulemaking power of the 
        Senate and as such they are deemed a part of the rules 
        of the Senate, but applicable only with respect to the 
        procedure to be followed in the Senate in the case of 
        resolutions described by subsection (a)(1) of this 
        section; and they supersede other rules of the Senate 
        only to the extent that they are inconsistent 
        therewith; and
          (B) with full recognition of the constitutional right 
        of the Senate to change such rules at any time, in the 
        same manner and to the same extent as in the case of 
        any other rule of the Senate.
    (3)(A) If the committee of the Senate to which has been 
referred a resolution relating to a certification has not 
reported such resolution at the end of ten calendar days after 
its introduction, not counting any day which is excluded under 
paragraph (1) of this subsection, it is in order to move either 
to discharge the committee from further consideration of the 
resolution or to discharge the committee from further 
consideration of any other resolution introduced with respect 
to the same certification which has been referred to the 
committee, except that no motion to discharge shall be in order 
after the committee has reported a resolution with respect to 
the same certification.
    (B) A motion to discharge under subparagraph (A) of this 
paragraph may be made only by a Senator favoring the 
resolution, is privileged, and debate thereon shall be limited 
to not more than 1 hour, to be divided equally between those 
favoring and those opposing the resolution, the time to be 
divided equally between, and controlled by, the majority leader 
and the minority leader or their designees. An amendment to the 
motion is not in order, and it is not in order to move to 
reconsider the vote by which the motion is agreed to or 
disagreed to.
    (4)(A) A motion in the Senate to proceed to the 
consideration of a resolution shall be privileged. An amendment 
to the motion shall not be in order, nor shall it be in order 
to move to reconsider the vote by which the motion is agreed to 
or disagreed to.
    (B) Debate in the Senate on a resolution, and all debatable 
motions and appeals in connection therewith, shall be limited 
to not more than 10 hours, to be equally divided between, and 
controlled by, the majority leader and the minority leader or 
their designees.
    (C) Debate in the Senate on any debatable motion or appeal 
in connection with a resolution shall be limited to not more 
than 1 hour, to be equally divided between, and controlled by, 
the mover and the manager of the resolution, except that in the 
event the manager of the resolution is in favor of any such 
motion or appeal, the time in opposition thereto, shall be 
controlled by the minority leader or his designee. Such 
leaders, or either of them, may, from time under their control 
on the passage of a resolution, allot additional time to any 
Senator during the consideration of any debatable motion or 
appeal.
    (D) A motion in the Senate to further limit debate on a 
resolution, debatable motion, or appeal is not debatable. No 
amendment to, or motion to recommit, a resolution is in order 
in the Senate.

                   PROCUREMENTS FROM SMALL BUSINESSES

    Sec. 602.\17\ In order to encourage procurements from small 
business concerns under chapter 4 of the Foreign Assistance Act 
of 1961, the Administrator of the Agency for International 
Development shall report to the Congress every six months on 
the extent to which small businesses have participated in 
procurements under such chapter and on what efforts the Agency 
has made to foster such procurements from small business 
concerns. The Small Business Administration shall lend all 
available assistance to the Agency for the purpose of carrying 
out this section.\18\
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 2352 note.
    \18\ The responsibilities vested to the Administrator of AID under 
this section were transferred to the Director of IDCA, pursuant to sec. 
6 of Reorganization Plan No. 2 of 1979 (establishing IDCA). The 
Reorganization Plan No. 2 or 1979, however, ceased to be in effect 
pursuant to sec. 1422(a)(1) of the Foreign Affairs Reform and 
Restructuring Act of 1998 (division G of Public Law 105-277; 112 Stat. 
2681).
---------------------------------------------------------------------------
          * * * * * * *

                            USE OF PERSONNEL

    Sec. 605.\19\ (a) Nothing in this Act is intended to 
authorize any additional military or civilian personnel for the 
Department of Defense for the purposes of this Act, the Foreign 
Assistance Act of 1961, or the Arms Export Control Act. 
Personnel levels authorized in statutes authorizing 
appropriations for military and civilian personnel of the 
Department of Defense shall be controlling over all military 
and civilian personnel of the Department of Defense assigned to 
carry out functions under the Arms Export Control Act and the 
Foreign Assistance Act of 1961.
---------------------------------------------------------------------------
    \19\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------
          * * * * * * *

                     EXTORTION AND ILLEGAL PAYMENTS

    Sec. 607.\20\ Within 60 days after receiving information 
which substantiates that officials of a foreign country 
receiving international security assistance have (1) received 
illegal or otherwise improper payments from a United States 
corporation in return for a contract to purchase defense 
articles or services from such corporation, or (2) extorted, or 
attempted to extort, money or other things of value in return 
for actions by officials of that country that permit a United 
States citizen or corporation to conduct business in that 
country, the President shall submit to Congress a report 
outlining the circumstances of such payment or extortion. The 
report shall contain a recommendation from the President as to 
whether the United States should continue a security assistance 
program for that country.
---------------------------------------------------------------------------
    \20\ 22 U.S.C. 2394a.
---------------------------------------------------------------------------

              EXTENSION OF AIRPORT AT PINECREEK, MINNESOTA

    Sec. 608. The consent of Congress is hereby granted for the 
State of Minnesota or a subdivision or instrumentality thereof 
to enter into an agreement with the Government of Canada, a 
Canadian Province, or a subdivision or instrumentality of 
either, providing for the extension of the Pinecreek Airport at 
Pinecreek, Minnesota, into the Province of Manitoba, Canada, 
and the operation of the airport by a joint Canadian-American 
airport authority. The effectiveness of such agreement shall be 
conditioned on its approval by the Secretary of State.
     ee. International Development and Food Assistance Act of 1975

 Partial text of Public Law 94-161 [H.R. 9005], 89 Stat. 849, approved 
   December 20, 1975, as amended by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
                1519 at 1560, approved December 29, 1981


          Note.--Except for the provisions noted below, the 
        International Development and Food Assistance Act of 
        1975 consists of amendments to the Foreign Assistance 
        Act of 1961, the Foreign Assistance Act of 1974, and 
        the Agricultural Trade Development and Assistance Act 
        of 1954 (Public Law 480).



AN ACT To authorize assistance for disaster relief and rehabilitation, 
  to provide for overseas distribution and production of agricultural 
  commodities, to amend the Foreign Assistance Act of 1961, and other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``International Development and Food 
Assistance Act of 1975''.
          * * * * * * *
    Sec. 213.\1\ Report Regarding Implementation of 
Recommendations of World Food Conference * * * [Repealed--1981]
---------------------------------------------------------------------------
    \1\ Sec. 734(a)(7) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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. The President submitted this report to Congress on November 
1, 1976.
---------------------------------------------------------------------------
          * * * * * * *

                   LIMITATION ON ASSISTANCE TO CHILE

    Sec. 320. Notwithstanding any other provision of law, the 
total amount of economic assistance (including but not limited 
to housing guaranties and sales under title I of the 
Agricultural Trade Development and Assistance Act of 1954) that 
may be made available to Chile may not exceed $90,000,000 
during the fiscal year 1976.

               SETTLEMENT OF DEBT OWED THE UNITED STATES

    Sec. 321.\2\ No debt owed to the United States by any 
foreign country with respect to the payment of any loan made 
under any program funded under this Act may be settled in an 
amount less than the full amount of such debt unless the 
Congress by concurrent resolution approves of such settlement.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2220a note. Sec. 565 of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2006 (Public 
Law 109-102; 119 Stat. 2225), provided the following:
---------------------------------------------------------------------------

``Special Debt Relief for the Poorest
---------------------------------------------------------------------------

    ``Sec. 565. (a) Authority To Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
---------------------------------------------------------------------------

  ``(1) guarantees issued under sections 221 and 222 of the Foreign 
Assistance Act of 1961;

  ``(2) credits extended or guarantees issued under the Arms Export Control 
Act; or

  ``(3) any obligation or portion of such obligation, to pay for purchases 
of United States agricultural commodities guaranteed by the Commodity 
Credit Corporation under export credit guarantee programs authorized 
pursuant to section 5(f) of the Commodity Credit Corporation Charter Act of 
June 29, 1948, as amended, section 4(b) of the Food for Peace Act of 1966, 
as amended (Public Law 89-808), or section 202 of the Agricultural Trade 
Act of 1978, as amended (Public Law 95-501).
---------------------------------------------------------------------------

    ``(b) Limitations.--
---------------------------------------------------------------------------

  ``(1) The authority provided by subsection (a) may be exercised only to 
implement multilateral official debt relief and referendum agreements, 
commonly referred to as `Paris Club Agreed Minutes'.

  ``(2) The authority provided by subsection (a) may be exercised only in 
such amounts or to such extent as is provided in advance by appropriations 
Acts.

  ``(3) The authority provided by subsection (a) may be exercised only with 
respect to countries with heavy debt burdens that are eligible to borrow 
from the International Development Association, but not from the 
International Bank for Reconstruction and Development, commonly referred to 
as `IDA-only' countries.
---------------------------------------------------------------------------

    ``(c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
---------------------------------------------------------------------------

  ``(1) does not have an excessive level of military expenditures;

  ``(2) has not repeatedly provided support for acts of international 
terrorism;

  ``(3) is not failing to cooperate on international narcotics control 
matters;

  ``(4) (including its military or other security forces) does not engage 
in a consistent pattern of gross violations of internationally recognized 
human rights; and

  ``(5) is not ineligible for assistance because of the application of 
section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 
and 1995.
---------------------------------------------------------------------------

    ``(d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to the funds appropriated by this Act 
under the heading `Debt Restructuring'.
    ``(e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for the 
purposes of any provision of law limiting assistance to a country. The 
authority provided by subsection (a) may be exercised notwithstanding 
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of 
the International Development and Food Assistance Act of 1975.''.
---------------------------------------------------------------------------

 PARTICIPATION BY OTHER COUNTRIES IN PROVIDING ASSISTANCE TO ISRAEL OR 
                                 EGYPT

    Sec. 322. It is the sense of the Senate that the President 
should attempt to negotiate an equitable share of participation 
by the countries of Western Europe, Japan, and the United 
Nations in providing assistance to Israel or Egypt.
                   ff. Foreign Assistance Act of 1974

 Partial text of Public Law 93-559 [S. 3394], 88 Stat. 1795, approved 
   December 30, 1974, as amended by Public Law 94-329 [International 
 Security Assistance and Arms Export Control Act of 1976, H.R. 13680], 
 90 Stat. 729 at 761, approved June 30, 1976; and by Public Law 97-113 
  [International Security and Development Cooperation Act of 1981, S. 
        1196], 95 Stat. 1519 at 1560, approved December 29, 1981


          Note.--Except for the provisions noted below, the 
        Foreign Assistance Act of 1974 consists of amendments 
        to the Foreign Assistance Act of 1961, the Foreign 
        Military Sales Act, and the 1971 Act to amend the FMS 
        Act.



   AN ACT To amend the Foreign Assistance Act of 1961, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Assistance Act of 1974''.
          * * * * * * *
    Sec. 3.\1\ Ceiling on Fertilizers to South Vietnam * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \1\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 17.\2\ Review of Military Assistance Program * * * 
[Repealed--1978]
---------------------------------------------------------------------------
    \2\ Sec. 29(c)(4) of the International Security Assistance Act of 
1978 (Public Law 95-384; 92 Stat. 747) repealed sec. 17.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 25.\3\ Limitation Upon Assistance to or for Chile * * 
* [Repealed--1981]
---------------------------------------------------------------------------
    \3\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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).
---------------------------------------------------------------------------
    Sec. 26.\4\ Limitation on Military Assistance and Excess 
Defense Articles to Korea * * * [Repealed--1981]
---------------------------------------------------------------------------
    \4\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-118; 95 Stat. 1560) repealed 
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.
---------------------------------------------------------------------------
    Sec. 27.\5\ Limitation on Assistance for India * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \5\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113 95 Stat. 1560) repealed sec. 
27, which had set a limit of $50,000,000 in economic and military 
assistance for India during fiscal year 1975.
---------------------------------------------------------------------------

                       FAMINE OR DISASTER RELIEF

    Sec. 28.\6\ (a) * * *
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2399 note.
---------------------------------------------------------------------------
    (b) Of the funds appropriated to carry out section 639 of 
the Foreign Assistance Act of 1961, during fiscal year 1975 not 
less than $25,000,000 shall be made available to Cyprus for the 
purposes of such section 639.
          * * * * * * *
    Secs. 34-40.\7\ * * * [Repealed--1976]
---------------------------------------------------------------------------
    \7\ Sec. 413(a) of the International Security Assistance and Arms 
Export Control Act of 1976 (Public Law 94-329; 90 Stat. 761) repealed 
secs. 34, 35, 36, 37, 38, 39, and 40, all relating to U.S. Policy in 
Indochina.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 43.\8\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \8\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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.
---------------------------------------------------------------------------
          * * * * * * *

                       GORGAS MEMORIAL INSTITUTE

    Sec. 47. The first section of the Act entitled ``An Act to 
authorize a permanent annual appropriation for the maintenance 
and operation of the Gorgas Memorial'', approved May 7, 
1928,\9\ is amended by striking out ``$500,000'' and inserting 
``$2,000,000'' in lieu thereof.
---------------------------------------------------------------------------
    \9\ 22 U.S.C. 278.
---------------------------------------------------------------------------

     INTERNATIONAL COMMISSION OF CONTROL AND SUPERVISION IN VIETNAM

    Sec. 48.\10\ (a) There are authorized to be appropriated to 
the Department of State for fiscal year 1975 not to exceed 
$16,526,000 for payments by the United States to help meet 
expenses of the International Commission of Control and 
Supervision in Vietnam. Funds appropriated under this 
subsection are authorized to be made available for 
reimbursement to the Agency for International Development of 
amounts expended by the Agency during fiscal year 1975 as 
interim United States payments to help meet expenses of the 
International Commission of Control and Supervision.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2431 note.
---------------------------------------------------------------------------
    (b) There are authorized to be appropriated to the 
Department of State not to exceed $11,200,000 for reimbursement 
to the Agency for International Development of amounts expended 
by the Agency for International Development to help meet 
expenses of the International Commission on Control and 
Supervision in fiscal year 1974.
    (c) Reimbursements received by the Agency for International 
Development under this section may be credited to applicable 
appropriations of the Agency and shall be available for the 
purposes for which such appropriations are authorized to be 
used during fiscal year 1975.
    Sec. 49.\11\ Policy on Assistance to Africa * * * 
[Repealed--1981]
---------------------------------------------------------------------------
    \11\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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.
---------------------------------------------------------------------------

  POLICY ON THE INDEPENDENCE OF ANGOLA, MOZAMBIQUE, AND GUINEA-BISSAU

    Sec. 50.\12\ (a)(1) Congress finds that the Government of 
Portugal's recognition of the right to independence of the 
African territories of Angola, Mozambique, and Guinea-Bissau 
marks a significant advance toward the goal of self-
determination for all the peoples of Africa, without which 
peace on the continent is not secure.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2166 note.
---------------------------------------------------------------------------
    (2) Congress finds that progress toward independence for 
the Portuguese African territories will have a significant 
impact on the international organizations and the community of 
nations.
    (3) Congress commends the Portuguese Government's 
initiatives on these fronts as evidence of a reaffirmation of 
that Government's support for her obligations under both the 
United Nations Charter and the North Atlantic Treaty 
Organizations.
    (b) Therefore, Congress calls upon the President and the 
Secretary of State to take the following actions designed to 
make clear United States support for a peaceful and orderly 
transition to independence in the Portuguese African 
territories:
          (1) An official statement should be issued of United 
        States support for the independence of Angola, 
        Mozambique, and Guinea-Bissau, and of our desire to 
        have good relations with the future governments of the 
        countries.
          (2) It should be made clear to the Government of 
        Portugal that we view the efforts toward a peaceful and 
        just settlement of the conflict in the African 
        territories as consistent with Portugal's obligations 
        under the North Atlantic Treaty Organization 
        partnership.
          (3) The United States should encourage United Nations 
        support for a peaceful transition to independence, 
        negotiated settlement of all differences, and the 
        protection of human rights of all citizens of the three 
        territories.
          (4) The United States should open a dialog with 
        potential leaders of Angola, Mozambique, and Guinea-
        Bissau and assure them of our commitment to their 
        genuine political and economic independence.
          (5) The economic development needs of the three 
        territories will be immense when independence is 
        achieved. Therefore, it is urged that the United States 
        Agency for International Development devote attention 
        to assessing the economic situation in Angola, 
        Mozambique, and Guinea-Bissau and be ready to cooperate 
        with the future governments in providing the kind of 
        assistance that will help make their independence 
        viable. In addition, the United States Government 
        should take the initiative among other donors, both 
        bilateral and multilateral, in seeking significant 
        contribution of development assistance for the three 
        territories.
          (6) In light of the need of Angola, Mozambique, and 
        Guinea-Bissau for skilled and educated manpower, a 
        priority consideration should be given to expanding 
        current United States programs of educational 
        assistance to the territories as a timely and 
        substantive contribution to their independence.
    (c) \13\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \13\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (c), which had required a report from the President on the 
implementation of the proposals outlined in subsec. (b). The President 
submitted this report to Congress on June 4, 1975.
---------------------------------------------------------------------------

                        CONVENTIONAL ARMS TRADE

    Sec. 51.\14\ (a) It is the sense of the Congress that the 
recent growth in international transfers of conventional arms 
to developing nations--
---------------------------------------------------------------------------
    \14\ 22 U.S.C. 2551 note.
---------------------------------------------------------------------------
          (1) is a cause for grave concern for the United 
        States and other nations in that in particular areas of 
        the world it increases the danger of potential violence 
        among nations, and diverts scarce world resources from 
        more peaceful uses; and
          (2) could be controlled progressively through 
        negotiations and agreements among supplier and 
        recipient nations.
    (b) Therefore, the President is urged to propose to the 
Geneva Conference of the Committee on Disarmament that it 
consider as a high priority agenda item discussions among 
participating nations of that Conference for the purposes of--
          (1) agreeing to workable limitations on conventional 
        arms transfers; and
          (2) establishing a mechanism through which such 
        limitations could be effectively monitored.
    (c) \15\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \15\ Sec. 734(a)(8) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (c), which had required a report from the President on steps he 
has taken to carry out this section. The President submitted this 
report on June 30, 1975.
---------------------------------------------------------------------------

      INVOLVEMENT OF PUERTO RICO IN THE CARIBBEAN DEVELOPMENT BANK

    Sec. 52. (a) The President may transmit to the Caribbean 
Development Bank an instrument stating that the Commonwealth of 
Puerto Rico has the authority to conclude an agreement of 
accession with such Bank and to assume rights and obligations 
pursuant to such agreement. However, such agreement may only be 
concluded after it has been approved by the United States 
Secretary of State.
    (b) The instrument transmitted by the President to the 
Caribbean Development Bank under subsection (a) shall state 
that the United States shall not assume any financial or other 
responsibility for the performance of any obligation incurred 
by the Commonwealth of Puerto Rico pursuant to such agreement 
of accession or pursuant to any other aspect of its membership 
or participation in such Bank.
    (c) Such agreement of accession shall provide that the 
Commonwealth of Puerto Rico may not receive from the Caribbean 
Development Bank any funds provided to the Bank by the United 
States.
          * * * * * * *

   POLICY WITH RESPECT TO COUNTRIES MOST SERIOUSLY AFFECTED BY FOOD 
                               SHORTAGES

    Sec. 55.\16\ (a) The United Nations has designated thirty-
two countries as ``Most Seriously Affected'' by the current 
economics crisis. These are countries without the internal food 
production capability or the foreign exchange availability to 
secure food to meet their immediate food requirements. The 
Congress calls upon the President and Secretary of State to 
take the following actions designed to mobilize appropriate 
resources to meet the food emergency:
---------------------------------------------------------------------------
    \16\ 22 U.S.C. 2175 note.
---------------------------------------------------------------------------
          (1) Review and make appropriate adjustments in the 
        level of programming of our food and fertilizer 
        assistance programs with the aim of increasing to the 
        maximum extent feasible the volume of food and 
        fertilizer available to those countries most seriously 
        affected by current food shortages.
          (2) Call upon all traditional and potential new 
        donors of food, fertilizer, or the means financing 
        these commodities to immediately increase their 
        participation in efforts to address the emergency food 
        needs of the developing world.
          (3) Make available to these most seriously affected 
        countries the maximum feasible volume of food 
        commodities, with appropriate regard to the current 
        domestic price and supply situations.
          (4) Maintain regular and full consultation with the 
        appropriate committees of the Congress and report to 
        the Congress and the Nation on steps which are being 
        taken to help meet this food emergency. In accordance 
        with this provision, the President shall report to the 
        Congress on a global assessment of food needs for 
        fiscal year 1975, specifying expected food grain 
        deficits and currently planned programming of food 
        assistance, and steps which are being taken to 
        encourage other countries to increase their 
        participation in food assistance or the financing of 
        food assistance. Such report should reach the Congress 
        promptly and should be supplemented quarterly for the 
        remainder of fiscal year 1975.
          (5) The Congress directs that during the fiscal year 
        ending June 30, 1975, not more than 30 percent of 
        concessional food aid should be allocated to countries 
        other than those which are most seriously affected by 
        current food shortages, unless the President 
        demonstrates to the appropriate Committees of the 
        Congress that use of such food assistance is solely for 
        humanitarian food purposes.
          (6) The Congress calls upon the President to proceed 
        with the implementation of resolutions and 
        recommendations adopted by the World Food Conference. 
        The Congress believes that it is incumbent upon the 
        United States to take a leading role in assisting in 
        the development of a viable and coherent world food 
        policy which would begin the task of alleviating 
        widespread hunger and suffering prevalent in famine-
        stricken nations. The President shall report to the 
        Congress within 120 days of enactment of this Act on 
        the implementation of the resolutions and the extent to 
        which the United States is participating in the 
        implementation of resolutions adopted at the World Food 
        Conference.

                     REPAYMENT OF LOANS IN DEFAULT

    Sec. 56.\17\ It is the sense of the Congress that any 
country receiving assistance under the Foreign Assistance Act 
of 1961 which is in default, at least 90 days prior to the date 
of enactment of this Act, of any payment of principal or 
interest due on any loan or credit received from the United 
States shall promptly pay all such principal and interest. It 
is further the sense of the Congress that the President shall 
promptly enter into negotiations with each such country to help 
effectuate the payment of such principal and interest, or to 
effectuate the transfer by such country to the United States of 
goods, services, concessions, or actions beneficial to the 
United States, in lieu of the payment of such principal and 
interest.
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 2379 note.
                   gg. Foreign Assistance Act of 1973

  Partial text of Public Law 93-189 [S. 1443], 87 Stat. 714, approved 
   December 17, 1973; as amended by Public Law 97-113 [International 
 Security and Development Cooperation Act of 1981, S. 1196], 95 Stat. 
  1519 at 1560, approved December 29, 1981; and by Public Law 106-113 
      [Foreign Operations, Export Financing, and Related Programs 
   Appropriations Act, 2000; H.R. 3422, enacted by reference in sec. 
        1000(a)(2)], 113 Stat. 1535, approved November 29, 1999


          Note.--Except for the provisions noted below, the 
        Foreign Assistance Act of 1973 consists of amendments 
        to the Foreign Assistance Act of 1961, the Foreign 
        Military Sales Act, the 1971 Act to amend the FMS Act, 
        and Sec. 414 of the Mutual Security Act of 1954.


          * * * * * * *
    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Assistance Act of 1973''.
          * * * * * * *

                         ASIAN DEVELOPMENT BANK

    Sec. 28.\1\ Section 17 of the Asian Development Bank Act 
\2\ is amended by striking out ``$60,000,000 for fiscal year 
1972 and $40,000,000 for fiscal year 1973'' and inserting in 
lieu thereof ``$100,000,000''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
    \2\ For text, see Legislation on Foreign Relations Through 2005, 
vol. III, sec. I.
---------------------------------------------------------------------------
    Sec. 29.\3\ * * * [Repealed--1974]
---------------------------------------------------------------------------
    \3\ Sec. 29(b) of the FA Act of 1974 (Public Law 93-559) repealed 
sec. 29 relating to access to certain military bases abroad.
---------------------------------------------------------------------------

                      TERMINATION OF INDOCHINA WAR

    Sec. 30.\1\ No funds authorized or appropriated under this 
or any other law may be expended to finance military or 
paramilitary operations by the United States in or over 
Vietnam, Laos, or Cambodia.

                       LIMITATION ON USE OF FUNDS

    Sec. 31.\1\ No funds authorized or appropriated under any 
provision of law shall be made available for the purpose of 
financing directly or indirectly any military or paramilitary 
combat operations by foreign forces in Laos, Cambodia, North 
Vietnam, South Vietnam, or Thailand unless (1) such operations 
are conducted by the forces of that government receiving such 
funds within the borders of that country, or (2) specifically 
authorized by law enacted after the date of enactment of this 
Act.

                          POLITICAL PRISONERS

    Sec. 32.\4\ It is the sense of Congress that the President 
should deny any economic or military assistance to the 
government of any foreign country which practices the 
internment or imprisonment of that country's citizens for 
political purposes.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

                       ALBERT SCHWEITZER HOSPITAL

    Sec. 33.\4\ There is authorized to be appropriated to the 
President for fiscal year 1974 $1,000,000 \5\ to make grants, 
on such terms and conditions as he may specify, to the Albert 
Schweitzer Hospital in Gabon.
---------------------------------------------------------------------------
    \5\ The Foreign Assistance and Related Programs Appropriations Act, 
1974 (Public Law 93-240; 87 Stat. 1175), appropriated $1,000,000.
---------------------------------------------------------------------------

           PRISONERS OF WAR AND INDIVIDUALS MISSING IN ACTION

    Sec. 34.\4\ (a) The Congress declares that--
          (1) the families of those one thousand three hundred 
        individuals missing in action during the Indochina 
        conflict have suffered extraordinary torment in 
        ascertaining the full and complete information about 
        their loved ones who are formally classified as missing 
        in action;
          (2) United States involvement in the Indochina 
        conflict has come to a negotiated end with the signing 
        of the Vietnam Agreement in Paris on January 27, 1973, 
        and section 307 of the Second Supplemental 
        Appropriations Act, 1973, requires that ``None of the 
        funds herein appropriated under this Act may be 
        expended to support directly or indirectly combat 
        activities in or over Cambodia, Laos, North Vietnam and 
        South Vietnam or off the shores of Cambodia, Laos, 
        North Vietnam and South Vietnam by United States 
        forces, and after August 15, 1973, no other funds 
        heretofore appropriated under any other Act may be 
        expended for such purpose.'';
          (3) the question of the return of prisoners of war 
        and accounting for individuals missing in action and 
        dead in Laos is covered by article 18 of the Protocol 
        signed by representatives of the Lao Patriotic Front 
        (Pathet Lao) and the Royal Laotian Government in 
        Vientiane on September 14, 1973 (which implements 
        article 5 of the Agreement signed by the Pathet Lao and 
        that government in Vientiane on February 21, 1973, 
        requiring the release of all prisoners ``regardless of 
        nationality'' captured and held in Laos), and paragraph 
        C of such article 18 provides that, within ``15 to 30 
        days'' from the date of the signing of the Protocol, 
        each side is to report the number of those prisoners 
        and individuals still held, with an indication of their 
        nationality and status, together with a list of names 
        and any who died in captivity; and
          (4) few of the United States men lost in Laos during 
        the military engagements in Indochina have been 
        returned, and with knowledge about many of these men 
        not yet being fully disclosed, and the North Vietnam 
        cease-fire provisions calling for inspection of crash 
        and grave sites and for other forms of cooperation have 
        not been fully complied with.
    (b) It is, therefore, the sense of the Congress that--
          (1) the provisions for the release of prisoners and 
        an accounting of individuals missing and dead, as 
        provided for in article 18 of the Protocol signed on 
        September 14, 1973, by the Pathet Lao and the Royal 
        Laotian Government, be adhered to in spirit and in 
        deed; and
          (2) the faithful compliance with the spirit of the 
        Laotian Agreement and Protocol on the question of 
        individuals missing in action will encourage all 
        parties in Indochina to cooperate in providing complete 
        information on all nationals of any nation who may be 
        captured or missing at any place in Indochina.

                            RIGHTS IN CHILE

    Sec. 35.\6\ It is the sense of the Congress that (1) the 
President should request the Government of Chile to protect the 
human rights of all individuals, Chilean and foreign, as 
provided in the Universal Declaration of Human Rights, the 
Convention and Protocol Relating the Status of Refugees, and 
other relevant international legal instruments guaranteeing the 
granting of asylum, safe conduct, and the humane treatment or 
release of prisoners; (2) the President should support 
international humanitarian initiatives by the United Nations 
High Commissioner for Refugees and the International Committee 
of the Red Cross to insure the protection and safe conduct and 
resettlement of political refugees, the humane treatment of 
political prisoners, and the full inspection of detention 
facilities under international auspices; (3) the President 
should support and facilitate efforts by voluntary agencies to 
meet emergency relief needs; and (4) the President should 
request of the Inter-American Commission on Human Rights to 
undertake an immediate inquiry into recent events occurring in 
Chile.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------

            REVISION OF SOCIAL PROGRESS TRUST FUND AGREEMENT

    Sec. 36.\7\ (a) The President or his delegate shall seek, 
as soon as possible, a revision of the Social Progress Trust 
Fund Agreement (dated June 19, 1961) between the United States 
and the Inter-American Development Bank. Such revision should 
provide for the--\8\
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 1942 note.
    \8\ Sec. 586 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
authorized the President to abolish the Inter-American Foundation and 
made conforming amendments to legislation related to the Inter-American 
Foundation to reflect the abolishment. These amendments are to be 
effective and executed only after the Director of the Office of 
Management and Budget transmits to Congress a certification that 
responsibilities delegated to the Director, primarily that of 
administering and winding-up any outstanding obligations of the Inter-
American Foundation, have been fully discharged.
    That certification and subsequent administration have not yet been 
executed. Upon execution of these requirements, sec. 586(h)(2)(A)(i) of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 
1000(a)(2) of Public Law 106-113; 113 Stat. 1535), will strike out 
``provide for the--'' at this point, strike out para. (1), and strike 
out para. designation ``(2)''.
---------------------------------------------------------------------------
          (1) \8\ periodic transfer of unencumbered capital 
        resources of such trust fund, and of any future 
        repayments or other accruals otherwise payable to such 
        trust fund, to the Inter-American Foundation, to be 
        administered by the Foundation for purposes of part IV 
        of the Foreign Assistance Act of 1969 (22 U.S.C. 290f 
        and following);
          (2) utilization of such unencumbered capital 
        resources, future repayments, and other accruals by the 
        Inter-American Development Bank for purposes of 
        sections 1 and 2 of the Latin American Development Act 
        \9\ (22 U.S.C. 1942 and 1943) in such a way that the 
        resources received in the currencies of the more 
        developed member countries are utilized to the extent 
        possible for the benefit of the lesser developed member 
        countries; or
---------------------------------------------------------------------------
    \9\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-B.
---------------------------------------------------------------------------
          (3) \10\ both the transfer described in paragraph (1) 
        and the utilization described in paragraph (2).
---------------------------------------------------------------------------
    \10\ Sec. 586(h)(2)(A)(ii) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2000 (H.R. 3422, 
enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113 
Stat. 1535), will strike out para. (3), upon execution of that 
section's requirements.
---------------------------------------------------------------------------
    (b) Any transfer or \11\ utilization under this section 
shall be in such proportions as may be agreed to between the 
United States and the Inter-American Development Bank.
---------------------------------------------------------------------------
    \11\ Sec. 586(h)(2)(B) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2000 (H.R. 3422, enacted by 
reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535), 
will strike out ``transfer or'' upon execution of that section's 
requirements. Sec. 586(h)(2)(C) of that Act will strike out subsec. 
(c), upon execution of that section's requirements, and will 
redesignate subsec. (d) as subsec. (c).
---------------------------------------------------------------------------
    (c) \11\ Any transfer under subsection (a)(1) shall be in 
the amounts, and in available currencies, determined in 
consultation with the Inter-American Foundation, to be required 
for its program purposes.''.
    (d) \11\ The revision of the Social Progress Trust Fund 
Agreement pursuant to this section shall provide that the 
President or his delegate shall specify, from time to time, 
after consultation with the Inter-American Development Bank, 
the particular currencies to be used in making the transfer of 
\11\ utilization described in the section.
    (e) \12\ * * * [Repealed--1981]
---------------------------------------------------------------------------
    \12\ Sec. 734(a)(9) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) struck out 
subsec. (e), which had required a report from the President on his 
action taken pursuant to this section. The President submitted this 
report on January 3, 1974.
---------------------------------------------------------------------------
    Sec. 37.\13\ Prohibition on Assistance to North Vietnam * * 
* [Repealed--1981]
---------------------------------------------------------------------------
    \13\ Sec. 734(a)(9) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
sec. 37, which had prohibited the use of funds authorized in this Act 
(fiscal year 1974) for assistance to North Vietnam.
---------------------------------------------------------------------------
    Sec. 38.\14\ Report Concerning Certain Use of Military 
Assistance in Africa * * * [Repealed--1981]
---------------------------------------------------------------------------
    \14\ Sec. 734(a)(9) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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. The President submitted this 
determination to Congress on May 3, 1974.
---------------------------------------------------------------------------

                          WORLD FOOD SHORTAGES

    Sec. 39.\15\ (a) It is the sense of the Congress that the 
United States should participate fully in efforts to alleviate 
current and future food shortages which threaten the world. To 
this end, the President shall--
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2220 note.
---------------------------------------------------------------------------
          (1) encourage, support, and expedite studies relating 
        to the long-range implications of the world food 
        situation (including studies of national and world 
        production, distribution, and utilization of 
        agricultural commodities and other foodstuffs) and 
        support the organizing of a world food conference under 
        United Nations auspices in 1974;
          (2) request the member nations of the General 
        Agreement on Tariffs and Trade to explore the means of 
        assuring equitable access by all nations to national 
        markets and mineral and agricultural resources;
          (3) Consult and cooperate with appropriate 
        international agencies, such as the Food and 
        Agricultural Organization of the United Nations, in 
        determining the need for, the feasibility of, and cost 
        of an equitably-shared basis of, establishing an 
        international system of strategic food reserves; and
          (4) report his findings and recommendations to the 
        Congress on the implementation of this section no later 
        than December 31, 1974.
    (b) It is further the sense of the Congress that--
          (1) in making assessments which would affect or 
        relate to the level of domestic production, the 
        Executive Branch should include in the estimates of 
        overall utilization the expected demands for 
        humanitarian food assistance through such programs as 
        are carried out under the Agricultural Trade 
        Development and Assistance Act of 1954 (Public Law 
        480); and
          (2) legislation providing increased flexibility for 
        responding to emergency and humanitarian requirements 
        for food assistance should be considered as promptly as 
        possible to the end that the last sentence of section 
        401 of the Agricultural Trade Development and 
        Assistance Act of 1954 (Public Law 480), may be amended 
        by striking the period and inserting in lieu thereof a 
        comma and the following: ``unless the Secretary 
        determines that some part of the exportable supply 
        should be used to carry out the national interest and 
        humanitarian objectives of this Act.''

                      USE OF LOCAL CURRENCIES \16\

    Sec. 40.\17\ Effective July 1, 1974, no amount of any 
foreign currency (including principal and interest from loan 
repayments) which accrues in connection with any sale for 
foreign currency under any provision of law may be used under 
any agreement entered into after the date of the enactment of 
this Act, or any revision or extension entered into after such 
date of any prior or subsequent agreement, to provide any 
assistance to any foreign country to procure equipment, 
materials, facilities, or services for the common defense, 
including internal security unless such agreement is 
specifically authorized by legislation enacted after such date.
---------------------------------------------------------------------------
    \16\ See also Mutual Security Act of 1954, as amended (Public Law 
83-665; 68 Stat. 832), sec. 502, Use of Foreign Currencies, in 
Legislation on Foreign Relations Through 2005, vol. I-B.
    \17\ 22 U.S.C. 2151 note.
                   hh. Foreign Assistance Act of 1971

  Partial text of Public Law 92-226 [S. 2819], 86 Stat. 20, approved 
                            February 7, 1972

   AN ACT To amend the Foreign Assistance Act of 1961, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Foreign Assistance Act of 1971''.


          Note.--Except for the provisions quoted here, the 
        Foreign Assistance Act of 1971 consists of amendments 
        to the Foreign Assistance Act of 1961, the Foreign 
        Military Sales Act, the 1971 Act to amend the FMS Act, 
        the Act to authorize participation by the United States 
        in the Interparliamentary Union, the Joint Resolution 
        to authorize participation by the United States in 
        parliamentary conferences of the North Atlantic Treaty 
        Organization, Part IV of the Foreign Assistance Act of 
        1969, the Act to provide certain basic authority for 
        the Department of State, the United States Information 
        and Educational Exchange Act of 1948, the Special 
        Foreign Assistance Act of 1971, and Public Law 89-367 
        (Armed Forces Appropriation Authorization, 1966).



                         FOOD-FOR-PEACE PROGRAM

    Sec. 2.\1\ It is the sense of the Congress that funds to 
administer the food-for-peace program should not be reduced as 
the result of any reduction in the authorizations provided to 
carry out the Foreign Assistance Act of 1961.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note. See also the Food for Peace Act of 1966 
(Public Law 89-808; 80 Stat. 1526), in Legislation on Foreign Relations 
Through 2005, vol. I-B.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 304. * * *
    (c) * * *
    (3) The provisions of this subsection \2\ and section 657 
of such Act, as added by subsection (b) of this Act, shall 
apply with respect to each fiscal year commencing on or after 
July 1, 1971.
---------------------------------------------------------------------------
    \2\ This subsection provided that the definition of ``Value'' 
appearing in sec. 644(m) was not applicable when the word ``Value'' was 
used in sec. 657.
---------------------------------------------------------------------------

                   PART IV--MISCELLANEOUS PROVISIONS

          * * * * * * *
    Sec. 403. Paragraph (9) of section 5314 of title 5, United 
States Code, relating to level III of the Executive Schedule, 
is amended by inserting before the period at the end thereof 
the following: ``and an Under Secretary of State for 
Coordinating Security Assistance Programs''.
          * * * * * * *
    Sec. 407.\3\ (a) It is the purpose of this section to 
enable the Congress generally, and the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives in particular, to carry out the 
purposes and intent of the Legislative Reorganization Acts of 
1946 and 1970, with respect to--
---------------------------------------------------------------------------
    \3\ See also sec. 15 of the State Department Basic Authorities Act 
of 1956 (Public Law 84-885; 70 Stat. 890), and sec. 701 of the United 
States Information and Education Exchange Act of 1948 (Public Law 80-
402; 62 Stat. 6), in Legislation on Foreign Relations Through 2005, 
vol. II, sec. E.
---------------------------------------------------------------------------
          (1) the analysis, appraisal, and evaluation of the 
        application, administration, and execution of the laws 
        relating to the Department of State and the United 
        States Information Agency and of matters relating to 
        the foreign relations of the United States; and
          (2) providing periodic authorizations of 
        appropriations for that Department and Agency.
          * * * * * * *
    Sec. 410.\4\ The Congress strongly urges the President to 
undertake such negotiations as may be necessary to implement 
that portion of the recommendations of the Report of the 
President's Commission for the Observance of the Twenty-fifth 
Anniversary of the United Nations (known as the ``Lodge 
Commission'') which proposes that the portion of the regular 
assessed costs to be paid by the United States to the United 
Nations be reduced so that the United States is assessed in 
each year not more than 25 per centum of such costs assessed 
all members of the United Nations for that year.
---------------------------------------------------------------------------
    \4\ See also Appropriations Limitation on Contributions to 
International Organizations (Public Law 92-544; 86 Stat. 1109), 
Legislation on Foreign Relations Through 2005, vol. II, sec. H.
         ii. Special Foreign Assistance Act of 1971, as amended

Partial text of Public Law 91-652 [H.R. 19911), 84 Stat. 1942, approved 
 January 5, 1971, as amended by Public Law 92-226 [Foreign Assistance 
   Act of 1971, S. 2819], 86 Stat. 27, 35, approved February 7, 1972


          Note.--Except for the provisions noted below, the 
        Special Foreign Assistance Act of 1971 consists of 
        amendments to the Foreign Assistance Act of 1961.



AN ACT To provide additional foreign assistance authorizations, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Special Foreign Assistance Act of 
1971''.
    Sec. 2. There are authorized to be appropriated to the 
President for the fiscal year 1971 not to exceed--
          (1) $85,000,000 for additional military assistance 
        and $70,000,000 for special economic assistance for 
        Cambodia;
          (2) $100,000,000 for economic and military assistance 
        programs to replace funds which were transferred by the 
        President for use in Cambodia;
          (3) $150,000,000 for additional military assistance 
        for the Republic of Korea;
          (4) $30,000,000 for additional military assistance 
        for Jordan;
          (5) $3,000,000 for additional military assistance for 
        Indonesia and $10,000,000 to replace funds transferred 
        from other programs for use in Indonesia;
          (6) $5,000,000 for additional military assistance for 
        Lebanon;
          (7) $65,000,000 for additional supporting assistance 
        for Vietnam; and
          (8) $17,000,000 for additional general military 
        assistance to compensate for a shortage in anticipated 
        recovery of funds from past years' programs.
    Sec. 3.\1\ The President is authorized, until June 30, 
1972, to transfer to the Republic of Korea such defense 
articles located in Korea and belonging to the Armed Forces of 
the United States on July 1, 1970, as he may determine, except 
that no funds heretofore or hereafter appropriated under this 
Act or the Foreign Assistance Act of 1961 shall be available 
for reimbursement to any agency of the United States Government 
for any transfer made pursuant to this section.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2302 note.
---------------------------------------------------------------------------
    Sec. 4. Except as otherwise provided in this Act, any 
assistance furnished out of funds appropriated under section 2 
of this Act and any transfer made under section 3 of this Act 
shall be furnished or transferred, as the case may be, in 
accordance with all of the purposes and limitations applicable 
by statute to that type of assistance or transfer under the 
Foreign Assistance Act of 1961 (including the provisions of 
section 652 of such Act, as added by section 8 of this Act).
          * * * * * * *
    Sec. 6. (a) * * *
    (b) \2\ Excess foreign currencies held in Pakistan not 
allocated on the date of enactment of this section are 
authorized to be appropriated for a period of one year from 
such date of enactment to help Pakistan withstand the disaster 
which has occurred.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2261 note.
---------------------------------------------------------------------------
    Sec. 7.\3\ (a) In line with the expressed intention of the 
President of the United States, none of the funds authorized or 
appropriated pursuant to this or any other Act may be used to 
finance the introduction of United States ground combat troops 
into Cambodia, or to provide United States advisers to or for 
military, paramilitary, police, or other security or 
intelligence forces \4\ in Cambodia.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2411 note.
    \4\ Sec. 408 of the Foreign Assistance Act of 1971 (Public Law 92-
226; 86 Stat. 20) struck out ``Cambodian military forces'' and inserted 
in lieu thereof ``military, paramilitary, police, or other security or 
intelligence forces''.
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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.
          * * * * * * *
      jj. Foreign Military Sales Act Amendments, 1971, as amended

Partial text of Public Law 91-672 [H.R. 15628], 84 Stat. 2053, approved 
 January 12, 1971, as amended by Public Law 92-226 [Foreign Assistance 
  Act of 1971, S. 2819], 86 Stat. 20, 33, approved February 7, 1972; 
 Public Law 93-189 [Foreign Assistance Act of 1973, S. 1443], 87 Stat. 
   714, 729, approved December 17, 1973; Public Law 93-559 [Foreign 
    Assistance Act of 1974, S. 3394], 88 Stat. 1795, 1799, approved 
December 31, 1974; Public Law 94-329 [International Security Assistance 
    and Arms Export Control Act of 1976, H.R. 13680], 90 Stat. 729, 
   approved June 30, 1976; Public Law 95-384 [International Security 
    Assistance Act of 1978, S. 3075], 92 Stat. 730 at 747, approved 
 September 26, 1978; and by Public Law 97-113 [International Security 
  and Development Cooperation Act of 1981, S. 1196], 95 Stat. 1579 at 
                    1560, approved December 29, 1981

AN ACT To amend the Foreign Military Sales Act, and for other purposes.

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


          Note.--Sections 1-4 of this Act amend the Foreign 
        Military Sales Act (Arms Export Control Act), Public 
        Law 90-629, October 22, 1968.


          * * * * * * *
    Sec. 5.\1\ It is the sense of Congress that (1) the 
President should continue to press forward urgently with his 
efforts to negotiate with the Soviet Union and other powers a 
limitation on arms shipments to the Middle East, (2) the 
President should be supported in his position that arms will be 
made available and credits provided to Israel and other 
friendly states, to the extent that the President determines 
such assistance to be needed in order to meet threats to the 
security and independence of such states, and (3) if the 
authorization provided in the Foreign Military Sales Act, as 
amended, should prove to be insufficient to effectuate this 
stated policy, the President should promptly submit to the 
Congress requests for an appropriate supplementary 
authorization and appropriation.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2751 note.
---------------------------------------------------------------------------
    Sec. 6.\1\ It is the sense of the Congress that--
          (1) the President should immediately institute a 
        thorough and comprehensive review of the military aid 
        programs of the United States, particularly with 
        respect to the military assistance and sales operations 
        of the Department of Defense, and
          (2) the President should take such actions as may be 
        appropriate--
                  (A) to initiate multilateral discussions 
                among the United States, the Union of Soviet 
                Socialist Republics, Great Britain, France, 
                West Germany, Italy and other countries on the 
                control of the worldwide trade in armaments,
                  (B) to commence a general debate in the 
                United Nations with respect to the control of 
                the conventional arms trade, and
                  (C) to use the power and prestige of his 
                office to signify the intention of the United 
                States to work actively with all nations to 
                check and control the international sales and 
                distribution of conventional weapons of death 
                and destruction.
    Sec. 7.\2\ * * *
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    \2\ Sec. 734(a)(15) of the International Security and Development 
Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1560) repealed 
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.
---------------------------------------------------------------------------
    Sec. 8.\3\ (a) \4\ * * * [Repealed--1976]
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2321b.
    \4\ Sec. 210(c)(2) of the International Security Assistance and 
Arms Export Control Act of 1976 struck out subsecs. (a), (b), (c), and 
(e) of sec. 8, which related to excess defense articles. 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. 26(4) of the FA Act of 1973 (Public Law 93-189; 87 Stat. 
714) repealed sec. 9, which related to any transfer of a defense 
article to another country.
---------------------------------------------------------------------------
    Sec. 10.\7\ (a) Notwithstanding any provision of law 
enacted before the date of enactment of this section, no money 
appropriated for foreign assistance (including foreign military 
sales) shall be available for obligation or expenditure--
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2412.
---------------------------------------------------------------------------
          (1) unless the appropriation thereof has been 
        previously authorized by law; or
          (2) in excess of an amount previously prescribed by 
        law.
    (b) To the extent that legislation enacted after the making 
of an appropriation for foreign assistance (including foreign 
military sales) authorizes the obligation or expenditure 
thereof, the limitation contained in subsection (a) shall have 
no effect.
    (c) The provisions of this section shall not be superseded 
except by a provision of law enacted after the date of 
enactment of this section which specifically repeals or 
modifies the provisions of this section.
    Sec. 11.\8\ For purposes of sections 8 and 9--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2321c.
---------------------------------------------------------------------------
          (1) ``defense article'' and ``excess defense 
        articles'' have the same meanings as given them in 
        section 644 (d) and (g), respectively, of the Foreign 
        Assistance Act of 1961; and
          (2) ``foreign country'' includes any department, 
        agency, or independent establishment of the foreign 
        country.
    Sec. 12. The joint resolution entitled ``Joint resolution 
to promote the maintenance of international peace and security 
in Southeast Asia'' approved August 10, 1964 (78 Stat. 384; 
Public Law 88-408), is terminated effective upon the day that 
the second session of the Ninety-first Congress is last 
adjourned.
    Sec. 13.\9\ No funds authorized or appropriated pursuant to 
this or any other law may be used to transport chemical 
munitions from the Island of Okinawa to the United States. Such 
funds as are necessary for the detoxification or destruction of 
the above described chemical munitions are hereby authorized 
and shall be used for the detoxification or destruction of 
chemical munitions only outside the United States. For purposes 
of this section, the term ``United States'' means the several 
States and the District of Columbia.
---------------------------------------------------------------------------
    \9\ 50 U.S.C. 1512 note.
             kk. Foreign Assistance Act of 1969, as amended

Partial text of Public Law 91-175 [H.R. 14480], 83 Stat. 805, approved 
December 30, 1969, as amended by Public Law 92-226 [Foreign Assistance 
  Act of 1971, S. 2819], 86 Stat. 20, 34, approved February 7, 1972; 
  Public Law 95-105 [Foreign Relations Authorization Act, Fiscal Year 
1978; H.R. 6689], 91 Stat. 844 at 859, approved August 17, 1977; Public 
Law 97-241 [Department of Defense Authorization Act, 1983; S. 1193], 96 
     Stat. 273 at 297, approved August 24, 1982; Public Law 98-164 
  [Department of State Authorization Act, Fiscal Years 1984 and 1985, 
 H.R. 2915], 97 Stat. 1017 at 1051, approved November 22, 1983; Public 
 Law 99-83 [International Security and Development Cooperation Act of 
1985, S. 960], 99 Stat. 190 at 247, approved August 8, 1985; Public Law 
  99-529 [Special Foreign Assistance Act of 1986, S. 1917], 100 Stat. 
3010, approved October 24, 1986; Public Law 101-246 [Foreign Relations 
Authorization Act for Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 
 15, approved February 16, 1990; Public Law 102-138 [Foreign Relations 
Authorization Act for Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 
  647, approved October 28, 1991; and by Public Law 106-113 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
      2000; H.R. 3422, enacted by reference in sec. 1000(a)(2) of 
 Consolidated Appropriations Act for Fiscal Year 2000; H.R. 3194], 113 
                 Stat. 1501, approved November 29, 1999

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

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

                           Note.--Except for Part IV, which related to the Inter-American Social Development Institute (title

                           Section 586 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act,
                          2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 113 Stat. 1535),
                          authorized the President to abolish the Inter-American Foundation and made conforming amendments to
                          legislation related to the Inter-American Foundation to reflect the abolishment. These amendments are
                          to be effective and executed only after the Director of the Office of Management and Budget transmits
                          to Congress a certification that responsibilities delegated to the Director, primarily that of
                          administering and winding-up any outstanding obligations of the Inter-American Foundation, have been
                          fully discharged.
                           That certification and subsequent administration have not yet been executed. Upon execution of these
                          requirements, sec. 586(c)(2) of the Foreign Operations, Export Financing, and Related Programs
                          Appropriations Act, 2000 (H.R. 3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113;
                          113 Stat. 1535), will repeal sec. 401 of this Act.

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


          * * * * * * *

             PART IV--THE INTER-AMERICAN FOUNDATION ACT \1\

    Sec. 401.\2\ Inter-American Foundation.--(a) There is 
created as an agency of the United States of America a body 
corporate to be known as the Inter-American Foundation 
(hereinafter in this section referred to as the 
``Foundation'').\3\
---------------------------------------------------------------------------
    \1\ Sec. 406(1) of the Foreign Assistance Act of 1971 (Public Law 
92-226; 86 Stat. 20), inserted the title ``Part IV--The Inter-American 
Foundation Act'' in lieu of ``Part IV--Inter-American Social 
Development Institute''.
    \2\ 22 U.S.C. 290f. Sec. 586(c)(2) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2000 (H.R. 
3422, enacted by reference in sec. 1000(a)(2) of Public Law 106-113; 
113 Stat. 1535), will repeal sec. 401 upon execution of the 
requirements of sec. 586.
    \3\ The caption of sec. 401 and subsec. (a) thereof, which were 
amended by sec. 406(2) of the Foreign Assistance Act of 1971, (Public 
Law 92-226; 86 Stat. 20), formerly read as follows: ``Inter-American 
Social Development Institute.--(a) There is created as an agency of the 
United States of America a body corporate to be known as the `Inter-
American Social Development Institute' (hereafter in this section 
referred to as `Institute').''.
---------------------------------------------------------------------------
    (b) The future of freedom, security, and economic 
development in the Western Hemisphere rests on the realization 
that man is the foundation of all human progress. It is the 
purpose of this section to provide support for developmental 
activities designed to achieve conditions in the Western 
Hemisphere under which the dignity and the worth of each human 
person will be respected and under which all men will be 
afforded the opportunity to develop their potential, to seek 
through gainful and productive work the fulfillment of their 
aspirations for a better life, and to live in justice and 
peace. To this end, it shall be the purpose of the 
Foundation,\4\ primarily in cooperation with private, regional, 
and international organizations, to--
---------------------------------------------------------------------------
    \4\ Sec. 406(3) of the Foreign Assistance Act of 1971 (Public Law 
92-226; 86 Stat. 20), amended sec. 401 by substituting ``Foundation'' 
in lieu of ``Institute'' wherever it appeared.
---------------------------------------------------------------------------
          (1) strengthen the bonds of friendship and 
        understanding among the peoples of this hemisphere;
          (2) support self-help efforts designed to enlarge the 
        opportunities for individual development;
          (3) stimulate and assist effective and ever wider 
        participation of the people in the development process;
          (4) encourage the establishment and growth of 
        democratic institutions, private and governmental, 
        appropriate to the requirements of the individual 
        sovereign nations of this hemisphere.
In pursuing these purposes, the Foundation shall place primary 
emphasis on the enlargement of educational opportunities at all 
levels, the production of food and the development of 
agriculture, and the improvement of environmental conditions 
relating to health, maternal and child care, family planning, 
housing, free trade union development, and other social and 
economic needs of the people.
    (c) The Foundation shall carry out the purposes set forth 
in subsection (b) of this section primarily through and with 
private organizations, individuals, and international 
organizations by undertaking or sponsoring appropriate research 
and by planning, initiating, assisting, financing, 
administering, and executing programs and projects designed to 
promote the achievement of such purposes.
    (d) In carrying out its functions under this section, the 
Foundation shall, to the maximum extent possible, coordinate 
its undertakings with the developmental activities in the 
Western Hemisphere of the various organs of the Organization of 
American States, the United States Government, international 
organizations, and other entities engaged in promoting social 
and economic development of Latin America.
    (e) The Foundation, as a corporation--
          (1) shall have perpetual succession unless sooner 
        dissolved by an Act of Congress;
          (2) may adopt, alter, and use a corporate seal, which 
        shall be judicially noticed;
          (3) may make and perform contracts and other 
        agreements with any individual, corporation, or other 
        body of persons however designated whether within or 
        without the United States of America, and with any 
        government or governmental agency, domestic or foreign;
          (4) \5\ shall determine and prescribe the manner in 
        which its obligations shall be incurred and its 
        expenses, including expenses for representation (not to 
        exceed $10,000 in any fiscal year), allowed and paid;
---------------------------------------------------------------------------
    \5\ Sec. 406(4) of the Foreign Assistance Act of 1971 (Public Law 
92-226; 86 Stat. 20) amended and restated sec. 401(e)(4). It formerly 
read as follows: ``(4) shall determine and prescribe the manner in 
which its obligations shall be incurred and its expenses allowed and 
paid;''.
---------------------------------------------------------------------------
          (5) may, as necessary for the transaction of the 
        business of the Foundation, employ, and fix the 
        compensation of not to exceed one hundred persons at 
        any one time;
          (6) may acquire by purchase, devise, bequest, or 
        gift, or otherwise lease, hold, and improve, such real 
        and personal property as it finds to be necessary to 
        its purposes, whether within or without the United 
        States, and in any manner dispose of all such real and 
        personal property held by it and use as general funds 
        all receipts arising from the disposition of such 
        property;
          (7) shall be entitled to the use of the United States 
        mails in the same manner and on the same conditions as 
        the executive departments of the Government;
          (8) may, with the consent of any board, corporation, 
        commission, independent establishment, or executive 
        department of the Government, including any field 
        service thereof, avail itself of the use of 
        information, services, facilities, officers, and 
        employees thereof in carrying out the provisions of 
        this section;
          (9) may accept money, funds, property, and services 
        of every kind by gift, devise, bequest, grant, or 
        otherwise, and make advances, grants, and loans to any 
        individual, corporation, or other body of persons, 
        whether within or without the United States of America, 
        or to any government or governmental agency, domestic 
        or foreign, when deemed advisable by the Foundation in 
        furtherance of its purposes;
          (10) may sue and be sued, complain, and defend, in 
        its corporate name in any court of competent 
        jurisdiction; and
          (11) shall have such other powers as may be necessary 
        and incident to carrying out its powers and duties 
        under this section.
    (f) Upon termination of the corporate life of the 
Foundation all of its assets shall be liquidated and, unless 
otherwise provided by Congress, shall be transferred to the 
United States Treasury as the property of the United States.
    (g) The management of the Foundation shall be vested in a 
board of directors (hereafter in this section referred to as 
the ``Board'') composed of nine \6\ members appointed by the 
President, by and with the advice and consent of the Senate, 
one of whom he shall designate to serve as Chairman of the 
Board and one of whom he shall designate to serve as Vice 
Chairman of the Board. Six members of the Board shall be 
appointed from private life. Three members of the Board shall 
be appointed from among officers or employees of agencies of 
the United States concerned with inter-American affairs. 
Members of the Board shall be appointed for terms of six years, 
except that of the members first appointed two shall be 
appointed for terms of two years and two shall be appointed for 
terms of four years, as designated by the President at the time 
of their appointment. A member of the Board appointed to fill a 
vacancy occurring prior to the expiration of the term for which 
his predecessor was appointed shall be appointed only for the 
remainder of such term; but upon the expiration of his term of 
office a member shall continue to serve until his successor is 
appointed and shall have qualified. Members of the Board shall 
be eligible for reappointment. All individuals appointed to the 
Board shall possess an understanding of and sensitivity to 
community level development processes. No more than 5 members 
of the Board may be members of any one political party.\7\
---------------------------------------------------------------------------
    \6\ Sec. 403(a) of Public Law 99-529 (100 Stat. 3010) added 
``nine'' and ``six'', respectively, in lieu of ``seven'' and ``four''.
    \7\ Sec. 173(b)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 679), added 
the last sentence. Subpara. (2) of that section further provided that: 
``The requirements established by the amendment made by paragraph (1) 
do not affect appointments made to the Board of the Inter-American 
Foundation before the date of enactment of this Act.''.
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    (h) Members of the Board shall serve without additional 
compensation, but shall be reimbursed for travel expenses, 
including per diem, in lieu of subsistence, in accordance with 
section 5703 of title 5, United States Code,\8\ while engaged 
in their duties on behalf of the corporation.
---------------------------------------------------------------------------
    \8\ Sec. 501(b) of Public Law 97-241 (96 Stat. 297) struck out 
``actual and necessary expenses not in excess of $50 per day, and for 
transportation expenses'' and inserted in lieu thereof ``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''.
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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.
---------------------------------------------------------------------------
    \9\ The rate of compensation at level IV of the Executive Schedule 
in 2006 is $143,000 per annum (Executive Order 13393; 70 F.R. 76655; 
December 22, 2005). Sec. 406(5) of the Foreign Assistance Act of 1971 
(Public Law 92-226; 86 Stat. 20), amended and restated 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).
---------------------------------------------------------------------------
    (r) The Foundation, including its franchise and income, 
shall be exempt from taxation now or hereafter imposed by the 
United States, or any territory or possession thereof, or by 
any State, county, municipality, or local taxing authority.
    (s)(1) Notwithstanding any other provision of law, not to 
exceed an aggregate amount of $50,000,000 of the funds made 
available for the fiscal years 1970 and 1971 to carry out part 
I of the Foreign Assistance Act of 1961 shall be available to 
carry out the purposes of this section. Funds made available to 
carry out the purposes of this section under the preceding 
sentence are authorized to remain available until expended.
    (2) \11\ There are authorized to be appropriated 
$28,800,000 for the fiscal year 1992 and $31,000,000 for the 
fiscal year 1993 to carry out this section.
---------------------------------------------------------------------------
    \11\ Sec. 508 of the Foreign Relations Authorization Act, Fiscal 
Year 1978 (Public Law 95-426; 91 Stat. 859) added para. (2).
    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 2006--no authorization.
    Congress did not enact an authorization for fiscal year 2006. 
Instead, title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2184), provided the following:
---------------------------------------------------------------------------

``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, $19,500,000, to remain available 
until September 30, 2007.''.
    Title V of that Act (119 Stat. 2195, 2208) 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: * * 
*.''.
---------------------------------------------------------------------------

* * * * * * *

``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.''.
    Title III, ch. 8 of the Emergency Supplemental Appropriations Act 
To Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
2006 (division B of Public Law 109-148; 119 Stat. 2791), however, 
provided the following:
---------------------------------------------------------------------------

``GOVERNMENT-WIDE RESCISSIONS
---------------------------------------------------------------------------

    ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1 percent of--
---------------------------------------------------------------------------

  ``(1) the budget authority provided (or obligation limit imposed) for 
fiscal year 2006 for any discretionary account of this Act and in any other 
fiscal year 2006 appropriation Act;

  ``(2) the budget authority provided in any advance appropriation for 
fiscal year 2006 for any discretionary account in any prior fiscal year 
appropriation Act; and

  ``(3) the contract authority provided in fiscal year 2006 for any program 
subject to limitation contained in any fiscal year 2006 appropriation Act.
---------------------------------------------------------------------------

    ``(b) Proportionate Application.--Any rescission made by subsection 
(a) shall be applied proportionately--
---------------------------------------------------------------------------

  ``(1) to each discretionary account and each item of budget authority 
described in such subsection; and

  ``(2) within each such account and item, to each program, project, and 
activity (with programs, projects, and activities as delineated in the 
appropriation Act or accompanying reports for the relevant fiscal year 
covering such account or item, or for accounts and items not included in 
appropriation Acts, as delineated in the most recently submitted 
President's budget).
---------------------------------------------------------------------------

    ``(c) Exceptions.--This section shall not apply--
---------------------------------------------------------------------------

  ``(1) to discretionary budget authority that has been designated pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006; or

  ``(2) to discretionary authority appropriated or otherwise made available 
to the Department of Veterans Affairs.
---------------------------------------------------------------------------

    ``(d) OMB Report.--Within 30 days after the date of the enactment 
of this section 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 report specifying the account and 
amount of each rescission made pursuant to this section.''.
---------------------------------------------------------------------------
    (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\ Sec. 501(c) of Public Law 97-241 (96 Stat. 297) added subsec. 
(u).
---------------------------------------------------------------------------
  (v) \13\ Funds made available to the Foundation may be used 
for the expenses described in section 1345 of title 31 of the 
United States Code (relating to travel, transportation, and 
subsistence expenses for meetings).
---------------------------------------------------------------------------
    \13\ Sec. 173(d) of the Foreign Relations Authorization Act, Fiscal 
Years 1992 and 1993 (Public Law 102-138; 105 Stat. 680), added new 
subsecs. (v) and (w).
---------------------------------------------------------------------------
  (w) \13\ Funds made available to the Foundation may be used 
for printing and binding without regard to section 501 of title 
44, United States Code.

                    PART V--AMENDMENTS TO OTHER ACTS

          * * * * * * *
                   ll. Foreign Assistance Act of 1968

Partial text of Public Law 90-554 [H.R. 15263], 82 Stat. 960, approved 
                            October 8, 1968


          Note.--Except for Part IV, which relates to 
        amendments to other acts, and Part V, which relates to 
        reappraisal of foreign assistance programs, the Foreign 
        Assistance Act of 1968 consists of amendments to the 
        Foreign Assistance Act of 1961, as amended.


          * * * * * * *

           PART V--REAPPRAISAL OF FOREIGN ASSISTANCE PROGRAMS

                         DECLARATION OF POLICY

    Sec. 501. The Congress declares that, in view of changing 
world conditions and the continued need to make United States 
foreign assistance programs an effective implement of United 
States foreign policy, there should be a comprehensive review 
and reorganization of all United States foreign assistance 
programs, including economic development and technical 
assistance programs, military assistance and sales programs, 
and programs involving contributions and payments by the United 
States to international lending institutions and other 
international organizations concerned with the development of 
friendly foreign countries and areas.

                      REAPPRAISAL BY THE PRESIDENT

    Sec. 502. (a) In furtherance of the policy of this part, 
the President is requested to make a thorough and comprehensive 
reappraisal of United States foreign assistance programs, as 
described in section 501, and to submit to the Congress, on or 
before March 31, 1970, his recommendations for achieving such 
reforms in any reorganization of future foreign assistance 
programs as he determines to be necessary and appropriate in 
the national interest in the light of such reappraisal. The 
President is requested to submit to the Congress, on or before 
July 1, 1969, an interim report presenting any preliminary 
recommendations formulated by him pursuant to this section.
    (b) It is the sense of the Congress that the reappraisal 
provided for in subsection (a) should include, but not be 
limited to, an analysis and consideration of proposals 
concerning the establishment of a Government corporation or a 
federally chartered private corporation designed to mobilize 
and facilitate the use of United States private capital and 
skills in less developed friendly countries and areas, 
including whether such corporation should be authorized to--
          (1) utilize Government guarantees and funds as well 
        as private funds;
          (2) seek, develop, promote, and underwrite new 
        investment projects;
          (3) assist in transferring skills and technology to 
        less developed friendly countries and areas; and
          (4) invest in the securities of development financing 
        institutions and assist in the formation and expansion 
        of local capital markets.
                   mm. Foreign Assistance Act of 1967

 Public Law 90-137 [S. 1872], 81 Stat. 445, approved November 14, 1967


          Note.--The Foreign Assistance Act of 1967 consists of 
        amendments to the Foreign Assistance Act of 1961, the 
        Joint Resolution to authorize participation by the 
        United States in parliamentary conferences of the North 
        Atlantic Treaty Organization, the Act to authorize 
        participation by the United States in the 
        Interparliamentary Union, and the Mutual Security Act 
        of 1954.


                   nn. Foreign Assistance Act of 1966

 Public Law 89-583 [H.R. 15750], 80 Stat. 795, approved September 19, 
                                  1966


          Note.--The Foreign Assistance Act of 1966 consists 
        wholly of amendments to the Foreign Assistance Act of 
        1961, as amended.


                   oo. Foreign Assistance Act of 1965

Public Law 89-171 [H.R. 7750], 79 Stat. 653, approved September 6, 1965


          Note.--Except for Chapter 4, which relates to an 
        amendment to section 107 of the Agricultural Trade 
        Development and Assistance Act of 1954, the Foreign 
        Assistance Act of 1965 consists of amendments to the 
        Foreign Assistance Act of 1961, as amended.


                   pp. Foreign Assistance Act of 1964

Partial text of Public Law 88-633 [H.R. 11380], 78 Stat. 1009, approved 
                            October 7, 1964


          Note.--Except for the provision quoted here, the 
        Foreign Assistance Act of 1964 consists of amendments 
        to the Foreign Assistance Act of 1964, the Act to 
        authorize participation by the United States in the 
        Interparliamentary Union, and the Mutual Security Act 
        of 1954.


          * * * * * * *

                     PART V--RELIGIOUS PERSECUTION

    Sec. 501.\1\ It is the sense of the Congress that the 
United States deeply believes in the freedom of religion for 
all people and is opposed to infringement of this freedom 
anywhere in the world. The Congress condemns the persecution of 
any persons because of their religion. It is further the sense 
of Congress that all persons should be permitted the free 
exercise of religion and the pursuit of their culture.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
                   qq. Foreign Assistance Act of 1963

Public Law 88-205 [H.R. 7885], 77 Stat. 379, approved December 16, 1963


          Note.--The Foreign Assistance Act of 1963 consists of 
        amendments to the Foreign Assistance Act of 1961, the 
        Latin American Development Act, the Trade Expansion Act 
        of 1962, the Agricultural Trade Development and 
        Assistance Act of 1954, the Foreign Service Act of 
        1946, the Act to provide certain basic authority for 
        the Department of State, and the Act to authorize 
        participation by the United States in parliamentary 
        conferences of the North Atlantic Treaty Organization.


                   rr. Foreign Assistance Act of 1962

   Public Law 87-565 [S. 2996], 76 Stat. 255, approved August 1, 1962


          Note.--The Foreign Assistance Act of 1962 consists of 
        amendments to the Foreign Assistance Act of 1961, the 
        Act to provide certain basic authority for the 
        Department of State, the Mutual Educational and 
        Cultural Exchange Act of 1961, and the Act authorizing 
        participation by the United States in the 
        Interparliamentary Union.


                  2. Foreign Assistance Appropriations

     a. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 2006

 Public Law 109-102 [H.R. 3057], 119 Stat. 2172, approved November 14, 
                                  2005

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 2006, 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, 2006, and for other purposes, namely:


          Note.--Fiscal year 2005 appropriations were continued 
        into fiscal year 2006 in Public Law 109-77 (119 Stat. 
        2037; approved September 30, 2005), as amended, pending 
        final passage of several annual appropriations bills 
        including foreign assistance appropriations. Public Law 
        109-77, as amended, may be found beginning at page 955.




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

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

                           Note.--Title III, ch. 8 of the Emergency Supplemental Appropriations Act To Address Hurricanes in the

                                                              ``GOVERNMENT-WIDE RESCISSIONS
                           ``Sec. 3801. (a) Across-the-Board Rescissions.--There is hereby rescinded an amount equal to 1
                          percent of--
                             ``(1) the budget authority provided (or obligation limit imposed) for fiscal year 2006 for any
                            discretionary account of this Act and in any other fiscal year 2006 appropriation Act;
                             ``(2) the budget authority provided in any advance appropriation for fiscal year 2006 for any
                            discretionary account in any prior fiscal year appropriation Act; and
                             ``(3) the contract authority provided in fiscal year 2006 for any program subject to limitation
                            contained in any fiscal year 2006 appropriation Act.
                           ``(b) Proportionate Application.--Any rescission made by subsection (a) shall be applied
                          proportionately--
                             ``(1) to each discretionary account and each item of budget authority described in such subsection;
                            and
                             ``(2) within each such account and item, to each program, project, and activity (with programs,
                            projects, and activities as delineated in the appropriation Act or accompanying reports for the
                            relevant fiscal year covering such account or item, or for accounts and items not included in
                            appropriation Acts, as delineated in the most recently submitted President's budget).
                           ``(c) Exceptions.--This section shall not apply--
                             ``(1) to discretionary budget authority that has been designated pursuant to section 402 of H. Con.
                            Res. 95 (109th Congress), the concurrent resolution on the budget for fiscal year 2006; or
                             ``(2) to discretionary authority appropriated or otherwise made available to the Department of
                            Veterans Affairs.
                           ``(d) OMB Report.--Within 30 days after the date of the enactment of this section 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 report specifying the account and amount of each rescission made
                          pursuant to this section.''.

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


               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

              INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK

    For necessary expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, as amended, $1,000,000, to remain available until 
September 30, 2007.

                   EXPORT-IMPORT BANK PROGRAM ACCOUNT

    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 October 1, 2006.
---------------------------------------------------------------------------
    \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) provide 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--
---------------------------------------------------------------------------

  ``(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.
---------------------------------------------------------------------------

    ``(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.
    ``(iii) 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.''.
---------------------------------------------------------------------------

                         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, $100,000,000, to remain 
available until September 30, 2009: 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, 2024, for the disbursement of direct loans, loan 
guarantees, insurance and tied-aid grants obligated in fiscal 
years 2006, 2007, 2008, and 2009: 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 Eastern 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, 
$73,200,000: 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,\2\ notwithstanding subsection (b) of section 117 
of the Export Enhancement Act of 1992, subsection (a) thereof 
shall remain in effect until October 1, 2006.
---------------------------------------------------------------------------
    \2\ 12 U.S.C. 635a note.
---------------------------------------------------------------------------

                Overseas Private Investment Corporation

                           NONCREDIT ACCOUNT

    The Overseas Private Investment Corporation is authorized 
to make, without regard to fiscal year limitations, as provided 
by 31 U.S.C. 9104, such expenditures and commitments within the 
limits of funds available to it and in accordance with law as 
may be necessary: Provided, That the amount available for 
administrative expenses to carry out the credit and insurance 
programs (including an amount for official reception and 
representation expenses which shall not exceed $35,000) shall 
not exceed $42,274,000: 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, $20,276,000, 
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 2006 and 2007: Provided further, That such 
sums shall remain available through fiscal year 2014 for the 
disbursement of direct and guaranteed loans obligated in fiscal 
year 2006, and through fiscal year 2015 for the disbursement of 
direct and guaranteed loans obligated in fiscal year 2007: 
Provided further, That notwithstanding any other provision of 
law, the Overseas Private Investment Corporation is authorized 
to undertake any program authorized by title IV of the Foreign 
Assistance Act of 1961 in Iraq: Provided further, That funds 
made available pursuant to the authority of the previous 
proviso shall be subject to the regular notification procedures 
of the Committees on Appropriations.
    In addition, such sums as may be necessary for 
administrative expenses to carry out the credit program may be 
derived from amounts available for administrative expenses to 
carry out the credit and insurance programs in the Overseas 
Private Investment Corporation Noncredit Account and merged 
with said account.

                  Funds Appropriated to the President

                      TRADE AND DEVELOPMENT AGENCY

    For necessary expenses to carry out the provisions of 
section 661 of the Foreign Assistance Act of 1961, $50,900,000, 
to remain available until September 30, 2007.

                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, 2006, 
unless otherwise specified herein, as follows:

           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, $1,585,000,000, to remain 
available until September 30, 2007: 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 children displaced or 
orphaned by causes other than AIDS; (5) programs for the 
prevention, treatment, control of, and research on HIV/AIDS, 
tuberculosis, polio, malaria, and other infectious diseases, 
and for assistance to communities severely affected by HIV/
AIDS, including children displaced or orphaned by AIDS; 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 $350,000, 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: $360,000,000 for child survival and 
maternal health; $30,000,000 for vulnerable children; 
$350,000,000 for HIV/AIDS; $220,000,000 for other infectious 
diseases; and $375,000,000 for family planning/reproductive 
health, including in areas where population growth threatens 
biodiversity or endangered species: 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, except for the United States Leadership 
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public 
Law 108-25),\4\ for a United States contribution to the Global 
Fund to Fight AIDS, Tuberculosis and Malaria (the ``Global 
Fund''), and shall be expended at the minimum rate necessary to 
make timely payment for projects and activities: Provided 
further, That up to 5 percent of the aggregate amount of funds 
made available to the Global Fund in fiscal year 2006 may be 
made available to the United States Agency for International 
Development for technical assistance related to the activities 
of the Global Fund: Provided further, That of the funds 
appropriated under this heading, $70,000,000 should 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 this 
and preceding provisos: Provided further,\5\ 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 
nothing in this paragraph shall be construed to alter any 
existing statutory prohibitions against abortion under section 
104 of the Foreign Assistance Act of 1961: Provided further, 
That none of the funds 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 
to the maximum extent feasible, taking into consideration cost, 
timely availability, and best health practices, funds 
appropriated in this Act or prior appropriations Acts that are 
made available for condom procurement shall be made available 
only for the procurement of condoms manufactured in the United 
States: Provided further, That information provided about the 
use of condoms as part of projects or activities that are 
funded from amounts appropriated by this Act shall be medically 
accurate and shall include the public health benefits and 
failure rates of such use.
---------------------------------------------------------------------------
    \3\ Sec. 596 of this Act stipulates that funds provided in this Act 
in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of Child Survival and Health Programs Fund, see 
p. 81).
    \4\ For text of the United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), see page 
566.
    \5\ This proviso is popularly referred to as the Kemp-Kasten 
amendment.
---------------------------------------------------------------------------

                         DEVELOPMENT ASSISTANCE

    For necessary expenses to carry out the provisions of 
sections 103, 105, 106, and sections 251 through 255, and 
chapter 10 of part I of the Foreign Assistance Act of 1961, 
$1,524,000,000, to remain available until September 30, 2007: 
Provided, That $214,000,000 should be allocated for trade 
capacity building, of which at least $20,000,000 shall be made 
available for labor and environmental capacity building 
activities relating to the free trade agreement with the 
countries of Central America and the Dominican Republic: 
Provided further, That $365,000,000 should be allocated for 
basic education: Provided further, That of the funds 
appropriated under this heading and managed by the United 
States Agency for International Development Bureau of 
Democracy, Conflict, and Humanitarian Assistance, not less than 
$15,000,000 shall be made available only for programs to 
improve women's leadership capacity in recipient countries: 
Provided further, That such funds may not be made available for 
construction: 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 $42,500, in addition to funds otherwise 
available for such purposes, may be used to monitor and provide 
oversight of such programs: Provided further, That funds 
appropriated under this heading should be made available for 
programs in sub-Saharan Africa to address sexual and gender-
based violence: Provided further, That of the aggregate amount 
of the funds appropriated by this Act that are made available 
for agriculture and rural development programs, $30,000,000 
should be made available for plant biotechnology research and 
development: Provided further, That not less than $2,300,000 
should be made available for core support for the International 
Fertilizer Development Center: Provided further, That of the 
funds appropriated under this heading, not less than 
$20,000,000 should be made available for the American Schools 
and Hospitals Abroad program: Provided further, That of the 
funds appropriated under this heading, $10,000,000 may be made 
available for cooperative development programs within the 
Office of Private and Voluntary Cooperation: Provided further, 
That of the funds appropriated under this heading, $2,000,000 
shall be made available for reconstruction and development 
programs in South Asia: Provided further, That funds should be 
made available for activities to reduce the incidence of child 
marriage in developing countries: Provided further, That of the 
funds appropriated under this heading, up to $20,000,000 should 
be made available to develop clean water treatment activities 
in developing countries: Provided further, That of the funds 
appropriated by this Act, not less than $200,000,000 shall be 
made available for drinking water supply projects and related 
activities, of which not less than $50,000,000 should be made 
available for programs in Africa.

              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

    For necessary expenses to carry out the provisions of 
section 491 of the Foreign Assistance Act of 1961 for 
international disaster relief, rehabilitation, and 
reconstruction assistance, $365,000,000, to remain available 
until expended, of which $20,000,000 should be for famine 
prevention and relief.

                         TRANSITION INITIATIVES

    For necessary expenses for international disaster 
rehabilitation and reconstruction assistance pursuant to 
section 491 of the Foreign Assistance Act of 1961, $40,000,000, 
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: Provided 
further, That if the President determines that it is important 
to the national interests of the United States to provide 
transition assistance in excess of the amount appropriated 
under this heading, up to $15,000,000 of the funds appropriated 
by this Act to carry out the provisions of part I of the 
Foreign Assistance Act of 1961 may be used for purposes of this 
heading and under the authorities applicable to funds 
appropriated under this heading:  Provided further, That funds 
made available pursuant to the previous proviso shall be made 
available subject to prior consultation with the Committees on 
Appropriations.

                      DEVELOPMENT CREDIT AUTHORITY

                     (including transfer of funds)

    For the cost of direct loans and loan guarantees provided 
by the United States Agency for International Development, as 
authorized by sections 256 and 635 of the Foreign Assistance 
Act of 1961, up to $21,000,000 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 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, including the 
cost of modifying such direct and guaranteed loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974, 
as amended: Provided further, That funds made available by this 
paragraph may be used for the cost of modifying any such 
guaranteed loans under this Act or prior Acts, and funds used 
for such costs shall be subject to the regular notification 
procedures of the Committees on Appropriations: 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: \6\ Provided further, That these funds are available 
to subsidize total loan principal, any portion of which is to 
be guaranteed, of up to $700,000,000.
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    \6\ Sec. 306 of H.R. 1486, as reported by the Committee on 
International Relations, May 9, 1997 (H.Rept. 105-94), sought to amend 
the Foreign Assistance Act of 1961 by adding a new sec. 107A to 
establish the President's authority to use development credit authority 
where recipients would otherwise not have access to such credit and 
that credit would be in keeping with U.S. development purposes. Sec. 
107A(d), as referred to in the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2005, would have provided the 
following, if enacted:
    ``(d) General Provisions Applicable to Development Credit 
Authority.--
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  ``(1) Policy provisions.--In providing the credit assistance authorized 
by this section, the President should apply, as appropriate, the policy 
provisions in this part applicable to development assistance activities.

  ``(2) Default and procurement provisions.--

  ``(A) Default provision.--The provisions of section 620(q) of this Act, 
or any comparable provisions of law, shall not be construed to prohibit 
assistance to a country in the event that a private sector recipient of 
assistance furnished under this section is in default in its payment to the 
United States for the period specified in such section.

  ``(B) Procurement provision.--Assistance may be provided under this 
section without regard to section 604(a) of this Act.

  ``(3) Terms and conditions of credit assistance.--(A) Assistance provided 
under this section shall be offered on such terms and conditions, including 
fees charged, as the President may determine.

  ``(B) The principal amount of loans made or guaranteed under this section 
in any fiscal year, with respect to any single country or borrower, may not 
exceed $100,000,000.

  ``(C) No payment may be made under any guarantee issued under this 
section for any loss arising out of fraud or misrepresentation for which 
the party seeking payment is responsible.

  ``(4) Full faith and credit.--All guarantees issued under this section 
shall constitute obligations, in accordance with the terms of such 
guarantees, of the United States of America and the full faith and credit 
of the United States of America is hereby pledged for the full payment and 
performance of such obligations to the extent of the guarantee.

  ``(5) Co-financing and risk sharing.--

  ``(A) In general.--(i) Assistance provided under this section shall be in 
the form of co-financing or risk sharing.

  ``(ii) Credit assistance may not be provided to a borrower under this 
section unless the Administrator of the United States Agency for 
International Development determines that there are reasonable prospects of 
repayment by such borrower.

  ``(B) Additional requirement.--The investment or risk of the United 
States in any one development activity may not exceed 80 percent of the 
total outstanding investment or risk.

  ``(6) Eligible borrowers.--

  ``(A) In general.--In order to be eligible to receive credit assistance 
under this section, a borrower shall be sufficiently credit worthy so that 
the estimated costs (as defined in section 502 of the Federal Credit Reform 
Act of 1990) of the proposed credit assistance for the borrower does not 
exceed 30 percent of the principal amount of credit assistance to be 
received.

  ``(B) Additional requirement.--(i) In addition, with respect to the 
eligibility of foreign governments as an eligible borrowers under this 
section, the Administrator of the United States Agency for International 
Development shall make a determination that the additional debt of the 
government will not exceed the debt repayment capacity of the government.

  ``(ii) In making the determination under clause (i), the Administrator 
shall consult, as appropriate, with international financial institutions 
and other institutions or agencies that assess debt service capacity.

  ``(7) Assessment of credit risk.--(A) The Administrator of the United 
States Agency for International Development shall use the Interagency 
Country Risk Assessment System (ICRAS) and the methodology approved by the 
Office of Management and Budget to assess the cost of risk credit 
assistance provided under this section to foreign governments.

  ``(B) With respect to the provision of credit to nongovernmental 
organizations, the Administrator--

  ``(i) shall consult with appropriate private sector institutions, 
including the two largest United States private sector debt rating 
agencies, prior to establishing the risk assessment standards and 
methodologies to be used; and

  ``(ii) shall periodically consult with such institutions in reviewing the 
performance of such standards and methodologies.

  ``(C) In addition, if the anticipated share of financing attributable to 
public sector owned or controlled entities, including the United States 
Agency for International Development, exceeds 49 percent, the Administrator 
shall determine the cost (as defined in section 502(5) of the Federal 
Credit Reform Act of 1990) of such assistance by using the cost and risk 
assessment determinations of the private sector co-financing entities.

  ``(8) Use of united states technology, firms, and equipment.--Activities 
financed under this section shall, to the maximum extent practicable, use 
or employ United States technology, firms, and equipment.''.

    In addition, for administrative expenses to carry out 
credit programs administered by the United States Agency for 
International Development, $8,000,000, which may be transferred 
to and merged with the appropriation for Operating Expenses of 
the United States Agency for International Development: 
Provided, That funds made available under this heading shall 
remain available until September 30, 2008.

     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, $41,700,000.

   OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
                              DEVELOPMENT

    For necessary expenses to carry out the provisions of 
section 667 of the Foreign Assistance Act of 1961, 
$630,000,000, of which up to $25,000,000 may remain available 
until September 30, 2007: 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: Provided further, That contracts or agreements 
entered into with funds appropriated under this heading may 
entail commitments for the expenditure of such funds through 
fiscal year 2007: Provided further, That none of the funds in 
this Act may be used to open a new overseas mission of the 
United States Agency for International Development without the 
prior written notification of the Committees on Appropriations: 
Provided further, That the authority of sections 610 and 109 of 
the Foreign Assistance Act of 1961 may be exercised by the 
Secretary of State to transfer funds appropriated to carry out 
chapter 1 of part I of such Act to ``Operating Expenses of the 
United States Agency for International Development'' in 
accordance with the provisions of those sections.

                        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 of the Foreign Assistance Act of 1961, 
$70,000,000, to remain available until expended: Provided, That 
this amount is in addition to funds otherwise available for 
such purposes: 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: Provided further, That of the funds 
appropriated under this heading, not to exceed $48,100,000 may 
be made available for the purposes of implementing the Capital 
Security Cost Sharing Program.

   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 of the Foreign Assistance Act of 1961, $36,000,000, 
to remain available until September 30, 2007, which sum shall 
be available for the Office of the Inspector General of the 
United States Agency for International Development.

                  Other Bilateral Economic Assistance

                       ECONOMIC SUPPORT FUND \7\

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of 
chapter 4 of part II, $2,634,000,000, to remain available until 
September 30, 2007: Provided, That of the funds appropriated 
under this heading, not less than $240,000,000 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 $495,000,000 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 and political 
reforms which are additional to those which were undertaken in 
previous fiscal years: Provided further, That with respect to 
the provision of assistance for Egypt for democracy and 
governance activities, the organizations implementing such 
assistance and the specific nature of that assistance shall not 
be subject to the prior approval by the Government of Egypt: 
Provided further, That of the funds appropriated under this 
heading for assistance for Egypt, not less than $135,000,000 
shall be made available for project assistance, of which not 
less than $50,000,000 shall be made available for democracy, 
human rights and governance programs and not less than 
$50,000,000 shall be used for education programs, of which not 
less than $5,000,000 shall be made available for scholarships 
for disadvantaged Egyptian students to attend American 
accredited institutions of higher education in Egypt: Provided 
further, That of the funds appropriated under this heading for 
assistance for Egypt for economic reform activities, 
$227,600,000 shall be withheld from obligation until the 
Secretary of State determines and reports to the Committees on 
Appropriations that Egypt has met the calendar year 2005 
benchmarks accompanying the ``Financial Sector Reform 
Memorandum of Understanding'' dated March 20, 2005: Provided 
further, That $20,000,000 of the funds appropriated under this 
heading should 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 in exercising the authority to 
provide cash transfer assistance for Israel, the President 
shall ensure that the level of such assistance does not cause 
an adverse impact on the total level of nonmilitary exports 
from the United States to such country and that Israel enters 
into a side letter agreement in an amount proportional to the 
fiscal year 1999 agreement: Provided further, That of the funds 
appropriated under this heading, not less than $250,000,000 
should be made available only for assistance for Jordan: 
Provided further, That of the funds appropriated under this 
heading that are available for assistance for the West Bank and 
Gaza, not to exceed $2,000,000 may be used for administrative 
expenses of the United States Agency for International 
Development, in addition to funds otherwise available for such 
purposes, to carry out programs in the West Bank and Gaza: 
Provided further, That not more than $225,000,000 of the funds 
made available for assistance for Afghanistan under this 
heading may be obligated for such assistance until the 
Secretary of State certifies to the Committees on 
Appropriations that the Government of Afghanistan at both the 
national and local level is cooperating fully with United 
States funded poppy eradication and interdiction efforts in 
Afghanistan: Provided further, That the President may waive the 
previous proviso if he determines and reports to the Committees 
on Appropriations that to do so is vital to the national 
security interests of the United States: Provided further, That 
such report shall include an analysis of the steps being taken 
by the Government of Afghanistan, at the national and local 
level, to cooperate fully with United States funded poppy 
eradication and interdiction efforts in Afghanistan: Provided 
further, That $40,000,000 of the funds appropriated under this 
heading shall be made available for assistance for Lebanon, of 
which not less than $6,000,000 should be made available for 
scholarships and direct support of American educational 
institutions in Lebanon: Provided further, That of the funds 
appropriated under this heading that are made available for 
assistance for Iraq, not less than $5,000,000 shall be 
transferred to and merged with funds appropriated under the 
heading ``Iraq Relief and Reconstruction Fund'' in chapter 2 of 
title II of Public Law 108-106 and shall be made available for 
the Marla Ruzicka Iraqi War Victims Fund: Provided further, 
That of the funds appropriated under this heading that are made 
available for assistance for Iraq, not less than $56,000,000 
shall be made available for democracy, governance and rule of 
law programs in Iraq: Provided further, That of the funds 
appropriated under this heading, not less than $19,000,000 
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 
notwithstanding any other provision of law, funds appropriated 
under this heading shall be made available for programs and 
activities for the Central Highlands of Vietnam: Provided 
further, That funds appropriated under this heading that are 
made available for a Middle East Financing Facility, Middle 
East Enterprise Fund, or any other similar entity in the Middle 
East shall be subject to the regular notification procedures of 
the Committees on Appropriations: Provided further, That of 
funds appropriated under this heading, $13,000,000 should be 
made available for a United States 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.
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    \7\ Sec. 596 of this Act stipulates that funds provided in this Act 
in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of Economic Support Funds, see p. 86).
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                     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, 
$13,500,000, 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): \8\ 
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, 2007.
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    \8\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-B.
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        ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES \9\

    (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\ $361,000,000, to 
remain available until September 30, 2007, which shall be 
available, notwithstanding any other provision of law, for 
assistance and for related programs for Eastern Europe and the 
Baltic States: Provided, That of the funds appropriated under 
this heading $5,000,000 should be made available for rule of 
law programs for the training of judges and prosecutors.
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    \9\ Sec. 596 of this Act stipulates that funds provided in this Act 
in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of Eastern Europe and the Baltic States funds, 
see p. 91).
    \10\ For text of the SEED Act, see Legislation on Foreign Relations 
Through 2005, vol. I-B.
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    (b) 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.
    (c) The provisions of section 529 of this Act shall apply 
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.
    (d) 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\
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    \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 \12\

    (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,\13\ for assistance for the 
Independent States of the former Soviet Union and for related 
programs, $514,000,000, to remain available until September 30, 
2007: Provided, That the provisions of such chapters shall 
apply to funds appropriated by this paragraph: Provided 
further, That funds made available for the Southern Caucasus 
region may be used, notwithstanding any other provision of law, 
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 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 
Public Law 102-511 shall be subject to a 6 percent ceiling on 
administrative expenses.
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    \12\ Sec. 596 of this Act stipulates that funds provided in this 
Act in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of Assistance for the Independent States of the 
Former Soviet Union, see p. 92).
    \13\ For text of the FREEDOM Support Act (Public Law 102-511), see 
Legislation on Foreign Relations Through 2005, vol. I-B.
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    (b) Of the funds appropriated under this heading, not less 
than $50,000,000 should be made available, in addition to funds 
otherwise available for such purposes, for assistance for child 
survival, environmental and reproductive health, and to combat 
HIV/AIDS, tuberculosis and other infectious diseases, and for 
related activities.
    (c) Of the funds appropriated under this heading that are 
made available for assistance for Ukraine, not less than 
$5,000,000 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.
    (d) Of the funds appropriated under this heading, 
$2,500,000 shall be made available for the Business Information 
Service for the Newly Independent States.
    (e)(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.
    (f) 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 \14\ or non-proliferation 
        assistance;
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    \14\ 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 2005, vol. II, 
sec. F.
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          (2) any assistance provided by the Trade and 
        Development Agency under section 661 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2421);
          (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,\15\ 
$19,500,000, to remain available until September 30, 2007.
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    \15\ For text, see page 854.
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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,\16\ $23,000,000, to remain available until 
September 30, 2007: 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 notwithstanding section 505(a)(2) of the 
African Development Foundation Act,\17\ 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.
---------------------------------------------------------------------------
    \16\ For text, see page 787.
    \17\ For text of the African Development Foundation Act, see 
Legislation on Foreign Relations Through 2005, vol. I-B.
---------------------------------------------------------------------------

                              PEACE CORPS

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of the 
Peace Corps Act (75 Stat. 612),\18\ including the purchase of 
not to exceed five passenger motor vehicles for administrative 
purposes for use outside of the United States, $322,000,000, to 
remain available until September 30, 2007: Provided, That none 
of the funds appropriated under this heading shall be used to 
pay for abortions: Provided further, That the Director may 
transfer to the Foreign Currency Fluctuations Account, as 
authorized by 22 U.S.C. 2515, an amount not to exceed 
$2,000,000: Provided further, That funds transferred pursuant 
to the previous proviso may not be derived from amounts made 
available for Peace Corps overseas operations.
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    \18\ The Peace Corps Act, as amended (Public Law 87-293), may be 
found in Legislation on Foreign Relations Through 2005, vol. I-B.
---------------------------------------------------------------------------

                    MILLENNIUM CHALLENGE CORPORATION

    For necessary expenses for the ``Millennium Challenge 
Corporation'', $1,770,000,000 to remain available until 
expended: Provided, That of the funds appropriated under this 
heading, up to $75,000,000 may be available for administrative 
expenses of the Millennium Challenge Corporation: Provided 
further, That up to 10 percent of the funds appropriated under 
this heading may be made available to carry out the purposes of 
section 616 of the Millennium Challenge Act of 2003 \19\ for 
candidate countries for fiscal year 2006: Provided further, 
That none of the funds available to carry out section 616 of 
such Act may be made available until the Chief Executive 
Officer of the Millennium Challenge Corporation provides a 
report to the Committees on Appropriations listing the 
candidate countries that will be receiving assistance under 
section 616 of such Act, the level of assistance proposed for 
each such country, a description of the proposed programs, 
projects and activities, and the implementing agency or 
agencies of the United States Government: Provided further, 
That section 605(e)(4) of the Millennium Challenge Act of 2003 
shall apply to funds appropriated under this heading: Provided 
further, That funds appropriated under this heading may be made 
available for a Millennium Challenge Compact entered into 
pursuant to section 609 of the Millennium Challenge Act of 2003 
only if such Compact obligates, or contains a commitment to 
obligate subject to the availability of funds and the mutual 
agreement of the parties to the Compact to proceed, the entire 
amount of the United States Government funding anticipated for 
the duration of the Compact.
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    \19\ For text of the Millennium Challenge Act of 2003 (Public Law 
108-199), see page 530.
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                          Department of State

                    GLOBAL HIV/AIDS INITIATIVE \20\

    For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 for the prevention, treatment, 
and control of, and research on, HIV/AIDS, $1,995,000,000, to 
remain available until expended, of which $200,000,000 shall be 
made available, notwithstanding any other provision of law, 
except for the United States Leadership Against HIV/AIDS, 
Tuberculosis and Malaria Act of 2003 (Public Law 108-25) 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.
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    \20\ Sec. 596 of this Act stipulates that funds provided in this 
Act in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of Global HIV/AIDS Initiative appropriations, 
see p. 95).
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                          DEMOCRACY FUND \21\

    (a) For necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 for the promotion of 
democracy, governance, human rights, independent media, and the 
rule of law globally, $95,000,000, to remain available until 
September 30, 2008: Provided, That funds appropriated under 
this heading shall be made available notwithstanding any other 
provision of law, and of such funds $63,200,000 shall be made 
available for the Human Rights and Democracy Fund of the Bureau 
of Democracy, Human Rights and Labor, Department of State, and 
not less than $15,250,000 shall be made available for the 
National Endowment for Democracy: Provided further, That funds 
appropriated under this heading are in addition to funds 
otherwise available for such purposes: Provided further, That 
funds made available by title II of this Act for purposes of 
this section for any contract, grant, or cooperative agreement 
(or any amendment to any contract, grant, or cooperative 
agreement) in excess of $10,000,000 shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.
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    \21\ Sec. 596 of this Act stipulates that funds provided in this 
Act in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of Democracy Funds, see p. 96).
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    (b) Funds appropriated in subsection (a) should be made 
available for assistance for Taiwan for the purposes of 
furthering political and legal reforms: Provided, That such 
funds shall only be made available to the extent that they are 
matched from sources other than the United States Government.
    (c) Funds appropriated in subsection (a) shall be made 
available for programs and activities to foster democracy, 
governance, human rights, civic education, women's development, 
press freedom, and the rule of law in countries located outside 
the Middle East region 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 such funds should 
support new initiatives and activities in those countries: 
Provided further, That of the funds appropriated in subsection 
(a) $5,000,000 shall be made available for continuing programs 
and activities that provide professional training for 
journalists.
    (d) Notwithstanding any other provision of law, funds 
appropriated by this Act may be made available for democracy, 
governance, human rights, and rule of law programs for Syria 
and Iran: Provided, That not less than $6,550,000 of the funds 
appropriated in subsection (a) shall be made available for 
programs and activities that support the advancement of 
democracy in Iran and Syria.
    (e) Funds made available for purposes of this section that 
are made available to the National Endowment for Democracy may 
be made available notwithstanding any other provision of law or 
regulation.
    (f) Funds made available pursuant to the authority of 
subsections (b), (c) and (d) shall be subject to the regular 
notification procedures of the Committees on Appropriations.

        INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT\22\

    For necessary expenses to carry out section 481 of the 
Foreign Assistance Act of 1961, $477,200,000, to remain 
available until September 30, 2008: Provided, That during 
fiscal year 2006, 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 the 
Secretary of State 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 funds appropriated under this heading, not 
less than $16,000,000 shall be made available for training 
programs and activities of the International Law Enforcement 
Academies: Provided further, That $10,000,000 of the funds 
appropriated under this heading should be made available for 
demand reduction programs: Provided further, That of the funds 
appropriated under this heading, not more than $33,484,000 may 
be available for administrative expenses.
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    \22\ Sec. 596 of this Act stipulates that funds provided in this 
Act in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of International Narcotics Control and Law 
Enforcement funding, see p. 98).
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                   ANDEAN COUNTERDRUG INITIATIVE \23\

    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, $734,500,000, 
to remain available until September 30, 2008: Provided, That in 
fiscal year 2006, 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 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 funds 
made available in this Act for demobilization/reintegration of 
members of foreign terrorist organizations in Colombia shall be 
subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations: 
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 shall be made available subject to the regular 
notification procedures of the Committees on Appropriations: 
Provided further, That of the funds appropriated under this 
heading that are available for alternative development/
institution building, not less than $228,772,000 shall be 
apportioned directly to the United States Agency for 
International Development including $131,232,000 for assistance 
for Colombia: Provided further, That with respect to funds 
apportioned to the United States Agency for International 
Development under the previous proviso, the responsibility for 
policy decisions for the use of such funds, including what 
activities will be funded and the amount of funds that will be 
provided for each of those activities, shall be the 
responsibility of the Administrator of the United States Agency 
for International Development in consultation with the 
Assistant Secretary of State for International Narcotics and 
Law Enforcement Affairs: Provided further, That of the funds 
appropriated under this heading, in addition to funds made 
available for judicial reform programs in Colombia, not less 
than $8,000,000 shall be made available to the United States 
Agency for International Development for organizations and 
programs to protect human rights: 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 certifies to the 
Committees on Appropriations that: (1) the herbicide is being 
used in accordance with EPA label requirements for comparable 
use in the United States and with Colombian laws; and (2) the 
herbicide, in the manner it is being used, does not pose 
unreasonable risks or adverse effects to humans or the 
environment including endemic species: Provided further, That 
such funds may not be made available unless the Secretary of 
State certifies to the Committees on Appropriations that 
complaints of harm to health or licit crops caused by such 
fumigation are evaluated and fair compensation is being paid 
for meritorious claims: Provided further, That 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 of the funds 
appropriated under this heading, not less than $2,000,000 
should be made available for programs to protect biodiversity 
and indigenous reserves in Colombia: Provided further, That 
funds appropriated by this Act may be used for aerial 
fumigation in Colombia's national parks or reserves only if the 
Secretary of State determines that it is in accordance with 
Colombian laws and that there are no effective alternatives to 
reduce drug cultivation in these areas: 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 funds appropriated under this heading that are 
made available for assistance for the Bolivian military may be 
made available for such purposes only if the Secretary of State 
certifies that the Bolivian military is respecting human 
rights, and civilian judicial authorities are investigating and 
prosecuting, with the military's cooperation, military 
personnel who have been implicated in gross violations of human 
rights: Provided further, That of the funds appropriated under 
this heading, not more than $19,015,000 may be available for 
administrative expenses of the Department of State, and not 
more than $7,800,000 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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    \23\ Sec. 596 of this Act stipulates that funds provided in this 
Act in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of Andean Counterdrug Initiative funds, see p. 
99).
    See also the Emergency Supplemental Act, 2000 (Public Law 106-246), 
as amended, which implements ``Plan Colombia''; page 1094.
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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, $791,000,000, to remain available 
until expended: Provided, That not more than $23,000,000 may be 
available for administrative expenses: Provided further, That 
not less than $40,000,000 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: Provided further, That funds appropriated under this 
heading should be made available to develop effective responses 
to protracted refugee situations, including the development of 
programs to assist long-term refugee populations within and 
outside traditional camp settings that support refugees living 
or working in local communities such as integration of refugees 
into local schools and services, resource conservation projects 
and other projects designed to diminish conflict between 
refugee hosting communities and refugees, and encouraging 
dialogue among refugee hosting communities, the United Nations 
High Commissioner for Refugees, and international and 
nongovernmental refugee assistance organizations to promote the 
rights to which refugees are entitled under the Convention 
Relating to the Status of Refugees of July 28, 1951 and the 
Protocol Relating to the Status of Refugees, done at New York 
January 31, 1967.

     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)),\24\ $30,000,000, to 
remain available until expended.
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    \24\ For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
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  NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS \25\

    For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities, 
$410,100,000, 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,\26\ 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 for a United 
States contribution to the Comprehensive Nuclear Test Ban 
Treaty Preparatory Commission: Provided, That of this amount 
not to exceed $37,500,000, to remain available until expended, 
may be made available for the Nonproliferation and Disarmament 
Fund, notwithstanding any other provision of law, to promote 
bilateral and multilateral activities relating to 
nonproliferation and disarmament: Provided further, That such 
funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of 
the United States to do so: Provided further, That 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 
$705,000, 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 funds appropriated under this heading that are 
available for ``Anti-terrorism Assistance'' and ``Export 
Control and Border Security'' shall remain available until 
September 30, 2007.
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    \25\ Sec. 596 of this Act stipulates that funds provided in this 
Act in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of Nonproliferation, Anti-terrorism, Demining 
and Related Programs funds, see p. 101).
    \26\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-B.
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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, $20,000,000, 
to remain available until September 30, 2008, which shall be 
available notwithstanding any other provision of law.

                           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, of modifying concessional credit 
agreements with least developed countries, as authorized under 
section 411 of the Agricultural Trade Development and 
Assistance Act of 1954,\27\ as amended, of 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,\27\ $65,000,000, to remain available until 
September 30, 2008: Provided, That not less than $20,000,000 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: Provided further, That amounts paid to 
the HIPC Trust Fund may be used only to fund debt reduction 
under the enhanced HIPC initiative by--
---------------------------------------------------------------------------
    \27\ For text, see Legislation on Foreign Relations Through 2005, 
vol. I-B.
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          (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--
          (1) 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 institutions to export-oriented commercial 
        projects that generate foreign exchange which are 
        generally referred to as ``enclave'' loans; and
          (2) 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 Act shall be made available for Sudan or Burma 
unless the Secretary of the Treasury determines and notifies 
the Committees on Appropriations that a democratically elected 
government has taken office.

                     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, $86,744,000, 
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 Haiti, the 
Democratic Republic of the Congo, and Nigeria may only be 
provided through the regular notification procedures of the 
Committees on Appropriations.

                FOREIGN MILITARY FINANCING PROGRAM \28\

    For expenses necessary for grants to enable the President 
to carry out the provisions of section 23 of the Arms Export 
Control Act, $4,500,000,000: Provided, That of the funds 
appropriated under this heading, not less than $2,280,000,000 
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 
$595,000,000 shall be available for the procurement in Israel 
of defense articles and defense services, including research 
and development: Provided further, That of the funds 
appropriated by this paragraph, $210,000,000 shall be made 
available for assistance for Jordan: Provided further, That 
funds appropriated or otherwise made available 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).
---------------------------------------------------------------------------
    \28\ Sec. 596 of this Act stipulates that funds provided in this 
Act in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of Foreign Military Financing Program funds, 
see p. 102).
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    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 Guatemala: Provided further, That none 
of the funds appropriated under this heading may be made 
available for assistance for Haiti except pursuant to the 
regular notification procedures of the Committees on 
Appropriations: Provided further, That funds made available 
under this heading may be used, notwithstanding any other 
provision of law, for demining, the clearance of unexploded 
ordnance, and related activities, and may include activities 
implemented through nongovernmental and international 
organizations: Provided further, That only those countries for 
which assistance was justified for the ``Foreign Military Sales 
Financing Program'' in the fiscal year 1989 congressional 
presentation for security assistance programs \29\ 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 
$42,500,000 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 $373,000,000 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 2006 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 2006 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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    \29\ In Africa: Kenya; in East Asia and the Pacific: Indonesia, 
Thailand; in Europe: Greece, Portugal, Spain, Turkey,; in Near East and 
South Asia: Egypt, Israel, Jordan, Morocco, Pakistan, Tunisia, and 
Yemen. See Congressional Presentation for Security Assistance Programs, 
Fiscal Year 1989, page 19.
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                        PEACEKEEPING OPERATIONS

    For necessary expenses to carry out the provisions of 
section 551 of the Foreign Assistance Act of 1961, 
$175,000,000: Provided, That none of the funds appropriated 
under this heading shall be obligated or expended except as 
provided through the regular notification procedures of the 
Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  INTERNATIONAL FINANCIAL INSTITUTIONS

                      GLOBAL ENVIRONMENT FACILITY

    For the United States contribution for the Global 
Environment Facility, $80,000,000 to the International Bank for 
Reconstruction and Development as trustee for the Global 
Environment Facility (GEF), 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, $950,000,000, 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, $1,300,000, 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 
to the callable capital portion of the United States share of 
such capital in an amount not to exceed $8,126,527.

       CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION

    For payment to the Inter-American Investment Corporation by 
the Secretary of the Treasury, $1,741,515, 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, $1,741,515, 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, $100,000,000, to remain available until expended.

              CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

    For payment to the African Development Bank by the 
Secretary of the Treasury, $3,638,000, for the United States 
paid-in share of the increase in capital stock, to remain 
available until expended.

              LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

    The United States Governor of the African Development Bank 
may subscribe without fiscal year limitation for the callable 
capital portion of the United States share of such capital 
stock in an amount not to exceed $88,333,855.

              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, $135,700,000, to remain available until 
expended.

  CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

    For payment to the European Bank for Reconstruction and 
Development by the Secretary of the Treasury, $1,015,677 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 
$2,249,888.

  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, $15,000,000, to remain available 
until expended.

             INTERNATIONAL ORGANIZATIONS AND PROGRAMS \30\

    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,\31\ $329,458,000: Provided, That 
none of the funds appropriated under this heading may be made 
available to the International Atomic Energy Agency (IAEA).
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    \30\ Sec. 596 of this Act stipulates that funds provided in this 
Act in certain accounts ``shall be made available for programs and 
countries in the amounts contained in the respective tables included'' 
in the conference report agreed to in the course of enactment of this 
Act. See H. Rept. 109-265 of November 2, 2005, accompanying Public Law 
109-102 (for allocation of International Organizations and Programs 
funding, see p. 105).
    \31\ For this and other legislation relating to the United Nations, 
see Legislation on Foreign Relations Through 2005, vol. II, sec. H.
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                      TITLE V--GENERAL PROVISIONS

  COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL 
                         FINANCIAL INSTITUTIONS

    Sec. 501.\32\ (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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    \32\ First enacted as sec. 501 of the Foreign Assistance 
Appropriations Act, 2004.
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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.

   RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES

    Sec. 502.\33\ 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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    \33\ 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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                    LIMITATION ON RESIDENCE EXPENSES

    Sec. 503.\34\ 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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    \34\ Similar language was first enacted as sec. 113 of the Foreign 
Assistance Appropriations Act, 1976.
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                      UNOBLIGATED BALANCES REPORT

    Sec. 504. Any Department or Agency to which funds are 
appropriated or otherwise made available by this Act shall 
provide to the Committees on Appropriations a quarterly 
accounting by program, project, and activity of the funds 
received by such Department or Agency in this fiscal year or 
any previous fiscal year that remain unobligated and 
unexpended.

               LIMITATION ON REPRESENTATIONAL ALLOWANCES

    Sec. 505.\35\ Of the funds appropriated or made available 
pursuant to this Act, not to exceed $250,000 shall be available 
for representation and entertainment allowances, of which not 
to exceed $2,500 shall be available for entertainment 
allowances, for the United States Agency for International 
Development during the current fiscal year: Provided, That no 
such entertainment funds may be used for the purposes listed in 
section 548 of this Act: Provided further, 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 $4,000 shall be 
available for entertainment expenses and not to exceed $130,000 
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 $55,000 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 $4,000 
shall be available for representation and entertainment 
allowances: Provided further, That of the funds made available 
by this Act under the heading ``Millennium Challenge 
Corporation'', not to exceed $115,000 shall be available for 
representation and entertainment allowances.
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    \35\ Similar language was first enacted as sec. 115 of the Foreign 
Assistance Appropriations Act, 1976. The third through fifth proviso 
clauses were first enacted as sec. 526 of H.R. 4473, 96th Congress, as 
made applicable to the Continuing Appropriations Act, 1981. The third 
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 proviso relating to the Trade and Development Agency was first 
enacted in the Foreign Assistance Appropriations Act, 1986. The proviso 
relating to the Millennium Challenge Corporation was added in FY 2004.
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          PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

    Sec. 506.\36\ (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.
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    \36\ Similar language was first enacted as sec. 579 of the Foreign 
Assistance Appropriations Act, 2003.
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    (b) Reimbursement of Foreign Taxes.--An amount equivalent 
to 200 percent of the total taxes assessed during fiscal year 
2006 on funds appropriated by this Act 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 shall be withheld from obligation from funds 
appropriated for assistance for fiscal year 2007 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) Reprogramming of Funds.--Funds withheld from obligation 
for each country or entity pursuant to subsection (b) shall be 
reprogrammed for assistance to countries which do not assess 
taxes on United States assistance or which have an effective 
arrangement that is providing substantial reimbursement of such 
taxes.
    (e) Determinations.--
          (1) The provisions of this section shall not apply to 
        any country or entity the Secretary of State 
        determines--
                  (A) does not assess taxes on United States 
                assistance or which has an effective 
                arrangement that is providing substantial 
                reimbursement of such taxes; or
                  (B) the foreign policy interests of the 
                United States outweigh the policy of this 
                section to ensure that United States assistance 
                is not subject to taxation.
          (2) The Secretary of State shall consult with the 
        Committees on Appropriations at least 15 days prior to 
        exercising the authority of this subsection with regard 
        to any country or entity.
    (f) 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.
    (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.

        PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

    Sec. 507.\37\ 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, Libya, North Korea, Iran, 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 for purposes of this section, the prohibition 
shall not include activities of the Overseas Private Investment 
Corporation in Libya: Provided further, That the prohibition 
shall not include direct loans, credits, insurance and 
guarantees made available by the Export-Import Bank or its 
agents for or in Libya.
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    \37\ 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 were added to allow conditional assistance for 
Iraq. In fiscal year 2006, two provisos were inserted to exempt OPIC 
and Export-Import Bank support related to Libya.
    The following countries have been listed in similar sections in 
recent previous fiscal years:
    Fiscal years 2004 through 2006--Cuba, Libya, North Korea, Iran, or 
Syria;
    Fiscal years 1997 through 2003--Cuba, Iraq (2003, with exceptions), 
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.\38\ 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 military coup or decree: 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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    \38\ 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

    Sec. 509. (a)(1) Limitation on Transfers Between 
Agencies.--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.
    (2) Notwithstanding paragraph (1), 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.
    (b) Transfers Between Accounts.--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 5 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.
    (c) Audit of Inter-Agency Transfers.--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.

                 COMMERCIAL LEASING OF DEFENSE ARTICLES

    Sec. 510. 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.

                         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, 
chapters 4, 6, 8, and 9 of part II of the Foreign Assistance 
Act of 1961, 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 
1 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 FY 2001, this section 
referred to ``any loan made to such country''; the reference to the 
government of such country was added in FY 2001. In FY 2003, ``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 FY 2000.
    In fiscal year 2002, the President's authority to waive application 
of the section was added.
    See also sec. 620(q) of the Foreign Assistance Act of 1961, as 
amended.
    On December 18, 2004, the Secretary of State determined ``that 
assistance to the Dominican Republic is in the national interest of the 
United States and thereby waive[d] with respect to that country, the 
application of section 620(q) of the FAA from the date it would 
otherwise have been applicable and section 512 of the FOAA, as well as 
any provision of law that is the same or substantially the same as such 
provisions, including subsequently enacted provisions.'' (Department of 
State Public Notice 5001; 70 F.R. 9125).
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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 on 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'', ``Global HIV/AIDS Initiative'', ``Democracy 
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'', ``Millennium Challenge Corporation'' (by 
country only), ``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 
Committees on Appropriations 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 for which funds are appropriated under title II of 
this Act 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.
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LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND 
                                PROGRAMS

    Sec. 516.\45\ 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, 2007.
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    \45\ Similar language was first enacted as sec. 154 of the Further 
Continuing Appropriations Act, 1983.
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             INDEPENDENT STATES OF THE FORMER SOVIET UNION

    Sec. 517.\46\ (a) \47\ 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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    \46\ Sec. 517 of the Foreign Assistance Appropriations Act, 1999, 
first enacted language pertaining to ``New Independent States of the 
Former Soviet Union'' under general provisions.
    \47\ 22 U.S.C. 5814 note. On December 5, 2005, the Deputy Secretary 
of State determined ``Pursuant to the authority vested in me as Deputy 
Secretary of State, including by Section 517(a) of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
2006 (Public Law 109-102), Executive Order 13118 of March 31, 1999, and 
State Department Delegation of Authority No. 245 of April 21, 2001, I 
hereby determine that it is in the national security interest of the 
United States to make available funds appropriated under the heading 
`Assistance for the Independent States of the Former Soviet Union' in 
title II of that Act without regard to the restriction in that 
section.'' (Department of State Public Notice 5249; 70 F.R. 75233).
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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 any state to enhance its 
military capability: Provided, That this restriction does not 
apply to demilitarization, demining or nonproliferation 
programs.
    (c) Funds appropriated under the heading ``Assistance for 
the Independent States of the Former Soviet Union'' for the 
Russian Federation, Armenia, Kazakhstan, and Uzbekistan shall 
be subject to the regular notification procedures of the 
Committees on Appropriations.
    (d) 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.
    (e) 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 Europe and Eurasia 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.\48\ 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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    \48\ Similar language was first enacted as sec. 541 of the Foreign 
Assistance Appropriations Act, 1986. From FY 1997 through FY 2001, 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.\49\ Not to exceed 5 percent of any appropriation 
other than for administrative expenses made available for 
fiscal year 2006, 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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    \49\ Similar language was first enacted as sec. 519 of the Foreign 
Assistance Appropriations Act, 2000.
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                   SPECIAL NOTIFICATION REQUIREMENTS

    Sec. 520.\50\ None of the funds appropriated by this Act 
shall be obligated or expended for assistance for Liberia, 
Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except as 
provided through the regular notification procedures of the 
Committees on Appropriations.
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    \50\ The following countries have been listed in similar sections 
in recent previous fiscal years:
    Fiscal year 2005--Liberia, Serbia, Sudan, Zimbabwe, Pakistan, or 
Cambodia;
    Fiscal year 2004--Liberia, Serbia, Sudan, Zimbabwe, Pakistan, 
Cambodia, or the Democratic Republic of the Congo;
    Fiscal year 2003--Colombia, Liberia, Serbia, Sudan, Zimbabwe, 
Pakistan, or the Democratic Republic of the Congo;
    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), 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.\51\ 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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    \51\ 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 FY 2003.
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                  CHILD SURVIVAL AND HEALTH ACTIVITIES

    Sec. 522.\52\ 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 titles II and III of this Act that are 
made available for bilateral assistance 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 except for the provisions under the heading ``Child 
Survival and Health Programs Fund'' and the United States 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: 
Provided further, That of the funds appropriated under title II 
of this Act, not less than $440,000,000 shall be made available 
for family planning/reproductive health: Provided further, That 
the Comptroller General of the United States shall conduct an 
audit on the use of funds appropriated for fiscal years 2004 
and 2005 under the heading ``Child Survival and Health Programs 
Fund'', to include specific recommendations on improving the 
effectiveness of such funds.
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    \52\ 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 referring, in 
part, to the United States Leadership Against HIV/AIDS, Tuberculosis, 
and Malaria Act of 2003 was added in FY 2004. 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 FY 2000. A proviso, relating to AID personnel policy, was 
included in the section from FY 1989 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 FY 2002, the title of the section was 
restated.
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                              AFGHANISTAN

    Sec. 523. Of the funds appropriated by titles II and III of 
this Act, not less than $931,400,000 should 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 $3,000,000 should be 
made available for reforestation activities: Provided further, 
That funds made available pursuant to the previous proviso 
should be matched, to the maximum extent possible, with 
contributions from American and Afghan businesses: Provided 
further, That of the funds allocated for assistance for 
Afghanistan from this Act and other Acts making appropriations 
for foreign operations, export financing, and related programs 
for fiscal year 2006, not less than $50,000,000 should be made 
available to support programs that directly address the needs 
of Afghan women and girls, of which not less than $7,500,000 
shall be made available for grants to support training and 
equipment to improve the capacity of women-led Afghan 
nongovernmental organizations and to support the activities of 
such organizations: Provided further, That of the funds made 
available pursuant to this section, not less than $2,000,000 
should be made available for the Afghan Independent Human 
Rights Commission and for other Afghan human rights 
organizations.

                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

    Sec. 524.\53\ Prior to providing excess Department of 
Defense articles in accordance with section 516(a) of the 
Foreign Assistance Act of 1961, the Department of Defense shall 
notify the Committees on Appropriations to the same extent and 
under the same conditions as are other committees pursuant to 
subsection (f) of that section: Provided, That before issuing a 
letter of offer to sell excess defense articles under the Arms 
Export Control Act, the Department of Defense shall notify the 
Committees on Appropriations in accordance with the regular 
notification procedures of such Committees 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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    \53\ 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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                                HIV/AIDS

    Sec. 525. (a) Notwithstanding any other provision of this 
Act, 20 percent of the funds that are appropriated by this Act 
for a contribution to support the Global Fund to Fight AIDS, 
Tuberculosis and Malaria (the ``Global Fund'') shall be 
withheld from obligation to the Global Fund until the Secretary 
of State certifies to the Committees on Appropriations that the 
Global Fund--
          (1) has established clear progress indicators upon 
        which to determine the release of incremental 
        disbursements;
          (2) is releasing such incremental disbursements only 
        if progress is being made based on those indicators; 
        and
          (3) is providing support and oversight to country-
        level entities, such as country coordinating 
        mechanisms, principal recipients, and local Fund 
        agents, to enable them to fulfill their mandates.
    (b) The Secretary of State may waive subsection (a) if the 
Secretary determines and reports to the Committees on 
Appropriations that such waiver is important to the national 
interest of the United States.

                                 BURMA

    Sec. 526.\54\ (a) \55\ The Secretary of the Treasury shall 
instruct the United States executive director to each 
appropriate international financial institution in which the 
United States participates, to oppose and vote against the 
extension by such institution of any loan or financial or 
technical assistance or any other utilization of funds of the 
respective bank to and for Burma.
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    \54\ Language similar to that in subsec. (a) was first enacted in 
sec. 531 of the Foreign Assistance Appropriations Act, 2004. Language 
stating terms for ESF for democracy activities and for humanitarian 
assistance, similar to that in subsec. (b), was first enacted in title 
II of the Foreign Assistance Appropriations Act, 1996.
    \55\ 50 U.S.C. 1701 note.
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    (b) Of the funds appropriated under the heading ``Economic 
Support Fund'', not less than $11,000,000 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 
funds made available under this heading may be made available 
notwithstanding any other provision of law: Provided further, 
That in addition to assistance for Burmese refugees provided 
under the heading ``Migration and Refugee Assistance'' in this 
Act, not less than $3,000,000 shall be made available for 
assistance for community-based organizations operating in 
Thailand to provide food, medical and other humanitarian 
assistance to internally displaced persons in eastern Burma: 
Provided further, That funds made available under this section 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.
    (c) The President shall include amounts expended by the 
Global Fund to Fight AIDS, Tuberculosis and Malaria to the 
State Peace and Development Council in Burma, directly or 
through groups and organizations affiliated with the Global 
Fund, in making determinations regarding the amount to be 
withheld by the United States from its contribution to the 
Global Fund pursuant to section 202(d)(4)(A)(ii) of Public Law 
108-25.

       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

    Sec. 527.\56\ (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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    \56\ 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 of 1979 (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.\57\ 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, subject to the regular notification 
procedures of the Committees on Appropriations, 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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    \57\ Similar language was first enacted as sec. 584 of the Foreign 
Assistance Appropriations Act, 1990. The phrase, ``subject to the 
regular notification procedures of the Committees on Appropriations,'' 
was added in sec. 528 of the Foreign Assistance Appropriations Act, 
2005.
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                           SEPARATE ACCOUNTS

    Sec. 529.\58\ (a) Separate Accounts for Local Currencies.--
---------------------------------------------------------------------------
    \58\ 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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          (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--
                  (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).\59\
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    \59\ 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; sec. 901(b)(1) of the Merchant Marine Act of 1936, as 
amended; sec. 5 of the International Air Transportation Fair 
Competitive Practice Act of 1974; sec. 644 of the Small Business Act; 
sec. 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.

                      ENTERPRISE FUND RESTRICTIONS

    Sec. 530.\60\ (a) 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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    \60\ Subsec. (a) first enacted as sec. 577 of the Foreign 
Assistance Appropriations Act, 1999. Subsec. (b) was added this year.
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    (b) Funds made available by this Act for Enterprise Funds 
shall be expended at the minimum rate necessary to make timely 
payment for projects and activities.

          FINANCIAL MARKET ASSISTANCE IN TRANSITION COUNTRIES

    Sec. 531. 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'', 
``Assistance for the Independent States of the Former Soviet 
Union'', ``Nonproliferation, Anti-terrorism, Demining and 
Related Programs'', and ``Assistance for Eastern Europe and 
Baltic States'', not less than $40,000,000 should be made 
available for building capital markets and financial systems in 
countries in transition.

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN 
                         DEVELOPMENT FOUNDATION

    Sec. 532.\61\ 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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    \61\ Similar language was first enacted in sec. 589 of the Foreign 
Assistance Appropriations Act, 1993. FY 1999 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.\62\ None of the funds appropriated by this Act 
may be obligated or expended to provide--
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    \62\ Similar language was first enacted, except the proviso in 
para. (2), 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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          (1) any financial incentive to a business enterprise 
        currently located in the United States for the purpose 
        of inducing such an enterprise to relocate outside the 
        United States if such incentive or inducement is likely 
        to reduce the number of employees of such business 
        enterprise in the United States because United States 
        production is being replaced by such enterprise outside 
        the United States; or
          (2) 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.\63\ (a) Afghanistan, Iraq, Pakistan, 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 or any similar 
provision of law and section 660 of the Foreign Assistance Act 
of 1961, and funds appropriated in titles I and II of this Act 
that are made available for Iraq, Lebanon, Montenegro, 
Pakistan, 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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    \63\ 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. Language similar to that in 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. Subsec. 
(e) was added as subsec. (f) in sec. 534 in FY 2002, which also 
included a subsec. (e), relating to contingencies. Subsec. (g), 
relating to reconstituting civilian police authority, was added in FY 
2003. Subsec. (h), relating to the World Food Program, was added in FY 
2003 as subsec. (i). Subsec. (i), relating to university programs and 
China, was added in FY 2005 as subsec. (l). Subsec. (k), relating to 
the Middle East Foundation, was added in FY 2006.
    References 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 2004 and 2005--Afghanistan, Pakistan, Lebanon, 
Montenegro, victims of war, displaced children, and displaced Burmese;
    Fiscal Year 2003--Afghanistan, Lebanon, Montenegro, victims of war, 
displaced children, displaced Burmese;
    Fiscal Years 2001 and 2002--Afghanistan, Cambodia (with 
conditions), Lebanon, Montenegro, victims of war, displaced children, 
displaced Burmese;
    Fiscal Year 2000--Afghanistan, Cambodia (with conditions), Lebanon, 
Montenegro, victims of war, displaced children, displaced Burmese, 
Romania (humanitarian assistance), Kosova (humanitarian assistance);
    Fiscal Year 1999--Afghanistan, Cambodia (with conditions), 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 25 personal services 
contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim 
support for new or expanded overseas programs and activities 
managed by the agency until permanent direct hire personnel are 
hired and trained: Provided, That not more than 10 of such 
contractors shall be assigned to any bureau or office: Provided 
further, That such funds appropriated to carry out 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) \64\ (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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    \64\ 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).
    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); through October 16, 2003 (Presidential Determination No. 2003-
20; April 16, 2003; 68 F.R. 20327); through April 14, 2004 
(Presidential Determination No. 2004-04; October 14, 2003; 68 F.R. 
60841); through October 14, 2004 (Presidential Determination No. 2004-
28; April 14, 2004; 69 F.R. 21679); through April 14, 2005 
(Presidential Determination No. 2005-02; October 14, 2004; 69 F.R. 
62795); through October 14, 2005 (Presidential Determination No. 2005-
22; 70 F.R. 21611); and through April 14, 2006 (Presidential 
Determination No. 2006-01; October 14, 2005; 70 F.R. 62225).
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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) 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.
    (f) Vietnamese Refugees.--Section 594(a) of the Foreign 
Operations, Export Financing, and Related Programs 
Appropriations Act, 2005 (enacted as division D of Public Law 
108-447; 118 Stat. 3038) is amended by striking ``and 2005'' 
and inserting ``through 2007''.
    (g) 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.
    (h) 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 $10,000,000 shall be made 
available as a general contribution to the World Food Program, 
notwithstanding any other provision of law.
    (i) University Programs.--Notwithstanding any other 
provision of law, of the funds appropriated under the heading 
``Development Assistance'' in this Act, up to $5,000,000 shall 
be made available to American educational institutions for 
programs and activities in the People's Republic of China 
relating to the environment, democracy, and the rule of law: 
Provided, That funds made available pursuant to this authority 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.
    (j) Extension of Authority.--
          (1) With respect to funds appropriated by this Act 
        that are available for assistance for Pakistan, the 
        President may waive the prohibition on assistance 
        contained in section 508 of this Act subject to the 
        requirements contained in section 1(b) of Public Law 
        107-57, as amended, for a determination and 
        certification, and consultation, by the President prior 
        to the exercise of such waiver authority.
          (2) Section 512 of this Act and section 620(q) of the 
        Foreign Assistance Act of 1961 shall not apply with 
        respect to assistance for Pakistan from funds 
        appropriated by this Act.
          (3) Notwithstanding the date contained in section 6 
        of Public Law 107-57, as amended, the provisions of 
        sections 2 and 4 of that Act shall remain in effect 
        through the current fiscal year.
    (k) Middle East Foundation.--Of the funds appropriated by 
this Act under the heading ``Economic Support Fund'' that are 
available for the Middle East Partnership Initiative, up to 
$35,000,000 may be made available, including as an endowment, 
notwithstanding any other provision of law and following 
consultations with the Committees on Appropriations, to 
establish and operate a Middle East Foundation, or any other 
similar entity, whose purpose is to support democracy, 
governance, human rights, and the rule of law in the Middle 
East region: Provided, That such funds may be made available to 
the Foundation only to the extent that the Foundation has 
commitments from sources other than the United States 
Government to at least match the funds provided under the 
authority of this subsection: Provided further, That 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 to any such foundation or similar 
entity referred to under this subsection, and to funds made 
available to such entity, in order to enable it to provide 
assistance for purposes of this section: Provided further, That 
prior to the initial obligation of funds for any such 
foundation or similar entity pursuant to the authorities of 
this subsection, other than for administrative support, the 
Secretary of State shall take steps to ensure, on an ongoing 
basis, that any such funds made available pursuant to such 
authorities are not provided to or through any individual or 
group that the management of the foundation or similar entity 
knows or has reason to believe, advocates, plans, sponsors, or 
otherwise engages in terrorist activities: Provided further, 
That section 530 of this Act shall apply to any such foundation 
or similar entity established pursuant to this subsection: 
Provided further, That the authority of the Foundation, or any 
similar entity, to provide assistance shall cease to be 
effective on September 30, 2010.
    (l) Extension of Authority.--(1) Section 21(h)(1)(A) of the 
Arms Export Control Act (22 U.S.C. 2761(h)(1)(A)) is amended by 
inserting after ``North Atlantic Treaty Organization'' the 
following: ``or the Governments of Australia, New Zealand, 
Japan, or Israel''.
          (2) Section 21(h)(2) of the Arms Export Control Act 
        (22 U.S.C. 2761(h)(2)) is amended by striking ``or to 
        any member government that Organization if that 
        Organization or member government'' and inserting the 
        following: ``, to any member of that Organization, or 
        to the Governments of Australia, New Zealand, Japan, or 
        Israel if that Organization, member government, or the 
        Governments of Australia, New Zealand, Japan, or 
        Israel''.
          (3) Section 541 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2347) is amended--
                  (A) in the first sentence, by striking ``The 
                President'' and inserting ``(a) The 
                President''; and
                  (B) by adding at the end the following new 
                subsection:
    ``(b) The President shall seek reimbursement for military 
education and training furnished under this chapter from 
countries using assistance under section 23 of the Arms Export 
Control Act (22 U.S.C. 2763, relating to the Foreign Military 
Financing Program) to purchase such military education and 
training at a rate comparable to the rate charged to countries 
receiving grant assistance for military education and training 
under this chapter.''.
    (m) Extension of Authority.--The Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 
(Public Law 101-167) is amended--
          (1) in section 599D (8 U.S.C. 1157 note)--
                  (A) in subsection (b)(3), by striking ``and 
                2005'' and inserting ``2005, and 2006''; and
                  (B) in subsection (e), by striking ``2005'' 
                each place it appears and inserting ``2006''; 
                and
          (2) in section 599E (8 U.S.C. 1255 note) in 
        subsection (b)(2), by striking ``2005'' and inserting 
        ``2006''.

                     ARAB LEAGUE BOYCOTT OF ISRAEL

    Sec. 535.\65\ It is the sense of the Congress that--
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    \65\ 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) all Arab League states should normalize relations 
        with their neighbor Israel;
          (4) 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
          (5) 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.

                       ELIGIBILITY FOR ASSISTANCE

    Sec. 536.\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 2006, 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.

                         RESERVATIONS OF FUNDS

    Sec. 537.\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 the reservation of funds or earmarks 
was first enacted in the Foreign Assistance Appropriations Act, 1988, 
but has substantially changed since then. Prior to FY 2004, the section 
heading read ``earmarks''. 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. 538.\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. 539.\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 $25,000 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 2005, 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. 540.\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. 541.\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. 542.\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 of 1979. 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''. 
Beginning in FY 2002, the text referred instead to section 6(j) of the 
Export Administration Act of 1979.
    See also sec. 620A of the Foreign Assistance Act of 1961 and sec. 
40 of the Arms Export Control Act.
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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 AND REAL PROPERTY TAXES 
                       OWED BY FOREIGN COUNTRIES

    Sec. 543.\74\ (a) Subject to subsection (c), of the funds 
appropriated by this Act that are made available for assistance 
for a foreign country, an amount equal to 110 percent of the 
total amount of the unpaid fully adjudicated parking fines and 
penalties and unpaid property taxes owed by the central 
government of such country shall be withheld from obligation 
for assistance for the central government of such country until 
the Secretary of State submits a certification to the 
appropriate congressional committees stating that such parking 
fines and penalties and unpaid property taxes are fully paid.
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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. In FY 2005, the section was 
expanded to include unpaid real property taxes. Functions relating to 
certifications and reports under this section were delegated to the 
Director and Deputy Director of the Office of Foreign Missions in 
Department of State Delegation of Authority 272 (February 17, 2004; 69 
F.R. 18998).
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    (b) Funds withheld from obligation pursuant to subsection 
(a) may be made available for other programs or activities 
funded by this Act, after consultation with and subject to the 
regular notification procedures of the appropriate 
congressional committees, provided that no such funds shall be 
made available for assistance for the central government of a 
foreign country that has not paid the total amount of the fully 
adjudicated parking fines and penalties and unpaid property 
taxes owed by such country.
    (c) Subsection (a) shall not include amounts that have been 
withheld under any other provision of law.
    (d)(1) The Secretary of State may waive the requirements 
set forth in subsection (a) with respect to parking fines and 
penalties no sooner than 60 days from the date of enactment of 
this Act, or at any time with respect to a particular country, 
if the Secretary determines that it is in the national 
interests of the United States to do so.
    (2) The Secretary of State may waive the requirements set 
forth in subsection (a) with respect to the unpaid property 
taxes if the Secretary of State determines that it is in the 
national interests of the United States to do so.
    (e) Not later than 6 months after the initial exercise of 
the waiver authority in subsection (d), the Secretary of State, 
after consultations with the City of New York, shall submit a 
report to the Committees on Appropriations describing a 
strategy, including a timetable and steps currently being 
taken, to collect the parking fines and penalties and unpaid 
property taxes and interest owed by nations receiving foreign 
assistance under this Act.
    (f) In this section:
          (1) The term ``appropriate congressional committees'' 
        means the Committee on Appropriations of the Senate and 
        the Committee on Appropriations of the House of 
        Representatives.
          (2) The term ``fully adjudicated'' includes 
        circumstances in which the person to whom the vehicle 
        is registered--
                  (A)(i) has not responded to the parking 
                violation summons; or
                  (ii) has not followed the appropriate 
                adjudication procedure to challenge the 
                summons; and
                  (B) the period of time for payment of or 
                challenge to the summons has lapsed.
          (3) The term ``parking fines and penalties'' means 
        parking fines and penalties--
                  (A) owed to--
                          (i) the District of Columbia; or
                          (ii) New York, New York; and
                  (B) incurred during the period April 1, 1997, 
                through September 30, 2005.
          (4) The term ``unpaid property taxes'' means the 
        amount of unpaid taxes and interest determined to be 
        owed by a foreign country on real property in the 
        District of Columbia or New York, New York in a court 
        order or judgment entered against such country by a 
        court of the United States or any State or subdivision 
        thereof.

    LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA

    Sec. 544.\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. 545.\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 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, 
Rwanda, or the Special Court for Sierra Leone 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 was 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. 
Reference to the Special Court for Sierra Leone was added in FY 2004.
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                               LANDMINES

    Sec. 546.\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. 547.\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.
---------------------------------------------------------------------------
    \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. 548.\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--
---------------------------------------------------------------------------
    \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.

                                 HAITI

    Sec. 549.\80\ (a) Of the funds appropriated by this Act, 
the following amounts shall be made available for assistance 
for Haiti--
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    \80\ Language similar to that of subsec. (b) was first enacted as 
sec. 582 of the Foreign Assistance Appropriations Act, 1997. Prior to 
FY 2001, the section stated eligibility for both Haiti's Coast Guard 
and the civilian-led Haitian National Police.
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          (1) $20,000,000 from ``Child Survival and Health 
        Programs Fund'';
          (2) $30,000,000 from ``Development Assistance'';
          (3) $50,000,000 from ``Economic Support Fund'';
          (4) $15,000,000 from ``International Narcotics 
        Control and Law Enforcement'';
          (5) $1,000,000 from ``Foreign Military Financing 
        Program''; and
          (6) $215,000 from ``International Military Education 
        and Training''.
    (b) 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.
    (c) None of the funds made available in this Act under the 
heading ``International Narcotics Control and Law Enforcement'' 
may be used to transfer excess weapons, ammunition or other 
lethal property of an agency of the United States Government to 
the Government of Haiti for use by the Haitian National Police 
until the Secretary of State certifies to the Committees on 
Appropriations that: (1) the United Nations Mission in Haiti 
(MINUSTAH) has carried out the vetting of the senior levels of 
the Haitian National Police and has ensured that those credibly 
alleged to have committed serious crimes, including drug 
trafficking and human rights violations, have been suspended; 
and (2) the Transitional Haitian National Government is 
cooperating in a reform and restructuring plan for the Haitian 
National Police and the reform of the judicial system as called 
for in United Nations Security Council Resolution 1608 adopted 
on June 22, 2005.

         LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

    Sec. 550.\81\ (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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    \81\ Similar language was first enacted as sec. 566 of the Foreign 
Assistance Appropriations Act, 1998. Subsec. (d) was added in FY 2004.
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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.
    (d) Report.--Whenever the waiver authority pursuant to 
subsection (b) is exercised, the President shall submit a 
report to the Committees on Appropriations detailing the steps 
the Palestinian Authority has taken to arrest terrorists, 
confiscate weapons and dismantle the terrorist infrastructure. 
The report shall also include a description of how funds will 
be spent and the accounting procedures in place to ensure that 
they are properly disbursed.

              LIMITATION ON ASSISTANCE TO SECURITY FORCES

    Sec. 551.\82\ 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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    \82\ 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.
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                    FOREIGN MILITARY TRAINING REPORT

    Sec. 552.\83\ The annual foreign military training report 
required by section 656 of the Foreign Assistance Act of 1961 
shall be submitted by the Secretary of Defense and the 
Secretary of State to the Committees on Appropriations of the 
House of Representatives and the Senate by the date specified 
in that section.
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    \83\ Similar requirements were first enacted as sec. 581 of the 
Foreign Assistance Appropriations Act, 1998. Stated in permanent law in 
1999 at sec. 656 of the Foreign Assistance Act of 1961, as amended by 
sec. 1307 of the Arms Control, Nonproliferation, and Security 
Assistance Act of 1999.
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                       AUTHORIZATION REQUIREMENT

    Sec. 553. Funds appropriated by this Act, except funds 
appropriated under the headings ``Trade and Development 
Agency'', ``Overseas Private Investment Corporation'', and 
``Global HIV/AIDS Initiative'', 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.

                                CAMBODIA

    Sec. 554.\84\ (a)(1) None of the funds appropriated by this 
Act may be made available for assistance for the Central 
Government of Cambodia.
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    \84\ Restrictions to assistance for the Central Government of 
Cambodia were first enacted as sec. 573 of the Foreign Assistance 
Appropriations Act, 1998. The subsecs. have changed substantially in 
each fiscal year.
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    (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, 
development and implementation of legislation and 
implementation of procedures on inter-country adoptions 
consistent with international standards, rule of law programs, 
counternarcotics programs, programs to combat human trafficking 
that are provided through nongovernmental organizations, anti-
corruption programs, and for the Ministry of Women and Veterans 
Affairs to combat human trafficking.
    (b) Notwithstanding any provision of this or any other Act, 
of the funds appropriated by this Act under the heading 
``Economic Support Fund'', $15,000,000 shall be made available 
for activities to support democracy, the rule of law, and human 
rights, including assistance for democratic political parties 
in Cambodia.
    (c) Funds appropriated by this Act to carry out provisions 
of section 541 of the Foreign Assistance Act of 1961 may be 
made available notwithstanding subsection (a).

                         PALESTINIAN STATEHOOD

    Sec. 555.\85\ (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--
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    \85\ Similar language first enacted as sec. 563 of the Foreign 
Assistance Appropriations Act, 2003.
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          (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 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 550 
of this Act (``Limitation on Assistance to the Palestinian 
Authority'').

                                COLOMBIA

    Sec. 556.\86\ (a) Determination and Certification 
Required.--Funds appropriated by this Act that are available 
for assistance for the Colombian Armed Forces, may be made 
available as follows:
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    \86\ Similar language first enacted as sec. 567 of the Foreign 
Assistance Appropriations Act, 2002. Sec. 556(a)(2)(F), relating to 
property rights of indigenous communities, was added in FY 2006.
---------------------------------------------------------------------------
          (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, 
                according to the Minister of Defense or the 
                Procuraduria General de la Nacion, 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 vigorously 
                investigating and 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 promptly 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 have made 
                substantial progress in 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 have made 
                substantial progress in 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, especially in regions where 
                these organizations have a significant 
                presence.
                  (E) The Colombian Government is dismantling 
                paramilitary leadership and financial networks 
                by arresting commanders and financial backers, 
                especially in regions where these networks have 
                a significant presence.
                  (F) The Colombian Government is taking 
                effective steps to ensure that the Colombian 
                Armed Forces are not violating the land and 
                property rights of Colombia's indigenous 
                communities.
          (3) The balance of such funds may be obligated after 
        July 31, 2006, 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) Congressional Notification.--Funds made available by 
this Act for the Colombian Armed Forces shall be subject to the 
regular notification procedures of the Committees on 
Appropriations.
    (c) Consultative Process.--Not later than 60 days after the 
date of enactment of this Act, and every 90 days thereafter 
until September 30, 2007, the Secretary of State shall consult 
with internationally recognized human rights organizations 
regarding progress in meeting the conditions contained in 
subsection (a).
    (d) 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. 557.\87\ (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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    \87\ 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. 558.\88\ 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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    \88\ First enacted as sec. 584 of the Foreign Assistance 
Appropriations Act, 1999.
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                       WEST BANK AND GAZA PROGRAM

    Sec. 559.\89\ (a) Oversight.--For fiscal year 2006, 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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    \89\ Language similar to that in subsec. (a) was first enacted as 
sec. 587 of the Foreign Assistance Appropriations Act, 2000. Language 
similar to that in subsecs. (b) and (d) were first enacted in sec. 568 
of the Foreign Assistance Appropriations Act, 2003. Subsec. (c) was 
added in FY 2005. Subsec. (e) was added to the FY 2005 Act by 
amendment. Subsec. (f) is new in FY 2006. It refers to sec. 2106 Public 
Law 109-13, which provides the following:
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``reporting requirement
---------------------------------------------------------------------------

    ``Sec. 2106. Not later than 60 days after the date of enactment of 
this Act, the President shall submit a report to the Congress 
detailing: (1) information regarding the Palestinian security services, 
including their numbers, accountability, and chains of command, and 
steps taken to purge from their ranks individuals with ties to 
terrorist entities; (2) specific steps taken by the Palestinian 
Authority to dismantle the terrorist infrastructure, confiscate 
unauthorized weapons, arrest and bring terrorists to justice, destroy 
unauthorized arms factories, thwart and preempt terrorist attacks, and 
cooperate with Israel's security services; (3) specific actions taken 
by the Palestinian Authority to stop incitement in Palestinian 
Authority-controlled electronic and print media and in schools, 
mosques, and other institutions it controls, and to promote peace and 
coexistence with Israel; (4) specific steps the Palestinian Authority 
has taken to further democracy, the rule of law, and an independent 
judiciary, and transparent and accountable governance; (5) the 
Palestinian Authority's cooperation with United States officials in 
investigations into the late Palestinian leader Yasser Arafat's 
finances; and (6) the amount of assistance pledged and actually 
provided to the Palestinian Authority by other donors: Provided, That 
not later than 180 days after enactment of this Act, the President 
shall submit to the Congress an update of this report: Provided 
further, That up to $5,000,000 of the funds made available for 
assistance for the West Bank and Gaza by this chapter under `Economic 
Support Fund' shall be used for an outside, independent evaluation by 
an internationally recognized accounting firm of the transparency and 
accountability of Palestinian Authority accounting procedures and an 
audit of expenditures by the Palestinian Authority.''.
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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, private or 
government entity, or educational institution 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 and shall terminate assistance to any 
individual, entity, or educational institution which he has 
determined to be involved in or advocating terrorist activity.
    (c) Prohibition.--None of the funds appropriated by this 
Act for assistance under the West Bank and Gaza program may be 
made available for the purpose of recognizing or otherwise 
honoring individuals who commit, or have committed, acts of 
terrorism.
    (d) 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.
    (e) Subsequent to the certification specified in subsection 
(a), the Comptroller General of the United States shall conduct 
an audit and an investigation of the treatment, handling, and 
uses of all funds for the bilateral West Bank and Gaza Program 
in fiscal year 2006 under the heading ``Economic Support 
Fund''. The audit shall address--
          (1) the extent to which such Program complies with 
        the requirements of subsections (b) and (c), and
          (2) an examination of all programs, projects, and 
        activities carried out under such Program, including 
        both obligations and expenditures.
    (f) Not later than 180 days after enactment of this Act, 
the Secretary of State shall submit a report to the Committees 
on Appropriations updating the report contained in section 2106 
of chapter 2 of title II of Public Law 109-13.

            CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

    Sec. 560. (a) Limitations on Amount of Contribution.--Of 
the amounts made available under ``International Organizations 
and Programs'' and ``Child Survival and Health Programs Fund'' 
for fiscal year 2006, $34,000,000 shall be made available for 
the United Nations Population Fund (hereafter in this section 
referred to as the ``UNFPA''): Provided, That of this amount, 
not less than $22,500,000 shall be derived from funds 
appropriated under the heading ``International Organizations 
and Programs''.
    (b) Availability of Funds.--Funds appropriated under the 
heading ``International Organizations and Programs'' in this 
Act that are available for UNFPA, that are not made available 
for UNFPA because of the operation of any provision of law, 
shall be transferred to ``Child Survival and Health Programs 
Fund'' and shall be made available for family planning, 
maternal, and reproductive health activities, subject to the 
regular notification procedures of the Committees on 
Appropriations.
    (c) 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.
    (d) Conditions on Availability of Funds.--Amounts made 
available under ``International Organizations and Programs'' 
for fiscal year 2006 for the UNFPA may not be made available to 
UNFPA unless--
          (1) the UNFPA maintains amounts made available to the 
        UNFPA under this section in an account separate from 
        other accounts of the UNFPA;
          (2) the UNFPA does not commingle amounts made 
        available to the UNFPA under this section with other 
        sums; and
          (3) the UNFPA does not fund abortions.

                             WAR CRIMINALS

    Sec. 561.\90\ (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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    \90\ 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. 562.\91\ 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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    \91\ Similar language first enacted as sec. 596 of the Foreign 
Assistance Appropriations Act, 2001.
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                           FUNDING FOR SERBIA

    Sec. 563. (a) Funds appropriated by this Act may be made 
available for assistance for the central Government of Serbia 
after May 31, 2006, if the President has made the determination 
and certification contained in subsection (c).
    (b) After May 31, 2006, 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 Serbia and Montenegro 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,\92\ shall not 
apply to the provision of loans and assistance to the 
Government of Serbia and Montenegro through international 
financial institutions.
---------------------------------------------------------------------------
    \92\ Sec. 576 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1997 (Public Law 104-208), as 
amended, provided the following:
---------------------------------------------------------------------------

``transparency of budgets
---------------------------------------------------------------------------

    ``Sec. 576. (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--
---------------------------------------------------------------------------

  ``(1) does not have in place a functioning system for reporting to 
civilian authorities audits of receipts and expenditures that fund 
activities of the armed forces and security forces;

  ``(2) has not provided to the institution information about the audit 
process requested by the institution.
---------------------------------------------------------------------------

    ``(b) Definition.--For purposes of this section, the term 
`international financial institution' shall include the institutions 
identified in section 532(b) of this Act.''.
---------------------------------------------------------------------------
    (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 Serbia and Montenegro 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, including Ratko Mladic and Radovan 
        Karadzic, unless the Secretary of State determines and 
        reports to the Committees on Appropriations that these 
        individuals are no longer residing in Serbia;
          (2) taking steps that are consistent with the Dayton 
        Accords to end Serbian financial, political, security 
        and other support which has served to maintain separate 
        Republika Srpska institutions; and
          (3) taking steps to implement policies which reflect 
        a respect for minority rights and the rule of law.
    (d) This section shall not apply to Montenegro, Kosovo, 
humanitarian assistance or assistance to promote democracy.

                   COMMUNITY-BASED POLICE ASSISTANCE

    Sec. 564.\93\ (a) Authority.--Funds made available by this 
Act to carry out the provisions of chapter 1 of part I and 
chapter 4 of part II of the Foreign Assistance Act of 1961, may 
be used, notwithstanding section 660 of that Act, to enhance 
the effectiveness and accountability of civilian police 
authority 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, respond to disasters, address gender-based 
violence, and foster improved police relations with the 
communities they serve.
---------------------------------------------------------------------------
    \93\ 22 U.S.C. 2151 note. A section relating to community-based 
police assistance was first enacted as sec. 582 of the Foreign 
Assistance Appropriations Act, 2002.
---------------------------------------------------------------------------
    (b) Notification.--Assistance provided under subsection (a) 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

                  SPECIAL DEBT RELIEF FOR THE POOREST

    Sec. 565.\94\ (a) Authority To Reduce Debt.--The President 
may reduce amounts owed to the United States (or any agency of 
the United States) by an eligible country as a result of--
---------------------------------------------------------------------------
    \94\ Similar language, except subsec. (a)(3), which was added by 
sec. 559 of the Foreign Assistance Appropriations Act, 1999, was first 
enacted as sec. 570(a) of the Foreign Assistance Appropriations Act, 
1994. Subsec. (b) of that section also amended the Export-Import Bank 
Act of 1945 to authorize debt relief for the poorest, most heavily 
indebted nations. See Legislation on Foreign Relations Through 2005, 
vol. III.
    In a memorandum of July 8, 1996, the President delegated to the 
Secretary of the Treasury, in consultation with the Secretaries of 
State and Defense, the functions, authorities, and duties conferred on 
the President by sec. 570(a) of this Act, sec. 561(a) of Public Law 
103-306, and any similar subsequent provision of law (61 F.R. 38563).
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          (1) guarantees issued under sections 221 and 222 of 
        the Foreign Assistance Act of 1961;
          (2) credits extended or guarantees issued under the 
        Arms Export Control Act; or
          (3) any obligation or portion of such obligation, to 
        pay for purchases of United States agricultural 
        commodities guaranteed by the Commodity Credit 
        Corporation under export credit guarantee programs 
        authorized pursuant to section 5(f) of the Commodity 
        Credit Corporation Charter Act of June 29, 1948, as 
        amended, section 4(b) of the Food for Peace Act of 
        1966, as amended (Public Law 89-808), or section 202 of 
        the Agricultural Trade Act of 1978, as amended (Public 
        Law 95-501).
    (b) Limitations.--
          (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt 
        relief and referendum agreements, commonly referred to 
        as ``Paris Club Agreed Minutes''.
          (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is 
        provided in advance by appropriations Acts.
          (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy 
        debt burdens that are eligible to borrow from the 
        International Development Association, but not from the 
        International Bank for Reconstruction and Development, 
        commonly referred to as ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) 
may be exercised only with respect to a country whose 
government--
          (1) does not have an excessive level of military 
        expenditures;
          (2) has not repeatedly provided support for acts of 
        international terrorism;
          (3) is not failing to cooperate on international 
        narcotics control matters;
          (4) (including its military or other security forces) 
        does not engage in a consistent pattern of gross 
        violations of internationally recognized human rights; 
        and
          (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to the funds 
appropriated by this Act under the heading ``Debt 
Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance 
for the purposes of any provision of law limiting assistance to 
a country. The authority provided by subsection (a) may be 
exercised notwithstanding section 620(r) of the Foreign 
Assistance Act of 1961 or section 321 of the International 
Development and Food Assistance Act of 1975.

             authority to engage in debt buybacks or sales

    Sec. 566.\95\ (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
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    \95\ Similar language was first enacted as sec. 571 of the Foreign 
Assistance Appropriations Act, 1996. No such section was included in FY 
2003 Act, however.
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          (1) Authority to sell, reduce, or cancel certain 
        loans.--Notwithstanding any other provision of law, the 
        President may, in accordance with this section, sell to 
        any eligible purchaser any concessional loan or portion 
        thereof made before January 1, 1995, pursuant to the 
        Foreign Assistance Act of 1961, to the government of 
        any eligible country as defined in section 702(6) of 
        that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion 
        thereof, only for the purpose of facilitating--
                  (A) debt-for-equity swaps, debt-for-
                development swaps, or debt-for-nature swaps; or
                  (B) a debt buyback by an eligible country of 
                its own qualified debt, only if the eligible 
                country uses an additional amount of the local 
                currency of the eligible country, equal to not 
                less than 40 percent of the price paid for such 
                debt by such eligible country, or the 
                difference between the price paid for such debt 
                and the face value of such debt, to support 
                activities that link conservation and 
                sustainable use of natural resources with local 
                community development, and child survival and 
                other child development, in a manner consistent 
                with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, 
                or cancellation would not contravene any term 
                or condition of any prior agreement relating to 
                such loan.
          (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance 
        with this section, establish the terms and conditions 
        under which loans may be sold, reduced, or canceled 
        pursuant to this section.
          (3) Administration.--The Facility, as defined in 
        section 702(8) of the Foreign Assistance Act of 1961, 
        shall notify the administrator of the agency primarily 
        responsible for administering part I of the Foreign 
        Assistance Act of 1961 of purchasers that the President 
        has determined to be eligible, and shall direct such 
        agency to carry out the sale, reduction, or 
        cancellation of a loan pursuant to this section. Such 
        agency shall make adjustment in its accounts to reflect 
        the sale, reduction, or cancellation.
          (4) Limitation.--The authorities of this subsection 
        shall be available only to the extent that 
        appropriations for the cost of the modification, as 
        defined in section 502 of the Congressional Budget Act 
        of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, 
reduction, or cancellation of any loan sold, reduced, or 
canceled pursuant to this section shall be deposited in the 
United States Government account or accounts established for 
the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to 
subsection (a)(1)(A) only to a purchaser who presents plans 
satisfactory to the President for using the loan for the 
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this 
section, of any loan made to an eligible country, the President 
should consult with the country concerning the amount of loans 
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature 
swaps.
    (e) Availability of Funds.--The authority provided by 
subsection (a) may be used only with regard to funds 
appropriated by this Act under the heading ``Debt 
Restructuring''.

                            BASIC EDUCATION

    Sec. 567. Of the funds appropriated by title II of this 
Act, not less than $465,000,000 shall be made available for 
basic education, of which not less than $250,000 shall be 
provided to the Comptroller General of the United States to 
prepare an analysis of United States funded international basic 
education programs, which should be submitted to the Committees 
on Appropriations by May 1, 2006.

                        RECONCILIATION PROGRAMS

    Sec. 568.\96\ Of the funds appropriated under the heading 
``Economic Support Fund'', not less than $15,000,000 should be 
made available to support reconciliation programs and 
activities which bring together individuals of different 
ethnic, religious, and political backgrounds from areas of 
civil conflict and war.
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    \96\ Similar language first enacted as sec. 585 of the Foreign 
Assistance Appropriations Act, 2004, though in each of FY 2004 and FY 
2005 the section read ``shall be made available''.
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                                 SUDAN

    Sec. 569.\97\ (a) Availability of Funds.--Of the funds 
appropriated under the heading ``Development Assistance'' up to 
$70,000,000 may be made available for assistance for Sudan, of 
which not to exceed $6,000,000 may be made available for 
administrative expenses of the United States Agency for 
International Development associated with assistance programs 
for Sudan.
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    \97\ Similar language was first enacted as sec. 569 of the Foreign 
Assistance Appropriations Act, 2005.
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    (b) Limitation on Assistance.--Subject to subsection (c):
          (1) Notwithstanding section 501(a) of the 
        International Malaria Control Act of 2000 (Public Law 
        106-570) or any other provision of law, none of the 
        funds appropriated by this Act may be made available 
        for assistance for the Government of Sudan.
          (2) None of the funds appropriated by this Act 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 held by the Government of 
        Sudan, including the cost of selling, reducing, or 
        canceling amounts owed to the United States, and 
        modifying concessional loans, guarantees, and credit 
        agreements.
    (c) Subsection (b) shall not apply if the Secretary of 
State determines and certifies to the Committees on 
Appropriations that--
          (1) the Government of Sudan has taken significant 
        steps to disarm and disband government-supported 
        militia groups in the Darfur region;
          (2) the Government of Sudan and all government-
        supported militia groups are honoring their commitments 
        made in the cease-fire agreement of April 8, 2004; and
          (3) the Government of Sudan is allowing unimpeded 
        access to Darfur to humanitarian aid organizations, the 
        human rights investigation and humanitarian teams of 
        the United Nations, including protection officers, and 
        an international monitoring team that is based in 
        Darfur and that has the support of the United States.
    (d) Exceptions.--The provisions of subsection (b) shall not 
apply to--
          (1) humanitarian assistance;
          (2) assistance for Darfur and for areas outside the 
        control of the Government of Sudan; and
          (3) assistance to support implementation of the 
        Comprehensive Peace Agreement.
    (e) Definitions.--For the purposes of this Act and section 
501 of Public Law 106-570, the terms ``Government of Sudan'', 
``areas outside of control of the Government of Sudan'', and 
``area in Sudan outside of control of the Government of Sudan'' 
shall have the same meaning and application as was the case 
immediately prior to June 5, 2004, and, Southern Kordofan/Nuba 
Mountains State, Blue Nile State and Abyei shall be deemed 
``areas outside of control of the Government of Sudan''.

                        TRADE CAPACITY BUILDING

    Sec. 570.\98\ 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 
$522,000,000 should be made available for trade capacity 
building assistance: Provided, That $20,000,000 of the funds 
appropriated in this Act under the heading ``Economic Support 
Fund'' shall be made available for labor and environmental 
capacity building activities relating to the free trade 
agreement with the countries of Central America and the 
Dominican Republic.
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    \98\ Language similar to that preceding the proviso was first 
enacted as sec. 584 of the Foreign Assistance Appropriations Act, 2003.
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 EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND 
                        CERTAIN OTHER COUNTRIES

    Sec. 571.\99\ Notwithstanding section 516(e) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 
2006, 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, Afghanistan, Bulgaria, 
Croatia, Estonia, Former Yugoslavian Republic of Macedonia, 
Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia, 
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, 
Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
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    \99\ Similar language was first enacted as sec. 571 of the Foreign 
Assistance Appropriations Act, 2005.
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                                ZIMBABWE

    Sec. 572.\100\ 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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    \100\ 22 U.S.C. 2151 note. First enacted as sec. 560 of the Foreign 
Assistance Appropriations Act, 2002.
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                         GENDER-BASED VIOLENCE

    Sec. 573. Programs funded under titles II and III of this 
Act that provide training for foreign police, judicial, and 
military officials, shall include, where appropriate, programs 
and activities that address gender-based violence.

  LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN 
    GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT

    Sec. 574.\101\ (a) None of the funds made available in this 
Act in title II under the heading ``Economic Support Fund'' may 
be used to provide assistance to the government of a country 
that is a party to the International Criminal Court and has not 
entered into an agreement with the United States pursuant to 
Article 98 of the Rome Statute preventing the International 
Criminal Court from proceeding against United States personnel 
present in such country.
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    \101\ Language related to foreign aid and the International 
Criminal Court was first enacted as sec. 574 of the Foreign Assistance 
Appropriations Act, 2005; that sec. authorized the President to waive 
the prohibitions in subsecs. (b) and (c) ``without prior notice to 
Congress''.
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    (b) The President may, with prior notice to Congress, waive 
the prohibition of subsection (a) with respect to a North 
Atlantic Treaty Organization (``NATO'') member country, a major 
non-NATO ally (including Australia, Egypt, Israel, Japan, 
Jordan, Argentina, the Republic of Korea, and New Zealand), 
Taiwan, or such other country as he may determine if he 
determines and reports to the appropriate congressional 
committees that it is important to the national interests of 
the United States to waive such prohibition.
    (c) The President may, with prior notice to Congress, waive 
the prohibition of subsection (a) with respect to a particular 
country if he determines and reports to the appropriate 
congressional committees that such country has entered into an 
agreement with the United States pursuant to Article 98 of the 
Rome Statute preventing the International Criminal Court from 
proceeding against United States personnel present in such 
country.
    (d) The prohibition of this section shall not apply to 
countries otherwise eligible for assistance under the 
Millennium Challenge Act of 2003, notwithstanding section 
606(a)(2)(B) of such Act.
    (e) Funds appropriated for fiscal year 2005 under the 
heading ``Economic Support Fund'' may be made available for 
democracy and rule of law programs and activities, 
notwithstanding the provisions of section 574 of division D of 
Public Law 108-447.

                                 TIBET

    Sec. 575.\102\ (a) The Secretary of the Treasury should 
instruct the United States executive director to each 
international financial institution to use the voice and vote 
of the United States to support projects in Tibet if such 
projects do not provide incentives for the migration and 
settlement of non-Tibetans into Tibet or facilitate the 
transfer of ownership of Tibetan land and natural resources to 
non-Tibetans; are based on a thorough needs-assessment; foster 
self-sufficiency of the Tibetan people and respect Tibetan 
culture and traditions; and are subject to effective 
monitoring.
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    \102\ Similar language was first enacted as sec. 558 of the Foreign 
Assistance Appropriations Act, 2004.
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    (b) Notwithstanding any other provision of law, not less 
than $4,000,000 of the funds appropriated by this Act under the 
heading ``Economic Support Fund'' should 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, and not less than $250,000 should 
be made available to the National Endowment for Democracy for 
human rights and democracy programs relating to Tibet.

                            CENTRAL AMERICA

    Sec. 576.\103\ (a) Of the funds appropriated by this Act 
under the headings ``Child Survival and Health Programs Fund'' 
and ``Development Assistance'', not less than the amount of 
funds initially allocated pursuant to section 653(a) of the 
Foreign Assistance Act of 1961 for fiscal year 2005 should be 
made available for El Salvador, Guatemala, Nicaragua and 
Honduras.
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    \103\ Language identical to subsec. (a) was enacted as sec. 584(a) 
of the Foreign Assistance Appropriations Act, 2005.
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    (b) In addition to the amounts requested under the heading 
``Economic Support Fund'' for assistance for Nicaragua and 
Guatemala in fiscal year 2006, not less than $1,500,000 should 
be made available for electoral assistance, media and civil 
society programs, and activities to combat corruption and 
strengthen democracy in Nicaragua, and not less than $1,500,000 
should be made available for programs and activities to combat 
organized crime, crimes of violence specifically targeting 
women, and corruption in Guatemala.
    (c) Funds made available pursuant to subsection (b) shall 
be subject to prior consultation with the Committees on 
Appropriations.

     UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT

                     (including transfer of funds)

    Sec. 577.\104\ (a) Authority.--Up to $75,000,000 of the 
funds made available in this Act to carry out the provisions of 
part I of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ``Assistance for Eastern Europe 
and the Baltic States'', may be used by the United States 
Agency for International Development (USAID) to hire and employ 
individuals in the United States and overseas on a limited 
appointment basis pursuant to the authority of sections 308 and 
309 of the Foreign Service Act of 1980.
---------------------------------------------------------------------------
    \104\ 22 U.S.C. 3948 note.
---------------------------------------------------------------------------
    (b) Restrictions.--
          (1) The number of individuals hired in any fiscal 
        year pursuant to the authority contained in subsection 
        (a) may not exceed 175.
          (2) The authority to hire individuals contained in 
        subsection (a) shall expire on September 30, 2008.
    (c) Conditions.--The authority of subsection (a) may only 
be used to the extent that an equivalent number of positions 
that are filled by personal services contractors or other 
nondirect-hire employees of USAID, who are compensated with 
funds appropriated to carry out part I of the Foreign 
Assistance Act of 1961, including funds appropriated under the 
heading ``Assistance for Eastern Europe and the Baltic 
States'', are eliminated.
    (d) Priority Sectors.--In exercising the authority of this 
section, primary emphasis shall be placed on enabling USAID to 
meet personnel positions in technical skill areas currently 
encumbered by contractor or other nondirect-hire personnel.
    (e) Consultations.--The USAID Administrator shall consult 
with the Committees on Appropriations at least on a quarterly 
basis concerning the implementation of this section.
    (f) Program Account Charged.--The account charged for the 
cost of an individual hired and employed under the authority of 
this section shall be the account to which such individual's 
responsibilities primarily relate. Funds made available to 
carry out this section may be transferred to and merged and 
consolidated with funds appropriated for ``Operating Expenses 
of the United States Agency for International Development''.
    (g) Management Reform Pilot.--Of the funds made available 
in subsection (a), USAID may use, in addition to funds 
otherwise available for such purposes, up to $10,000,000 to 
fund overseas support costs of members of the Foreign Service 
with a Foreign Service rank of four or below: Provided, That 
such authority is only used to reduce USAID's reliance on 
overseas personal services contractors or other nondirect-hire 
employees compensated with funds appropriated to carry out part 
I of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ``Assistance for Eastern Europe 
and the Baltic States''.
    (h) Disaster Surge Capacity.--Funds appropriated by this 
Act to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for 
Eastern Europe and the Baltic States'', may be used, in 
addition to funds otherwise available for such purposes, for 
the cost (including the support costs) of individuals detailed 
to or employed by the United States Agency for International 
Development whose primary responsibility is to carry out 
programs in response to natural disasters.

                          HIPC DEBT REDUCTION

    Sec. 578. Section 501(b) of H.R. 3425, as enacted into law 
by section 1000(a)(5) of division B of Public Law 106-113 (113 
Stat. 1501A-311),\105\ is amended by adding at the end the 
following new paragraph:
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    \105\ 22 U.S.C. 2395a note.
---------------------------------------------------------------------------
          ``(5) The Act of March 11, 1941 (chapter 11; 55 Stat. 
        31; 22 U.S.C. 411 et seq.; commonly known as the `Lend-
        Lease Act').''.

                        OPIC TRANSFER AUTHORITY

                     (including transfer of funds)

    Sec. 579. Whenever the President determines that it is in 
furtherance of the purposes of the Foreign Assistance Act of 
1961, up to a total of $20,000,000 of the funds appropriated 
under title II of this Act may be transferred to and merged 
with funds appropriated by this Act for the Overseas Private 
Investment Corporation Program Account, to be subject to the 
terms and conditions of that account: Provided, That such funds 
shall not be available for administrative expenses of the 
Overseas Private Investment Corporation: Provided further, That 
funds earmarked by this Act shall not be transferred pursuant 
to this section: Provided further, That the exercise of such 
authority shall be subject to the regular notification 
procedures of the Committees on Appropriations.

  LIMITATION ON FUNDS RELATING TO ATTENDANCE OF FEDERAL EMPLOYEES AT 
            CONFERENCES OCCURRING OUTSIDE THE UNITED STATES

    Sec. 580. None of the funds made available in this Act may 
be used to send or otherwise pay for the attendance of more 
than 50 employees of agencies or departments of the United 
States Government who are stationed in the United States, at 
any single international conference occurring outside the 
United States, unless the Secretary of State determines that 
such attendance is in the national interest: Provided, That for 
purposes of this section the term ``international conference'' 
shall mean a conference attended by representatives of the 
United States Government and representatives of foreign 
governments, international organizations, or nongovernmental 
organizations.

LIMITATION ON ASSISTANCE TO FOREIGN COUNTRIES THAT REFUSE TO EXTRADITE 
  TO THE UNITED STATES ANY INDIVIDUAL ACCUSED IN THE UNITED STATES OF 
                   KILLING A LAW ENFORCEMENT OFFICER

    Sec. 581. None of the funds made available in this Act for 
the Department of State may be used to provide assistance to 
the central government of a country which has notified the 
Department of State of its refusal to extradite to the United 
States any individual indicted in the United States for killing 
a law enforcement officer, as specified in a United States 
extradition request, unless the Secretary of State certifies to 
the Committees on Appropriations in writing that the 
application of the restriction to a country or countries is 
contrary to the national interest of the United States.

          PROHIBITION AGAINST DIRECT FUNDING FOR SAUDI ARABIA

    Sec. 582.\106\ None of the funds appropriated or otherwise 
made available pursuant to this Act shall be obligated or 
expended to finance any assistance to Saudi Arabia: Provided, 
That the President may waive the prohibition of this section if 
he certifies to the Committees on Appropriations, 15 days prior 
to the obligation of funds for assistance for Saudi Arabia, 
that Saudi Arabia is cooperating with efforts to combat 
international terrorism and that the proposed assistance will 
help facilitate that effort.
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    \106\ First enacted as sec. 575 of the Foreign Assistance 
Appropriations Act, 2005. On September 26, 2005, the President issued a 
memorandum for the Secretary of State to ``waive the application of 
section 575 of the FY 2005 FOAA, as well as any provision of law that 
is the same or substantially the same as such provision, including 
subsequently enacted provisions.'' (Presidential Determination No. 
2005-38; October 17, 2005; 70 F.R. 60397).
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      GOVERNMENTS THAT HAVE FAILED TO PERMIT CERTAIN EXTRADITIONS

    Sec. 583. None of the funds made available in this Act for 
the Department of State, other than funds provided under the 
heading ``International Narcotics Control and Law 
Enforcement'', may be used to provide assistance to the central 
government of a country with which the United States has an 
extradition treaty and which government has notified the 
Department of State of its refusal to extradite to the United 
States any individual indicted for a criminal offense for which 
the maximum penalty is life imprisonment without the 
possibility of parole, unless the Secretary of State certifies 
to the Committees on Appropriations in writing that the 
application of this restriction to a country or countries is 
contrary to the national interest of the United States.

                         REPORTING REQUIREMENT

    Sec. 584. The Secretary of State shall provide the 
Committees on Appropriations, not later than April 1, 2006, and 
for each fiscal quarter, a report in writing on the uses of 
funds made available under the headings ``Foreign Military 
Financing Program'', ``International Military Education and 
Training'', and ``Peacekeeping Operations'': Provided, That 
such report shall include a description of the obligation and 
expenditure of funds, and the specific country in receipt of, 
and the use or purpose of the assistance provided by such 
funds.

                          ENVIRONMENT PROGRAMS

    Sec. 585.\107\ (a) Funding.--Of the funds appropriated 
under the heading ``Development Assistance'', not less than 
$165,500,000 shall be made available for programs and 
activities which directly protect biodiversity, including 
forests, in developing countries, of which not less than 
$10,000,000 should be made available to implement the United 
States Agency for International Development's biodiversity 
conservation strategy for the Amazon basin, which amount shall 
be in addition to the amounts requested for biodiversity 
activities in these countries in fiscal year 2006: Provided, 
That of the funds appropriated by this Act, not less than 
$17,500,000 should be made available for the Congo Basin Forest 
Partnership of which not less than $2,500,000 should be made 
available to the United States Fish and Wildlife Service for 
the protection of great apes in Central Africa: Provided 
further, That of the funds appropriated by this Act, not less 
than $180,000,000 shall be made available to support clean 
energy and other climate change policies and programs in 
developing countries, of which $100,000,000 should be made 
available to directly promote and deploy energy conservation, 
energy efficiency, and renewable and clean energy technologies, 
and of which the balance should be made available to directly: 
(1) measure, monitor, and reduce greenhouse gas emissions; (2) 
increase carbon sequestration activities; and (3) enhance 
climate change mitigation and adaptation programs.
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    \107\ 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. Sec. 554 
of the Foreign Assistance Appropriations Act, 2003, addressed 
protection of biodiversity and tropical forests. Sec. 555 of the 
Foreign Assistance Appropriations Act, 2004, provided the first 
appropriations targeting the Amazon Basin of Brazil (expanded in this 
Act to include other countries in the Amazon Basin region).
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    (b) \108\ Climate Change Report.--Not later than 60 days 
after the date on which the President's fiscal year 2007 budget 
request is submitted to Congress, the President shall submit a 
report to the Committees on Appropriations describing in detail 
the following--
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    \108\ On February 18, 2005, in a memorandum for the Director of the 
Office of Management and Budget, the President delegated functions 
related to climate change reporting activities under sec. 576(b) of the 
Foreign Assistance Appropriations Act, 2005 to that position, and ``Any 
reference in this memorandum to the provision of any Act shall be 
deemed to include references to any hereafter-enacted provision of law 
that is the same or substantially the same as such provision.'' (March 
8, 2005; 70 F.R. 11109).
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          (1) all Federal agency obligations and expenditures, 
        domestic and international, for climate change programs 
        and activities in fiscal year 2006, 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 2005 obligations and estimated 
        expenditures, fiscal year 2006 estimated expenditures 
        and estimated obligations, and fiscal year 2007 
        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.
    (c) Extraction of Natural Resources.--
          (1) The Secretary of the Treasury shall inform the 
        managements of the international financial institutions 
        and the public that it is the policy of the United 
        States that any assistance by such institutions 
        (including but not limited to any loan, credit, grant, 
        or guarantee) for the extraction and export of oil, 
        gas, coal, timber, or other natural resource should not 
        be provided unless the government of the country has in 
        place or is taking the necessary steps to establish 
        functioning systems for: (A) accurately accounting for 
        revenues and expenditures in connection with the 
        extraction and export of the type of natural resource 
        to be extracted or exported; (B) the independent 
        auditing of such accounts and the widespread public 
        dissemination of the audits; and (C) verifying 
        government receipts against company payments including 
        widespread dissemination of such payment information, 
        and disclosing such documents as Host Government 
        Agreements, Concession Agreements, and bidding 
        documents, allowing in any such dissemination or 
        disclosure for the redaction of, or exceptions for, 
        information that is commercially proprietary or that 
        would create competitive disadvantage.
          (2) Not later than 180 days after the enactment of 
        this Act, the Secretary of the Treasury shall submit a 
        report to the Committees on Appropriations describing, 
        for each international financial institution, the 
        amount and type of assistance provided, by country, for 
        the extraction and export of oil, gas, coal, timber, or 
        other national resource since September 30, 2005.

                               UZBEKISTAN

    Sec. 586.\109\ Assistance may be provided to the central 
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'', including respect for human rights, 
establishing a genuine multi-party system, and ensuring free 
and fair elections, freedom of expression, and the independence 
of the media, and that a credible international investigation 
of the May 31, 2005, shootings in Andijan is underway with the 
support of the Government of Uzbekistan: Provided, That for the 
purposes of this section ``assistance'' shall include excess 
defense articles.
---------------------------------------------------------------------------
    \109\ Similar language first enacted as sec. 574(a) of the Foreign 
Assistance Appropriations Act, 2003. In FY 2003 and FY 2004, the 
sections relating to Uzbekistan and Kazakhstan were combined in one 
section under the heading ``Central Asia''. The proviso, referring to 
excess defense articles, is new in FY 2006.
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                              CENTRAL ASIA

    Sec. 587.\110\ (a) 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.
---------------------------------------------------------------------------
    \110\ Similar language first enacted as sec. 574(b) through (e) of 
the Foreign Assistance Appropriations Act, 2003. In FY 2003 and FY 
2004, the sections relating to Uzbekistan and Kazakhstan were combined 
in one section under the heading ``Central Asia''. Subsec. (d), 
relating to requirements to be met prior to providing aid to the 
Government of Kyrgyzstan, is new in FY 2006.
---------------------------------------------------------------------------
    (b) The Secretary of State may waive subsection (a) if he 
determines and reports to the Committees on Appropriations that 
such a waiver is important to the national security of the 
United States.
    (c) Not later than October 1, 2006, the Secretary of State 
shall submit a report to the Committees on Appropriations and 
the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of 
Representatives 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 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.
    (d) Prior to the initial obligation of assistance for the 
Government of Kyrgyzstan, the Secretary of State shall submit a 
report to the Committees on Appropriations describing: (1) 
whether the Government of Kyrgyzstan is forcibly returning 
Uzbeks who have fled violence and political persecution, in 
violation of the 1951 Geneva Convention relating to the status 
of refugees, and the Convention Against Torture and Other Forms 
of Cruel, Inhuman, or Degrading Treatment; (2) efforts made by 
the United States to prevent such returns; and (3) the response 
of the Government of Kyrgyzstan.
    (e) For purposes of this section, the term ``countries of 
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, 
Tajikistan, and Turkmenistan.

                          DISABILITY PROGRAMS

    Sec. 588.\111\ (a) Of the funds appropriated by this Act 
under the heading ``Economic Support Fund'', not less than 
$4,000,000 shall be made available for programs and activities 
administered by the United States Agency for International 
Development (USAID) to address the needs and protect the rights 
of people with disabilities in developing countries.
---------------------------------------------------------------------------
    \111\ Language related to disability programs was first enacted as 
sec. 579 of the Foreign Assistance Appropriations Act, 2005.
---------------------------------------------------------------------------
    (b) Funds appropriated under the heading ``Operating 
Expenses of the United States Agency for International 
Development'' shall be made available to develop and implement 
training for staff in overseas USAID missions to promote the 
full inclusion and equal participation of people with 
disabilities in developing countries.
    (c) The Secretary of State, the Secretary of the Treasury, 
and the Administrator of USAID shall seek to ensure that, where 
appropriate, construction projects funded by this Act are 
accessible to people with disabilities and in compliance with 
the USAID Policy on Standards for Accessibility for the 
Disabled, or other similar accessibility standards.
    (d) Of the funds made available pursuant to subsection (a), 
not more than 7 percent may be for management, oversight and 
technical support.
    (e) Not later than 180 days after the date of enactment of 
this Act, and 180 days thereafter, the Administrator of USAID 
shall submit a report describing the programs, activities, and 
organizations funded pursuant to this section.

    DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN 
                               FEDERATION

    Sec. 589.\112\ None of the funds appropriated for 
assistance under this Act may be made available for the 
Government of the Russian Federation, after 180 days from the 
date of the enactment of this Act, unless the President 
determines and certifies in writing to the Committees on 
Appropriations that the Government of the Russian Federation 
has implemented no statute, Executive order, regulation or 
similar government action that would discriminate, or which has 
as its principal effect discrimination, against religious 
groups or religious communities in the Russian Federation in 
violation of accepted international agreements on human rights 
and religious freedoms to which the Russian Federation is a 
party.
---------------------------------------------------------------------------
    \112\ Similar language was first enacted as sec. 577 of the Foreign 
Assistance Appropriations Act, 1998. Omitted from the FY 2003 Act, 
however.
---------------------------------------------------------------------------

                          WAR CRIMES IN AFRICA

    Sec. 590.\113\ (a) The Congress reaffirms its support for 
the efforts of the International Criminal Tribunal for Rwanda 
(ICTR) and the Special Court for Sierra Leone (SCSL) to bring 
to justice individuals responsible for war crimes and crimes 
against humanity in a timely manner.
---------------------------------------------------------------------------
    \113\ Similar language first enacted as sec. 589 of the Foreign 
Assistance Appropriations Act, 2004. The 2004 Act also earmarked not 
less than $5 million in ESF for a contribution to the Special Court of 
Sierra Leone.
---------------------------------------------------------------------------
    (b) Funds appropriated by this Act, including funds for 
debt restructuring, may be made available for assistance to the 
central government of a country in which individuals indicted 
by ICTR and SCSL are credibly alleged to be living, if the 
Secretary of State determines and reports to the Committees on 
Appropriations that such government is cooperating with ICTR 
and SCSL, including the surrender and transfer of indictees in 
a timely manner: Provided, That this subsection shall not apply 
to assistance provided under section 551 of the Foreign 
Assistance Act of 1961 or to project assistance under title II 
of this Act: Provided further, That the United States shall use 
its voice and vote in the United Nations Security Council to 
fully support efforts by ICTR and SCSL to bring to justice 
individuals indicted by such tribunals in a timely manner.
    (c) The prohibition in subsection (b) may be waived on a 
country by country basis if the President determines that doing 
so is in the national security interest of the United States: 
Provided, That prior to exercising such waiver authority, the 
President shall submit a report to the Committees on 
Appropriations, in classified form if necessary, on: (1) the 
steps being taken to obtain the cooperation of the government 
in surrendering the indictee in question to the court of 
jurisdiction; (2) a strategy, including a timeline, for 
bringing the indictee before such court; and (3) the 
justification for exercising the waiver authority.
    (d) Notwithstanding subsections (b) and (c), assistance may 
be made available for the central Government of Nigeria after 
120 days following enactment of this Act only if the President 
submits a report to the Committees on Appropriations, in 
classified form if necessary, on: (1) the steps taken in fiscal 
years 2003, 2004 and 2005 to obtain the cooperation of the 
Government of Nigeria in surrendering Charles Taylor to the 
SCSL; and (2) a strategy, including a timeline, for bringing 
Charles Taylor before the SCSL.

                            SECURITY IN ASIA

    Sec. 591.\114\ (a) Of the funds appropriated under the 
heading ``Foreign Military Financing Program'', not less than 
the following amounts shall be made available to enhance 
security in Asia, consistent with democratic principles and the 
rule of law--
---------------------------------------------------------------------------
    \114\ Language pertaining to providing IMET and FMF funding to 
Indonesia with conditions was first enacted as sec. 589 of the Foreign 
Assistance Appropriations Act, 2000.
---------------------------------------------------------------------------
          (1) $30,000,000 for assistance for the Philippines;
          (2) $1,000,000 for assistance for Indonesia;
          (3) $1,000,000 for assistance for Bangladesh;
          (4) $3,000,000 for assistance for Mongolia;
          (5) $1,500,000 for assistance for Thailand;
          (6) $1,000,000 for assistance for Sri Lanka;
          (7) $1,000,000 for assistance for Cambodia;
          (8) $500,000 for assistance for Fiji; and
          (9) $250,000 for assistance for Tonga.
    (b) In addition to amounts appropriated elsewhere in this 
Act, $10,000,000 is hereby appropriated for ``Foreign Military 
Financing Program'': Provided, That these funds shall be 
available only to assist the Philippines in addressing the 
critical deficiencies identified in the Joint Defense 
Assessment of 2003.
    (c) Funds made available for assistance for Indonesia 
pursuant to subsection (a) may only be made available for the 
Indonesian Navy, notwithstanding section 599F of this Act: 
Provided, That such funds shall only be made available subject 
to the regular notification procedures of the Committees on 
Appropriations.
    (d) Funds made available for assistance for Cambodia 
pursuant to subsection (a) shall be made available 
notwithstanding section 554 of this Act: Provided, That such 
funds shall only be made available subject to the regular 
notification procedures of the Committees on Appropriations.

                                 NEPAL

    Sec. 592.\115\ (a) Funds appropriated under the heading 
``Foreign Military Financing Program'' may be made available 
for assistance for Nepal only if the Secretary of State 
certifies to the Committees on Appropriations that the 
Government of Nepal, including its security forces, has 
restored civil liberties, is protecting human rights, and has 
demonstrated, through dialogue with Nepal's political parties, 
a commitment to a clear timetable to restore multi-party 
democratic government consistent with the 1990 Nepalese 
Constitution.
---------------------------------------------------------------------------
    \115\ Similar language was first enacted as sec. 590(c) of the 
Foreign Assistance Appropriations Act, 2005.
---------------------------------------------------------------------------
    (b) The Secretary of State may waive the requirements of 
this section if the Secretary certifies to the Committees on 
Appropriations that to do so is in the national security 
interests of the United States.

                           NEGLECTED DISEASES

    Sec. 593. Of the funds appropriated under the heading 
``Child Survival and Health Programs Fund'', not less than 
$15,000,000 shall be made available to support an integrated 
response to the control of neglected diseases including 
intestinal parasites, schistosomiasis, lymphatic filariasis, 
onchocerciasis, trachoma and leprosy: Provided, That the 
Administrator of the United States Agency for International 
Development shall consult with the Committees on 
Appropriations, representatives from the relevant international 
technical and nongovernmental organizations addressing the 
specific diseases, recipient countries, donor countries, the 
private sector, UNICEF and the World Health Organization: (1) 
on the most effective uses of such funds to demonstrate the 
health and economic benefits of such an approach; and (2) to 
develop a multilateral, integrated initiative to control these 
diseases that will enhance coordination and effectiveness and 
maximize the leverage of United States contributions with those 
of other donors: Provided further, That funds made available 
pursuant to this section shall be subject to the regular 
notification procedures of the Committees on Appropriations.

               ORPHANS, DISPLACED AND ABANDONED CHILDREN

    Sec. 594. Of the funds appropriated under title II of this 
Act, not less than $3,000,000 should be made available for 
activities to improve the capacity of foreign government 
agencies and nongovernmental organizations to prevent child 
abandonment, address the needs of orphans, displaced and 
abandoned children and provide permanent homes through family 
reunification, guardianship and domestic adoptions: Provided, 
That funds made available under title II of this Act should be 
made available, as appropriate, consistent with--
          (1) the goal of enabling children to remain in the 
        care of their family of origin, but when not possible, 
        placing children in permanent homes through adoption;
          (2) the principle that such placements should be 
        based on informed consent which has not been induced by 
        payment or compensation;
          (3) the view that long-term foster care or 
        institutionalization are not permanent options and 
        should be used when no other suitable permanent options 
        are available; and
          (4) the recognition that programs that protect and 
        support families can reduce the abandonment and 
        exploitation of children.

                 ADVISOR FOR INDIGENOUS PEOPLES ISSUES

    Sec. 595. (a) After consultation with the Committees on 
Appropriations and not later than 120 days after enactment of 
this Act, the Administrator of the United States Agency for 
International Development shall designate an ``Advisor for 
Indigenous Peoples Issues'' whose responsibilities shall 
include--
          (1) consulting with representatives of indigenous 
        peoples organizations;
          (2) ensuring that the rights and needs of indigenous 
        peoples are being respected and addressed in United 
        States Agency for International Development policies, 
        programs and activities;
          (3) monitoring the design and implementation of 
        United States Agency for International Development 
        policies, programs and activities which affect 
        indigenous peoples; and
          (4) coordinating with other Federal agencies on 
        relevant issues relating to indigenous peoples.

                               STATEMENT

    Sec. 596.\116\ (a) Funds provided in this Act for the 
following accounts shall be made available for programs and 
countries in the amounts contained in the respective tables 
included in the report accompanying this Act:
---------------------------------------------------------------------------
    \116\ The ``report accompanying this Act'' refers to the conference 
report (H. Rept. 109-265, November 2, 2005) accompanying Public Law 
109-102. In the conference report, for allocation of: Child Survival 
and Health Programs Fund, see p. 81; Economic Support Fund, see p. 86; 
Assistance for Eastern Europe and the Baltic States, p. 91; Assistance 
for the Independent States of the Former Soviet Union, p. 92; Global 
HIV/AIDS Initiative, p. 95; Democracy Fund, p. 96; International 
Narcotics Control and Law Enforcement, p. 98; Andean Counterdrug 
Initiative, p. 99; Nonproliferation, Anti-Terrorism, Demining and 
Related Programs, p. 101; Foreign Military Financing Program, p. 102; 
and International Organizations and Programs, p. 105.
---------------------------------------------------------------------------
          ``Child Survival and Health Programs Fund''.
          ``Economic Support Fund''.
          ``Assistance for Eastern Europe and the Baltic 
        States''.
          ``Assistance for the Independent States of the Former 
        Soviet Union''.
          ``Global HIV/AIDS Initiative''.
          ``Democracy Fund''.
          ``International Narcotics Control and Law 
        Enforcement''.
          ``Andean Counterdrug Initiative''.
          ``Nonproliferation, Anti-Terrorism, Demining and 
        Related Programs''.
          ``Foreign Military Financing Program''.
          ``International Organizations and Programs''.
    (b) Any proposed increases or decreases to the amounts 
contained in such tables in the accompanying report shall be 
subject to the regular notification procedures of the 
Committees on Appropriations and section 634A of the Foreign 
Assistance Act of 1961.

        COMBATTING PIRACY OF UNITED STATES COPYRIGHTED MATERIALS

    Sec. 597. (a) Program Authorized.--The Secretary of State 
may carry out a program of activities to combat piracy in 
countries that are not members of the Organization for Economic 
Cooperation and Development (OECD), including activities as 
follows:
          (1) The provision of equipment and training for law 
        enforcement, including in the interpretation of 
        intellectual property laws.
          (2) The provision of training for judges and 
        prosecutors, including in the interpretation of 
        intellectual property laws.
          (3) The provision of assistance in complying with 
        obligations under applicable international treaties and 
        agreements on copyright and intellectual property.
    (b) Consultation With World Intellectual Property 
Organization.--In carrying out the program authorized by 
subsection (a), the Secretary shall, to the maximum extent 
practicable, consult with and provide assistance to the World 
Intellectual Property Organization in order to promote the 
integration of countries described in subsection (a) into the 
global intellectual property system.
    (c) Funding.--Of the amount appropriated or otherwise made 
available under the heading ``International Narcotics Control 
and Law Enforcement'', $5,000,000 may be made available in 
fiscal year 2006 for the program authorized by subsection (a).

                                MALARIA

    Sec. 598. Of the funds appropriated under the heading 
``Child Survival and Health Programs Fund'', not less than 
$100,000,000 should be made available for programs and 
activities to combat malaria: Provided, That such funds should 
be made available in accordance with country strategic plans 
incorporating best public health practices, which should 
include considerable support for the purchase of commodities 
and equipment including: (1) insecticides for indoor residual 
spraying that are proven to reduce the transmission of malaria; 
(2) pharmaceuticals that are proven effective treatments to 
combat malaria; (3) long-lasting insecticide-treated nets used 
to combat malaria; and (4) other activities to strengthen the 
public health capacity of malaria-affected countries: Provided 
further, That no later than 90 days after the date of enactment 
of this Act, and every 90 days thereafter until September 30, 
2006, the Administrator of the United States Agency for 
International Development shall submit to the Committees on 
Appropriations a report describing in detail expenditures to 
combat malaria during fiscal year 2006.

                    OVERSIGHT OF IRAQ RECONSTRUCTION

    Sec. 599. Subsection (o) of section 3001 of the Emergency 
Supplemental Appropriations Act for Defense and for the 
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as 
amended by section 1203(j) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2081),\117\ is amended by striking ``obligated'' 
and inserting ``expended''.
---------------------------------------------------------------------------
    \117\ For amended text, see page 1045.
---------------------------------------------------------------------------

           NONPROLIFERATION AND COUNTERPROLIFERATION EFFORTS

    Sec. 599A. Funds appropriated under title II under the 
heading ``Nonproliferation, Anti-Terrorism, Demining and 
Related Programs'' may be made available to the Under Secretary 
of State for Arms Control and International Security for use in 
certain nonproliferation efforts and counterproliferation 
efforts such as increased voluntary dues to the International 
Atomic Energy Agency and Proliferation Security Initiative 
activities.

      PROMOTION OF POLICY GOALS AT MULTILATERAL DEVELOPMENT BANKS

    Sec. 599B. Title XV of the International Financial 
Institutions Act (22 U.S.C. 262o et seq.) \118\ is amended by 
adding at the end the following:
---------------------------------------------------------------------------
    \118\ For text of the International Financial Institutions Act, as 
amended, see Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------

``SEC. 1505.\119\ PROMOTION OF POLICY GOALS.

    ``(a) The Secretary of the Treasury shall instruct the 
United States Executive Director at each multilateral 
development bank to inform each such bank and the executive 
directors of each such bank of the policy of the United States 
as set out in this section and to actively promote this policy 
and the goals set forth in section 1504 of this Act. It is the 
policy of the United States that each bank should--
---------------------------------------------------------------------------
    \119\ 22 U.S.C. 262o-4.
---------------------------------------------------------------------------
          ``(1) require the bank's employees, officers and 
        consultants to make an annual disclosure of their 
        financial interests and income and of any other 
        potential source of conflict of interest;
          ``(2) link project and program design and results to 
        management and staff performance appraisals, salaries, 
        and bonuses;
          ``(3) implement voluntary disclosure programs for 
        firms and individuals participating in projects 
        financed by such bank;
          ``(4) ensure that all loan, credit, guarantee, and 
        grant documents and other agreements with borrowers 
        include provisions for the financial resources and 
        conditionality necessary to ensure that a person or 
        country that obtains financial support from a bank 
        complies with applicable bank policies and national and 
        international laws in carrying out the terms and 
        conditions of such documents and agreements, including 
        bank policies and national and international laws 
        pertaining to the comprehensive assessment and 
        transparency of the activities related to access to 
        information, public health, safety, and environmental 
        protection;
          ``(5) implement clear anti-corruption procedures 
        setting forth the circumstances under which a person 
        will be barred from receiving a loan, contract, grant, 
        guarantee or credit from such bank, make such 
        procedures available to the public, and make the 
        identity of such person available to the public;
          ``(6) coordinate policies across multilateral 
        development banks on issues including debarment, cross-
        debarment, procurement guidelines, consultant 
        guidelines, and fiduciary standards so that a person 
        that is debarred by one such bank is subject to a 
        rebuttable presumption of ineligibility to conduct 
        business with any other such bank during the specific 
        ineligibility period;
          ``(7) require each bank borrower and grantee and each 
        bidder, supplier and contractor for MDB projects to 
        comply with the highest standard of ethics prohibiting 
        coercive, collusive, corrupt and fraudulent practices, 
        such as are defined in the World Bank's Procurement 
        Guidelines of May, 2004;
          ``(8) maintain a functionally independent 
        Investigations Office, Auditor General Office and 
        Evaluation Office that are free from interference in 
        determining the scope of investigations (including 
        forensic audits), internal auditing (including 
        assessments of management controls for meeting 
        operational objectives and complying with bank 
        policies), performing work and communicating results, 
        and that regularly report to such bank's board of 
        directors and, as appropriate and in a manner 
        consistent with such functional independence of the 
        Investigations Office and the Auditor General Office, 
        to the bank's President;
          ``(9) require that each candidate for adjustment or 
        budget support loans demonstrate transparent budgetary 
        and procurement processes including budget publication 
        and public scrutiny prior to loan or grant approval;
          ``(10) require that for each project where 
        compensation is to be provided to persons adversely 
        affected by the project, such persons have recourse to 
        an impartial and responsive mechanism to receive and 
        resolve complaints. The mechanism should be easily 
        accessible to all segments of the affected community 
        without impeding access to other judicial or 
        administrative remedies and without retribution;
          ``(11) implement best practices in domestic laws and 
        international conventions against corruption for 
        whistleblower and witness disclosures and protections 
        against retaliation for internal and lawful public 
        disclosures by the bank's employees and others affected 
        by such bank's operations who challenge illegality or 
        other misconduct that could threaten the bank's 
        mission, including: (1) best practices for legal 
        burdens of proof; (2) access to independent 
        adjudicative bodies, including external arbitration 
        based on consensus selection and shared costs; and (3) 
        results that eliminate the effects of proven 
        retaliation; and
          ``(12) require, to the maximum extent possible, that 
        all draft country strategies are issued for public 
        consideration no less than 45 days before the country 
        strategy is considered by the multilateral development 
        bank board of directors.
    ``(b) The Secretary of the Treasury shall, beginning thirty 
days after the enactment of this Act and within sixty calendar 
days of the meeting of the respective bank's Board of Directors 
at which such decisions are made, publish on the Department of 
the Treasury website a statement or explanation of the United 
States position on decisions related to: (1) operational 
policies; and (2) any proposal which would result or be likely 
to result in a significant effect on the environment.
    ``(c) In this section the term `multilateral development 
bank' has the meaning given that term in section 1307 of the 
International Financial Institutions Act (22 U.S.C. 262m-7) and 
also includes the European Bank for Reconstruction and 
Development and the Global Environment Facility.''.

                             AUTHORIZATIONS

    Sec. 599C. (a) To authorize the United States participation 
in and appropriations for the United States contribution to the 
fourteenth replenishment of the resources of the International 
Development Association, the International Development 
Association Act, Public Law 86-565, as amended (22 U.S.C. 284 
et seq.),\120\ is further amended by adding at the end thereof 
the following new section:
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    \120\ For text of the International Development Association Act, as 
amended, see Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------

``SEC. 23.\121\ FOURTEENTH REPLENISHMENT.

    ``(a) The United States Governor of the International 
Development Association is authorized to contribute on behalf 
of the United States $2,850,000,000 to the fourteenth 
replenishment of the resources of the Association, subject to 
obtaining the necessary appropriations.
---------------------------------------------------------------------------
    \121\ 22 U.S.C. 284u.
---------------------------------------------------------------------------
    ``(b) In order to pay for the United States contribution 
provided for in subsection (a), there are authorized to be 
appropriated, without fiscal year limitation, $2,850,000,000 
for payment by the Secretary of the Treasury.''.
    (b) To authorize the United States participation in and 
appropriations for the United States contribution to the tenth 
replenishment of the resources of the African Development Fund, 
the African Development Fund Act, Public Law 94-302, as amended 
(22 U.S.C. 290g et seq.),\122\ is further amended by adding at 
the end thereof the following new section:
---------------------------------------------------------------------------
    \122\ For text of the African Development Fund Act, as amended, see 
Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------

``SEC. 218.\123\ TENTH REPLENISHMENT.

    ``(a) The United States Governor of the Fund is authorized 
to contribute on behalf of the United States $407,000,000 to 
the tenth replenishment of the resources of the Fund, subject 
to obtaining the necessary appropriations.
---------------------------------------------------------------------------
    \123\ 22 U.S.C. 290g-17.
---------------------------------------------------------------------------
    ``(b) In order to pay for the United States contribution 
provided for in subsection (a), there are authorized to be 
appropriated, without fiscal year limitation, $407,000,000 for 
payment by the Secretary of the Treasury.''.
    (c) To authorize the United States participation in and 
appropriations for the United States contribution to the eighth 
replenishment of the resources of the Asian Development Fund, 
the Asian Development Fund Act, Public Law 92-245, as amended 
(22 U.S.C. 285 et seq.),\124\ is further amended by adding at 
the end thereof the following new section:
---------------------------------------------------------------------------
    \124\ For text of the Asian Development Fund Act, as amended, see 
Legislation on Foreign Relations Through 2005, vol. III.
---------------------------------------------------------------------------

``SEC. 32.\125\ EIGHTH REPLENISHMENT.

    ``(a) The United States Governor of the Bank is authorized 
to contribute on behalf of the United States $461,000,000 to 
the eighth replenishment of the resources of the Fund, subject 
to obtaining the necessary appropriations.
---------------------------------------------------------------------------
    \125\ 22 U.S.C. 285cc.
---------------------------------------------------------------------------
    ``(b) In order to pay for the United States contribution 
provided for in subsection (a), there are authorized to be 
appropriated, without fiscal year limitation, $461,000,000 for 
payment by the Secretary of the Treasury.''.

                       ANTICORRUPTION PROVISIONS

    Sec. 599D. Twenty percent of the funds appropriated by this 
Act under the heading ``International Development 
Association'', shall be withheld from disbursement until the 
Secretary of the Treasury certifies to the appropriate 
congressional committees that--
          (1) World Bank procurement guidelines are applied to 
        all procurement financed in whole or in part by a loan 
        from the International Bank for Reconstruction and 
        Development (IBRD) or a credit agreement or grant from 
        the International Development Association (IDA);
          (2) the World Bank proposal ``Increasing the Use of 
        Country Systems in Procurement'' dated March 2005 has 
        been withdrawn;
          (3) the World Bank is maintaining a strong central 
        procurement office staffed with senior experts who are 
        designated to address commercial concerns, questions, 
        and complaints regarding procurement procedures and 
        payments under IDA and IBRD projects;
          (4) thresholds for international competitive bidding 
        are established to maximize international competitive 
        bidding in accordance with sound procurement practices, 
        including transparency, competition, and cost-effective 
        results for the Borrowers;
          (5) all tenders under the World Bank's national 
        competitive bidding provisions are subject to the same 
        advertisement requirements as tenders under 
        international competitive bidding; and
          (6) loan agreements are made public between the World 
        Bank and the Borrowers.

   ASSISTANCE FOR DEMOBILIZATION AND DISARMAMENT OF FORMER IRREGULAR 
                         COMBATANTS IN COLOMBIA

    Sec. 599E. (a) Availability of Funds.--Of the funds 
appropriated in this Act, up to $20,000,000 may be made 
available in fiscal year 2006 for assistance for the 
demobilization and disarmament of former members of foreign 
terrorist organizations (FTOs) in Colombia, specifically the 
United Self-Defense Forces of Colombia (AUC), the Revolutionary 
Armed Forces of Colombia (FARC) and the National Liberation 
Army (ELN), if the Secretary of State makes a certification 
described in subsection (b) to the appropriate congressional 
committees prior to the initial obligation of amounts for such 
assistance for the fiscal year involved.
    (b) Certification.--A certification described in this 
subsection is a certification that--
          (1) assistance for the fiscal year will be provided 
        only for individuals who have: (A) verifiably renounced 
        and terminated any affiliation or involvement with FTOs 
        or other illegal armed groups; and (B) are meeting all 
        the requirements of the Colombia Demobilization 
        Program, including having disclosed their involvement 
        in past crimes and their knowledge of the FTO's 
        structure, financing sources, illegal assets, and the 
        location of kidnapping victims and bodies of the 
        disappeared;
          (2) the Government of Colombia is providing full 
        cooperation to the Government of the United States to 
        extradite the leaders and members of the FTOs who have 
        been indicted in the United States for murder, 
        kidnapping, narcotics trafficking, and other violations 
        of United States law;
          (3) the Government of Colombia is implementing a 
        concrete and workable framework for dismantling the 
        organizational structures of foreign terrorist 
        organizations; and
          (4) funds shall not be made available as cash 
        payments to individuals and are available only for 
        activities under the following categories: 
        verification, reintegration (including training and 
        education), vetting, recovery of assets for reparations 
        for victims, and investigations and prosecutions.
    (c) Definitions.--In this section:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                  (A) the Committee on Appropriations and the 
                Committee on International Relations of the 
                House of Representatives; and
                  (B) the Committee on Appropriations and the 
                Committee on Foreign Relations of the Senate.
          (2) Foreign terrorist organization.--The term 
        ``foreign terrorist organization'' means an 
        organization designated as a terrorist organization 
        under section 219 of the Immigration and Nationality 
        Act.

                               INDONESIA

    Sec. 599F.\126\ (a) 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 Secretary of State 
certifies to the appropriate congressional committees that--
---------------------------------------------------------------------------
    \126\ Similar language pertaining to providing IMET and FMF funding 
to Indonesia was first enacted as sec. 589 of the Foreign Assistance 
Appropriations Act, 2000.
---------------------------------------------------------------------------
          (1) the Indonesian Government is prosecuting and 
        punishing, in a manner proportional to the crime, 
        members of the Armed Forces who have been credibly 
        alleged to have committed gross violations of human 
        rights;
          (2) at the direction of the President of Indonesia, 
        the Armed Forces are cooperating with civilian judicial 
        authorities and with international efforts to resolve 
        cases of gross violations of human rights in East Timor 
        and elsewhere; and
          (3) at the direction of the President of Indonesia, 
        the Government of Indonesia is implementing reforms to 
        improve civilian control of the military.
    (b) The Secretary of State may waive subsection (a) if the 
Secretary determines and reports to the Committees on 
Appropriations that to do so is in the national security 
interests of the United States.

                    REPORT ON INDONESIAN COOPERATION

    Sec. 599G. Not later than 90 days after enactment of this 
Act, the Secretary of State shall submit a report to the 
Committees on Appropriations that describes--
          (1) the status of the investigation of the murders of 
        two United States citizens and one Indonesian citizen 
        that occurred on August 31, 2002 in Timika, Indonesia, 
        the status of any individuals indicted within the 
        United States or Indonesia for crimes relating to those 
        murders, and the status of judicial proceedings 
        relating to those murders;
          (2) the efforts by the Government of Indonesia to 
        arrest individuals indicted for crimes relating to 
        those murders and any other actions taken by the 
        Government of Indonesia, including the Indonesian 
        judiciary, police and Armed Forces, to bring the 
        individuals responsible for those murders to justice; 
        and
          (3) the cooperation provided by the Government of 
        Indonesia, including the Indonesian judiciary, police 
        and Armed Forces, to requests related to those murders 
        made by the Secretary of State or the Director of the 
        Federal Bureau of Investigation.
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2006''.
                     b. Continuing Resolution, 2006

   Partial text of Public Law 109-77 [H.J. Res. 68], 119 Stat. 2037, 
 approved September 30, 2005; amended by Public Law 109-105 [H.J. Res. 
72], 119 Stat. 2287, approved November 19, 2005; and by Public Law 109-
     128 [H.J. Res. 75], 119 Stat. 2549, approved December 18, 2005

 JOINT RESOLUTION Making continuing appropriations for the fiscal year 
                     2006, 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 2006, and 
for other purposes, namely:
    Sec. 101. (a) Such amounts as may be necessary under the 
authority and conditions provided in the applicable 
appropriations Act for fiscal year 2005 for continuing projects 
or activities (including the costs of direct loans and loan 
guarantees) that are not otherwise specifically provided for in 
this joint resolution, that were conducted in fiscal year 2005, 
and for which appropriations, funds, or other authority would 
be available in the following appropriations Acts:
          (1) The Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations 
        Act, 2006.
          (2) The Department of Defense Appropriations Act, 
        2006.
          (3) The Energy and Water Development Appropriations 
        Act, 2006.
          (4) The Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 2006 (in the House 
        of Representatives), or the Department of State, 
        Foreign Operations, and Related Programs Appropriations 
        Act, 2006 (in the Senate).
          (5) The Department of Homeland Security 
        Appropriations Act, 2006.
          (6) The Departments of Labor, Health and Human 
        Services, and Education, and Related Agencies 
        Appropriations Act, 2006.
          (7) The Military Quality of Life and Veterans Affairs 
        Appropriations Act, 2006 (in the House of 
        Representatives), or the Military Construction and 
        Veterans Affairs, and Related Agencies Appropriations 
        Act, 2006 (in the Senate).
          (8) The Science, State, Justice, Commerce, and 
        Related Agencies Appropriations Act, 2006 (in the House 
        of Representatives), or the Departments of Commerce and 
        Justice, Science, and Related Agencies Appropriations 
        Act, 2006 (in the Senate).
          (9) The Transportation, Treasury, Housing and Urban 
        Development, the Judiciary, the District of Columbia, 
        and Independent Agencies Appropriations Act, 2006 (in 
        the House of Representatives), or the Transportation, 
        Treasury, the Judiciary, Housing and Urban Development, 
        and Related Agencies Appropriations Act, 2006 (in the 
        Senate) and the District of Columbia Appropriations 
        Act, 2006 (in the Senate).
    (b) Whenever the amount that would be made available or the 
authority that would be granted for a project or activity under 
an Act listed in subsection (a) as passed by the House of 
Representatives as of October 1, 2005, is the same as the 
amount or authority that would be available or granted under 
the same or other pertinent Act as passed by the Senate as of 
October 1, 2005--
          (1) the project or activity shall be continued at a 
        rate for operations not exceeding the current rate or 
        the rate permitted by the actions of the House and the 
        Senate, whichever is lower, and under the authority and 
        conditions provided in applicable appropriations Acts 
        for fiscal year 2005; or
          (2) if no amount or authority is made available or 
        granted for the project or activity by the actions of 
        the House and the Senate, the project or activity shall 
        not be continued.
    (c) Whenever the amount that would be made available or the 
authority that would be granted for a project or activity under 
an Act listed in subsection (a) as passed by the House of 
Representatives as of October 1, 2005, is different from the 
amount or authority that would be available or granted under 
the same or other pertinent Act as passed by the Senate as of 
October 1, 2005--
          (1) the project or activity shall be continued at a 
        rate for operations not exceeding the current rate or 
        the rate permitted by the action of the House or the 
        Senate, whichever is lowest, and under the authority 
        and conditions provided in applicable appropriations 
        Acts for fiscal year 2005; or
          (2) if the project or activity is included in the 
        pertinent Act of only one of the Houses, the project or 
        activity shall be continued under the appropriation, 
        fund, or authority granted by the one House, but at a 
        rate for operations not exceeding the current rate or 
        the rate permitted by the action of the one House, 
        whichever is lower, and under the authority and 
        conditions provided in applicable appropriations Acts 
        for fiscal year 2005.
    (d) Whenever the pertinent Act covering a project or 
activity has been passed by only the House of Representatives 
as of October 1, 2005--
          (1) the project or activity shall be continued under 
        the appropriation, fund, or authority granted by the 
        House, at a rate for operations not exceeding the 
        current rate or the rate permitted by the action of the 
        House, whichever is lower, and under the authority and 
        conditions provided in applicable appropriations Acts 
        for fiscal year 2005; or
          (2) if the project or activity is funded in 
        applicable appropriations Acts for fiscal year 2005 and 
        not included in the pertinent Act of the House as of 
        October 1, 2005, the project or activity shall be 
        continued under the appropriation, fund, or authority 
        granted by applicable appropriations Acts for fiscal 
        year 2005 at a rate for operations not exceeding the 
        current rate and under the authority and conditions 
        provided in applicable appropriations Acts for fiscal 
        year 2005.
    Sec. 102. (a) No appropriation or funds made available or 
authority granted pursuant to section 101 for the Department of 
Defense shall be used for: (1) the new production of items not 
funded for production in fiscal year 2005 or prior years; (2) 
the increase in production rates above those sustained with 
fiscal year 2005 funds; or (3) the initiation, resumption, or 
continuation of any project, activity, operation, or 
organization (defined as any project, subproject, activity, 
budget activity, program element, and subprogram within a 
program element, and for any investment items defined as a P-1 
line item in a budget activity within an appropriation account 
and an R-1 line item that includes a program element and 
subprogram element within an appropriation account) for which 
appropriations, funds, or other authority were not available 
during fiscal year 2005.
    (b) 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.
    (c) Notwithstanding this section, the Secretary of Defense 
may, following notification of the congressional defense 
committees, initiate projects or activities required to be 
undertaken for force protection purposes using funds made 
available from the Iraq Freedom Fund.
    Sec. 103. Appropriations made by section 101 shall be 
available to the extent and in the manner that 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 2005.
    Sec. 105. Appropriations made and authority granted 
pursuant to this joint resolution shall cover all obligations 
or expenditures incurred for any project or activity during the 
period for which funds or authority for such project or 
activity are available under this joint resolution.
    Sec. 106. Unless otherwise provided for in this joint 
resolution or in the applicable appropriations Act, 
appropriations and funds made available and authority granted 
pursuant to this joint resolution shall be available until 
whichever of the following first occurs: (1) the enactment into 
law of an appropriation for any project or activity provided 
for in this joint resolution; (2) the enactment into law of the 
applicable appropriations Act by both Houses without any 
provision for such project or activity; or (3) December 31, 
2005.\1\
---------------------------------------------------------------------------
    \1\ Public Law 109-105 (119 Stat. 2287) struck out ``November 18, 
2005'' and inserted in lieu thereof ``December 17, 2005''. Sec. 1 of 
Public Law 109-128 (119 Stat. 2549) struck out ``December 17, 2005'' 
and inserted in lieu thereof ``December 31, 2005''.
---------------------------------------------------------------------------
    Sec. 107. Expenditures made pursuant to this joint 
resolution shall be charged to the applicable appropriation, 
fund, or authorization whenever a bill in which such applicable 
appropriation, fund, or authorization is contained is enacted 
into law.
    Sec. 108. 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 in this joint resolution 
may be construed to waive any other provision of law governing 
the apportionment of funds.
    Sec. 109. Notwithstanding any other provision of this joint 
resolution, except section 106, for those programs that had 
high initial rates of operation or complete distribution of 
fiscal year 2005 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 2006 shall not be made and no grants shall be 
awarded for such programs funded by this joint resolution that 
would impinge on final funding prerogatives.
    Sec. 110. This joint resolution shall be implemented so 
that only the most limited funding action of that permitted in 
the joint resolution shall be taken in order to provide for 
continuation of projects and activities.
    Sec. 111. No provision that is included in an 
appropriations Act listed in section 101(a), but that was not 
included in the applicable appropriations Act for fiscal year 
2005 and by its terms is applicable to more than one 
appropriation, fund, or authority, shall be applicable to any 
appropriation, fund, or authority provided in this joint 
resolution.
    Sec. 112. No provision that is included in an 
appropriations Act listed in section 101(a), and that makes the 
availability of any appropriation provided therein dependent 
upon the enactment of additional authorizing or other 
legislation, shall be effective before the date set forth in 
section 106(3).
    Sec. 113. Funds appropriated by this joint resolution may 
be obligated and expended notwithstanding section 10 of Public 
Law 91-672 (22 U.S.C. 2412), section 15 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of 
the Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National 
Security Act of 1947 (50 U.S.C. 414(a)(1)).
    Sec. 114. (a) For entitlements and other mandatory payments 
whose budget authority was provided in appropriations Acts for 
fiscal year 2005, and for activities under the Food Stamp Act 
of 1977, activities shall be continued at the rate to maintain 
program levels under current law, under the authority and 
conditions provided in the applicable appropriations Act for 
fiscal year 2005, to be continued through the date specified in 
section 106(3) of this joint resolution.
    (b) Notwithstanding section 106 of this joint resolution, 
funds shall be available and obligations for mandatory payments 
due on or about November 1, 2005, December 1, 2005, and January 
1, 2006,\2\ may continue to be made.
---------------------------------------------------------------------------
    \2\ Sec. 2 of Public Law 109-128 (119 Stat. 2549) struck out ``and 
December 1, 2005'' and inserted in lieu thereof ``December 1, 2005,and 
January 1, 2006''.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 116. The authorities provided by section 1306 of 
Public Law 107-314 \3\ shall continue in effect through the 
date specified in section 106(3) of this joint resolution or 
the date of the enactment into law of a defense authorization 
Act for fiscal year 2006, whichever is earlier.
---------------------------------------------------------------------------
    \3\ Relating to a limited waiver of restrictions on use of funds 
for threat reduction in states of the former Soviet Union; 22 U.S.C. 
5952 note. For text, see Legislation on Foreign Relations Through 2005, 
vol. II.
---------------------------------------------------------------------------
    Sec. 117. Section 6 of Public Law 107-57,\4\ as amended, 
shall be applied by substituting the date specified in section 
106 of this joint resolution for ``October 1, 2005'', and 
sections 508 and 512 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2005 
(Public Law 108-447, division D), as made applicable to fiscal 
year 2006 by the provisions of this joint resolution, shall not 
apply with respect to Pakistan through the date specified in 
section 106(3) of this joint resolution.
---------------------------------------------------------------------------
    \4\ Authorizing the President to waive foreign assistance 
restrictions with respect to Pakistan; for text see Legislation on 
Foreign Relations Through 2005, vol. I-B.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 131. Amounts made available by this joint resolution 
for the Department of Defense that are related to amounts 
provided in title IX of the Department of Defense 
Appropriations Act, 2006, as passed by the House, or related to 
amounts designated as emergency requirements in previous 
defense appropriations Acts or supplemental appropriations 
Acts, are designated as appropriations for contingency 
operations related to the global war on terrorism pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006, except that 
amounts so designated under this section shall not exceed 
$50,000,000,000.
 c. Emergency Supplemental Appropriations Act To Address Hurricanes in 
            the Gulf of Mexico and Pandemic Influenza, 2006

 Partial text of Public Law 109-148 [Department of Defense, Emergency 
   Supplemental Appropriations to Address Hurricanes in the Gulf of 
 Mexico, and Pandemic Influenza Act, 2006; H.R. 2863], 119 Stat. 2680, 
                       approved December 30, 2005

  AN ACT Making appropriations for the Department of Defense for the 
     fiscal year ending September 30, 2006, 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

EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS HURRICANES IN THE GULF 
                 OF MEXICO AND PANDEMIC INFLUENZA, 2006

    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, to address 
hurricanes in the Gulf of Mexico and pandemic influenza for the 
fiscal year ending September 30, 2006, and for other purposes, 
namely:
          * * * * * * *

                                TITLE II

  EMERGENCY SUPPLEMENTAL APPROPRIATIONS TO ADDRESS PANDEMIC INFLUENZA

          * * * * * * *

                               CHAPTER 3

                     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 activities related to surveillance, 
planning, preparedness, and response to the avian influenza 
virus, $75,200,000, to remain available until expended: 
Provided, That funds appropriated by this paragraph may be 
obligated and expended notwithstanding section 10 of Public Law 
91-672: Provided further, That the amount provided under this 
heading is designated as an emergency requirement pursuant to 
section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.

              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

    For an additional amount for ``International Disaster and 
Famine Assistance'' for the pre-positioning and deployment of 
essential supplies and equipment for preparedness and response 
to the avian influenza virus, $56,330,000, to remain available 
until expended: Provided, That funds appropriated by this 
paragraph may be obligated and expended notwithstanding section 
10 of Public Law 91-672: Provided further, That the amount 
provided under this heading is designated as an emergency 
requirement pursuant to section 402 of H. Con. Res. 95 (109th 
Congress), the concurrent resolution on the budget for fiscal 
year 2006.

                    General Provision--This Chapter

    Sec. 2301. Within 30 days from the date of enactment of 
this Act and every six months thereafter, the Administrator of 
the United States Agency for International Development shall 
submit to the Committees on Appropriations a report which 
identifies, for all projects funded from amounts appropriated 
by this Act that are administered by that agency, the 
following: the program objectives for each such project, the 
approximate timeline for achieving each of those objectives, 
the amounts obligated and expended for each project, and the 
current status of program performance with reference to 
identified program objectives and the timeline for achieving 
those objectives.
          * * * * * * *

                               CHAPTER 8

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

                     (including transfer of funds)

    For an additional amount for ``Diplomatic and Consular 
Programs'' to support avian influenza country coordination, 
development of an avian influenza response plan, diplomatic 
outreach, and health support of United States Government 
employees, Peace Corps volunteers, and eligible family members 
stationed abroad, $16,000,000, to remain available until 
expended, of which $1,100,000 shall be transferred to and 
merged with appropriations for the Peace Corps: Provided, That 
funds appropriated by this paragraph may be obligated and 
expended notwithstanding section 15 of the State Department 
Basic Authorities Act of 1956: Provided further, That the 
amounts provided under this heading are designated as an 
emergency requirement pursuant to section 402 of H. Con. Res. 
95 (109th Congress), the concurrent resolution on the budget 
for fiscal year 2006.

           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

    For an additional amount for ``Emergencies in the 
Diplomatic and Consular Service'' for emergency evacuation 
support of United States Government personnel, Peace Corps 
volunteers, and dependents in regions affected by the avian 
influenza, $15,000,000, to remain available until expended: 
Provided, That funds appropriated by this paragraph may be 
obligated and expended notwithstanding section 15 of the State 
Department Basic Authorities Act of 1956: Provided further, 
That notwithstanding section 402 of Public Law 109-108, upon a 
determination by the Secretary of State that circumstances 
related to the avian influenza require additional funding for 
activities under this heading, the Secretary of State may 
transfer such amounts to ``Emergencies in the Diplomatic and 
Consular Service'' from available appropriations for the 
current fiscal year for the Department of State as may be 
necessary to respond to such circumstances: Provided further, 
That any transfer pursuant to the previous proviso shall be 
treated as a reprogramming of funds under section 605 of Public 
Law 109-108 and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth 
in that section, except that the Committees on Appropriations 
shall be notified not less than 5 days in advance of any such 
reprogramming: Provided further, That the amount provided under 
this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2006.

                               TITLE III

                        RESCISSIONS AND OFFSETS

          * * * * * * *

                               CHAPTER 3

                EXPORT-IMPORT BANK OF THE UNITED STATES

                         Subsidy Appropriation

                              (rescission)

    Of the unobligated balances available under this heading in 
Public Law 109-102 and Public Law 108-447, $25,000,000 are 
rescinded.
          * * * * * * *

                               CHAPTER 6

          * * * * * * *

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    DIPLOMATIC AND CONSULAR PROGRAMS

                              (rescission)

    Of the unobligated balances available under this heading, 
$10,000,000 are rescinded.

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

                              (RESCISSION)

    Of the unobligated balances available under this heading, 
$20,000,000 are rescinded.
          * * * * * * *

                               CHAPTER 8

                      GOVERNMENT-WIDE RESCISSIONS

    Sec. 3801. (a) Across-the-Board Rescissions.--There is 
hereby rescinded an amount equal to 1 percent of--
          (1) the budget authority provided (or obligation 
        limit imposed) for fiscal year 2006 for any 
        discretionary account of this Act and in any other 
        fiscal year 2006 appropriation Act;
          (2) the budget authority provided in any advance 
        appropriation for fiscal year 2006 for any 
        discretionary account in any prior fiscal year 
        appropriation Act; and
          (3) the contract authority provided in fiscal year 
        2006 for any program subject to limitation contained in 
        any fiscal year 2006 appropriation Act.
    (b) Proportionate Application.--Any rescission made by 
subsection (a) shall be applied proportionately--
          (1) to each discretionary account and each item of 
        budget authority described in such subsection; and
          (2) within each such account and item, to each 
        program, project, and activity (with programs, 
        projects, and activities as delineated in the 
        appropriation Act or accompanying reports for the 
        relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation 
        Acts, as delineated in the most recently submitted 
        President's budget).
    (c) Exceptions.--This section shall not apply--
          (1) to discretionary budget authority that has been 
        designated pursuant to section 402 of H. Con. Res. 95 
        (109th Congress), the concurrent resolution on the 
        budget for fiscal year 2006; or
          (2) to discretionary authority appropriated or 
        otherwise made available to the Department of Veterans 
        Affairs.
    (d) OMB Report.--Within 30 days after the date of the 
enactment of this section 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 
report specifying the account and amount of each rescission 
made pursuant to this section.
          * * * * * * *

                                TITLE V

              GENERAL PROVISIONS AND TECHNICAL CORRECTIONS

    Sec. 5001. 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. 5002. Except as expressly provided otherwise, any 
reference to ``this Act'' contained in either division A or 
division B shall be treated as referring only to the provisions 
of that division.
    Sec. 5003. Effective upon the enactment of this Act, none 
of the funds appropriated or otherwise made available by the 
2001 Emergency Supplemental Appropriations Act for Recovery 
from and Response to Terrorist Attacks on the United States 
(Public Law 107-38) shall be transferred to or from the 
Emergency Response Fund.
          * * * * * * *
    Sec. 5025. Effective upon the enactment of this Act, none 
of the funds appropriated or otherwise made available by the 
2001 Emergency Supplemental Appropriations Act for Recovery 
from and Response to Terrorist Attacks on the United States 
(Public Law 107-38) shall be transferred to or from the 
Emergency Response Fund.
    This division may be cited as the ``Emergency Supplemental 
Appropriations Act to Address Hurricanes in the Gulf of Mexico 
and Pandemic Influenza, 2006''.
          * * * * * * *
    This Act may be cited as the ``Department of Defense, 
Emergency Supplemental Appropriations to Address Hurricanes in 
the Gulf of Mexico, and Pandemic Influenza Act, 2006''.
 d. Emergency Supplemental Appropriations Act for Defense, the Global 
                War on Terror, and Tsunami Relief, 2005

Partial text of Public Law 109-13 [H.R. 1268], 119 Stat. 231, approved 
     May 11, 2005; amended by Public Law 109-163 [National Defense 
  Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136, 
                        approved January 6, 2006

 AN ACT Making Emergency Supplemental Appropriations for Defense, the 
 Global War on Terror, and Tsunami Relief, for the fiscal year ending 
              September 30, 2005, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and 
Tsunami Relief, 2005''.

SEC. 2. TABLE OF CONTENTS.

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

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to 
``this Act'' contained in any division of this Act shall be 
treated as referring only to the provisions of that division.

DIVISION A--EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT FOR DEFENSE, THE 
             GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF, 2005

    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2005, and for other purposes, namely:
          * * * * * * *

TITLE II--INTERNATIONAL PROGRAMS AND ASSISTANCE FOR RECONSTRUCTION AND 
                           THE WAR ON TERROR

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

    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, for commodities 
supplied in connection with dispositions abroad under title II 
of said Act, $240,000,000 to remain available until expended: 
Provided, That from this amount, to the maximum extent 
possible, funding shall be restored to the previously approved 
fiscal year 2005 programs under section 204(a)(2) of the 
Agricultural Trade Development and Assistance Act of 1954: 
Provided further, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).

                               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'', $734,000,000, to remain available until September 
30, 2006, of which $10,000,000 is provided for security 
requirements in the detection of explosives: Provided, That of 
the funds appropriated under this heading, not less than 
$250,000 shall be made available for programs to assist Iraqi 
and Afghan scholars who are in physical danger to travel to the 
United States to engage in research or other scholarly 
activities at American institutions of higher education: 
Provided further, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

    For an additional amount for ``Embassy Security, 
Construction, and Maintenance'', $592,000,000, to remain 
available until expended: Provided, That the amount provided 
under this heading is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany 
S. Con. Res. 95 (108th Congress).

                      INTERNATIONAL ORGANIZATIONS

        Contributions for International Peacekeeping Activities

                     (including transfer of funds)

    For an additional amount for ``Contributions for 
International Peacekeeping Activities'', $680,000,000, to 
remain available until September 30, 2006: Provided, That of 
the funds appropriated under this heading, up to $50,000,000 
may be transferred to ``Peacekeeping Operations'' for support 
of the efforts of the African Union to halt genocide and other 
atrocities in Darfur, Sudan: Provided further, That the amount 
provided under this heading is designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).

                             RELATED AGENCY

                    BROADCASTING BOARD OF GOVERNORS

                 International Broadcasting Operations

    For an additional amount for ``International Broadcasting 
Operations'' for activities related to broadcasting to the 
broader Middle East, $4,800,000, to remain available until 
September 30, 2006: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).

                   Broadcasting Capital Improvements

    For an additional amount for ``Broadcasting Capital 
Improvements'', $2,500,000, to remain available until September 
30, 2006: Provided, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

              International Disaster and Famine Assistance

    For an additional amount for ``International Disaster and 
Famine Assistance'', $90,000,000, to remain available until 
expended, for emergency expenses related to the humanitarian 
crisis in the Darfur region of Sudan and other African 
countries: Provided, That these funds may be used to reimburse 
fully accounts administered by the United States Agency for 
International Development 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 the 
amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th 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'', 
$24,400,000, to remain available until September 30, 2006: 
Provided, That the amount provided under this heading is 
designated as an emergency requirement pursuant to section 402 
of the conference report to accompany S. Con. Res. 95 (108th 
Congress).

   Operating Expenses of the United States Agency for International 
                Development Office of Inspector General

    For an additional amount for ``Operating Expenses of the 
United States Agency for International Development Office of 
Inspector General'', $2,500,000, to remain available until 
September 30, 2006: Provided, That the amount provided under 
this heading is designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).

                  OTHER BILATERAL ECONOMIC ASSISTANCE

                         Economic Support Fund

                     (including transfer of funds)

    For an additional amount for ``Economic Support Fund'', 
$1,433,600,000, to remain available until September 30, 2006: 
Provided, That of the funds appropriated under this heading, 
$200,000,000 should be made available for programs, activities, 
and efforts to support Palestinians, of which $50,000,000 
should be made available for assistance for Israel to help ease 
the movement of Palestinian people and goods in and out of 
Israel: Provided further, That of the funds appropriated under 
this heading, $5,000,000 should be made available for 
assistance for displaced persons in Afghanistan: Provided 
further, That of the funds appropriated under this heading, 
$2,500,000 should be made available for assistance for families 
and communities of Afghan civilians who have suffered losses as 
a result of the military operations: Provided further, That of 
the funds appropriated under this heading, $20,000,000 should 
be made available for assistance for Haiti, of which $2,500,000 
should be made available for criminal case management, case 
tracking, and the reduction of pre-trial detention in Haiti, 
notwithstanding any other provision of law: Provided further, 
That of the funds appropriated under this heading, $5,000,000 
should be made available for programs and activities to promote 
democracy, including political party development, in Lebanon: 
Provided further, That of the funds appropriated under this 
heading, up to $10,000,000 may be transferred to the Overseas 
Private Investment Corporation for the cost of direct and 
guaranteed loans as authorized by section 234 of the Foreign 
Assistance Act of 1961: Provided further, That such costs, 
shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That the amount provided under 
this heading is designated as an emergency requirement pursuant 
to section 402 of the conference report to accompany S. Con. 
Res. 95 (108th Congress).

    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'', $70,000,000, 
to remain available until September 30, 2006: Provided, That 
the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

    For an additional amount for ``International Narcotics 
Control and Law Enforcement'', $620,000,000, to remain 
available until September 30, 2007: Provided, That the amount 
provided under this heading is designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).

                    Migration and Refugee Assistance

    For an additional amount for ``Migration and Refugee 
Assistance'', $120,400,000, to remain available until September 
30, 2006: Provided, That of the funds appropriated under this 
heading, not less than $67,000,000 shall be made available for 
assistance for refugees in Africa and to fulfill refugee 
protection goals set by the President for fiscal year 2005: 
Provided further, That the amount provided under this heading 
is designated as an emergency requirement pursuant to section 
402 of the conference report to accompany S. Con. Res. 95 
(108th Congress).

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

    For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $24,600,000, to 
remain available until September 30, 2006, of which not to 
exceed $7,500,000, 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, That the amount 
provided under this heading is designated as an emergency 
requirement pursuant to section 402 of the conference report to 
accompany S. Con. Res. 95 (108th Congress).

                          MILITARY ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   Foreign Military Financing Program

    For an additional amount for ``Foreign Military Financing 
Program'', $250,000,000: Provided, That the amount provided 
under this heading is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany 
S. Con. Res. 95 (108th Congress).

                        Peacekeeping Operations

    For an additional amount for ``Peacekeeping Operations'', 
$240,000,000, to remain available until September 30, 2006, of 
which up to $200,000,000 is for military and other security 
assistance to coalition partners in Iraq and Afghanistan: 
Provided, That up to $30,000,000 may be used only pursuant to a 
determination by the President, and after consultation with the 
Committees on Appropriations, that such use will support the 
global war on terrorism: Provided further, That these funds may 
be transferred by the Secretary of State to other Federal 
agencies or accounts to support the global war on terrorism: 
Provided further, That funds appropriated under this heading 
shall be subject to the regular notification procedures of the 
Committees on Appropriations, except that such notifications 
shall be submitted no less than five days prior to the 
obligation of funds: Provided further, That the amount provided 
under this heading is designated as an emergency requirement 
pursuant to section 402 of the conference report to accompany 
S. Con. Res. 95 (108th Congress).

                    GENERAL PROVISIONS, THIS CHAPTER

                         VOLUNTARY CONTRIBUTION

    Sec. 2101. Section 307(a) of the Foreign Assistance Act of 
1961, as amended (22 U.S.C. 2227), is further amended by 
striking ``Iraq,''.

                         (rescission of funds)

    Sec. 2102. The unexpended balance appropriated by Public 
Law 108-11 under the heading ``Economic Support Fund'' and made 
available for Turkey is rescinded.

                           AUDIT REQUIREMENT

    Sec. 2103. Section 559 of division D of Public Law 108-447 
is amended by adding at the end the following:
    ``(e) Subsequent to the certification specified in 
subsection (a), the Comptroller General of the United States 
shall conduct an audit and an investigation of the treatment, 
handling, and uses of all funds for the bilateral West Bank and 
Gaza Program in fiscal year 2005 under the heading `Economic 
Support Fund'. The audit shall address--
          ``(1) the extent to which such Program complies with 
        the requirements of subsections (b) and (c), and
          ``(2) an examination of all programs, projects, and 
        activities carried out under such Program, including 
        both obligations and expenditures.''.

                         REPORTING REQUIREMENT

    Sec. 2104. The Secretary of State shall submit to the 
Committees on Appropriations not later than 30 days after 
enactment, and prior to the initial obligation of funds 
appropriated under this chapter, a report on the proposed uses 
of all funds on a project-by-project basis, for which the 
obligation of funds is anticipated: Provided, That up to 15 
percent of funds appropriated under this chapter may be 
obligated before the submission of the report subject to the 
normal notification procedures of the Committees on 
Appropriations: Provided further, That the report shall be 
updated and submitted to the Committees on Appropriations every 
six months and shall include information detailing how the 
estimates and assumptions contained in previous reports have 
changed: Provided further, That any new projects and increases 
in funding of ongoing projects shall be subject to the prior 
approval of the Committees on Appropriations: Provided further, 
That the Secretary of State shall submit to the Committees on 
Appropriations, not later than 210 days following enactment of 
this Act and annually thereafter, a report detailing on a 
project-by-project basis the expenditure of funds appropriated 
under this chapter until all funds have been fully expended.

                           AUDIT REQUIREMENT

    Sec. 2105. The Comptroller General of the United States 
shall conduct an audit of the use of all funds for the 
bilateral Afghanistan counternarcotics and alternative 
livelihood programs in fiscal year 2005 under the heading 
``Economic Support Fund'' and ``International Narcotics Control 
and Law Enforcement'': Provided, That the audit shall include 
an examination of all programs, projects and activities carried 
out under such programs, including both obligations and 
expenditures.

                         REPORTING REQUIREMENT

    Sec. 2106. Not later than 60 days after the date of 
enactment of this Act, the President shall submit a report to 
the Congress detailing: (1) information regarding the 
Palestinian security services, including their numbers, 
accountability, and chains of command, and steps taken to purge 
from their ranks individuals with ties to terrorist entities; 
(2) specific steps taken by the Palestinian Authority to 
dismantle the terrorist infrastructure, confiscate unauthorized 
weapons, arrest and bring terrorists to justice, destroy 
unauthorized arms factories, thwart and preempt terrorist 
attacks, and cooperate with Israel's security services; (3) 
specific actions taken by the Palestinian Authority to stop 
incitement in Palestinian Authority-controlled electronic and 
print media and in schools, mosques, and other institutions it 
controls, and to promote peace and coexistence with Israel; (4) 
specific steps the Palestinian Authority has taken to further 
democracy, the rule of law, and an independent judiciary, and 
transparent and accountable governance; (5) the Palestinian 
Authority's cooperation with United States officials in 
investigations into the late Palestinian leader Yasser Arafat's 
finances; and (6) the amount of assistance pledged and actually 
provided to the Palestinian Authority by other donors: 
Provided, That not later than 180 days after enactment of this 
Act, the President shall submit to the Congress an update of 
this report: Provided further, That up to $5,000,000 of the 
funds made available for assistance for the West Bank and Gaza 
by this chapter under ``Economic Support Fund'' shall be used 
for an outside, independent evaluation by an internationally 
recognized accounting firm of the transparency and 
accountability of Palestinian Authority accounting procedures 
and an audit of expenditures by the Palestinian Authority.

                        REPROGRAMMING AUTHORITY

    Sec. 2107. The amounts set forth in the eighth proviso in 
the Diplomatic and Consular Programs appropriation in the 
fiscal year 2005 Departments of Commerce, Justice, State, the 
Judiciary, and Related Agencies Appropriations Act (Public Law 
108-447, division B) may be subject to reprogramming pursuant 
to section 605 of that Act.

                  MARLA RUZICKA IRAQI WAR VICTIMS FUND

    Sec. 2108. Of the funds appropriated by chapter 2 of title 
II of Public Law 108-106 under the heading ``Iraq Relief and 
Reconstruction Fund'', not less than $20,000,000 should be made 
available for assistance for families and communities of Iraqi 
civilians who have suffered losses as a result of the military 
operations: Provided, That such assistance shall be designated 
as the ``Marla Ruzicka Iraqi War Victims Fund''.

                          CANDIDATE COUNTRIES

    Sec. 2109. Section 616(b)(1) of the Millennium Challenge 
Act of 2003 (Public Law 108-199) is amended--
          (1) by striking ``subparagraphs (A) and (B) of 
        section 606(a)(1)''; and
          (2) inserting in lieu thereof ``subsection (a) or (b) 
        of section 606''.

                HUMANITARIAN ASSISTANCE CODE OF CONDUCT

    Sec. 2110.\1\ (a) None of the funds made available for 
foreign operations, export financing, and related programs 
under the headings ``Migration and Refugee Assistance'', 
``United States Emergency Refugee and Migration Assistance 
Fund'', ``International Disaster and Famine Assistance'', or 
``Transition Initiatives'' may be obligated to an organization 
that fails to adopt a code of conduct that provides for the 
protection of beneficiaries of assistance under any such 
heading from sexual exploitation and abuse in humanitarian 
relief operations.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2370b.
---------------------------------------------------------------------------
    (b) The code of conduct referred to in subsection (a) 
shall, to the maximum extent practicable, be consistent with 
the six core principles of the United Nations Inter-Agency 
Standing Committee Task Force on Protection From Sexual 
Exploitation and Abuse in Humanitarian Crises.
    (c) Not later than 180 days after the date of the enactment 
of this Act, and not later than one year after the date of the 
enactment of this Act, the President shall transmit to the 
appropriate congressional committees a report on the 
implementation of this section.
    (d) This section shall take effect 60 days after the date 
of the enactment of this Act and shall apply to funds obligated 
after such date for fiscal year 2005 and any subsequent fiscal 
year.

                      JOINT EXPLANATORY STATEMENT

    Sec. 2111. (a) Funds provided in this Act for the following 
accounts shall be made available for programs and countries in 
the amounts contained in the joint explanatory statement of 
managers accompanying this Act:
          ``Economic Support Fund''; and
          ``Assistance for the Independent States of the Former 
        Soviet Union''.
    (b) Any proposed increases or decreases to the amounts 
contained in such tables in the joint explanatory statement of 
managers shall be subject to the regular notification 
procedures of the Committees on Appropriations and section 634A 
of the Foreign Assistance Act of 1961.

        TITLE III--DOMESTIC APPROPRIATIONS FOR THE WAR ON TERROR

          * * * * * * *

                 TITLE IV--INDIAN OCEAN TSUNAMI RELIEF

                               CHAPTER 1

                  FUNDS APPROPRIATED TO THE PRESIDENT

                       OTHER BILATERAL ASSISTANCE

                Tsunami Recovery and Reconstruction Fund

                     (including transfers of funds)

    For necessary expenses to carry out the Foreign Assistance 
Act of 1961, for emergency relief, rehabilitation, and 
reconstruction aid to countries affected by the tsunami and 
earthquakes of December 2004 and March 2005, and the Avian 
influenza virus, $656,000,000, to remain available until 
September 30, 2006: Provided, That these funds may be 
transferred by the Secretary of State to Federal agencies or 
accounts for any activity authorized under part I (including 
chapter 4 of part II) of the Foreign Assistance Act, or under 
the Agricultural Trade Development and Assistance Act of 1954, 
to accomplish the purposes provided herein: Provided further, 
That upon a determination that all or part of the funds so 
transferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred back 
to this appropriation: Provided further, That funds 
appropriated under this heading may be used to reimburse fully 
accounts administered by the United States Agency for 
International Development for obligations incurred for the 
purposes provided under this heading prior to enactment of this 
Act, including Public Law 480 Title II grants: Provided 
further, That of the amounts provided herein: up to $10,000,000 
may be transferred to and consolidated with ``Development 
Credit Authority'' for the cost of direct loans and loan 
guarantees as authorized by sections 256 and 635 of the Foreign 
Assistance Act of 1961 in furtherance of the purposes of this 
heading; up to $17,500,000 may be transferred to and 
consolidated with ``Operating Expenses of the United States 
Agency for International Development'', of which up to 
$2,000,000 may be used for administrative expenses to carry out 
credit programs administered by the United States Agency for 
International Development in furtherance of the purposes of 
this heading; up to $1,000,000 may be transferred to and 
consolidated with ``Operating Expenses of the United States 
Agency for International Development Office of Inspector 
General''; and up to $5,000,000 may be transferred to and 
consolidated with ``Emergencies in the Diplomatic and Consular 
Service'' for the purpose of providing support services for 
United States citizen victims and related operations: Provided 
further, That of the funds appropriated under this heading, 
$5,000,000 should be made available for environmental recovery 
activities in tsunami affected countries: Provided further, 
That of the funds appropriated under this heading, $10,000,000 
should be made available for programs and activities which 
create new economic opportunities for women: Provided further, 
That of the funds appropriated under this heading, $1,500,000 
should be made available for programs to address the needs of 
people with physical and mental disabilities resulting from the 
tsunami: Provided further, That of the funds appropriated under 
this heading, not less than $12,500,000 should be made 
available to support initiatives that focus on the immediate 
and long-term needs of children for protection and permanency, 
including the registration of unaccompanied children, the 
reunification of children with their immediate or extended 
families, the protection of women and children from violence 
and exploitation, and activities designed to prevent the 
capture of children by armed forces and promote the integration 
of war affected youth: Provided further, That of the funds 
appropriated under this heading, $20,000,000 should be made 
available for microenterprise development programs in countries 
affected by the tsunami, of which $5,000,000 should be made 
available for microcredit programs, to be administered by the 
United States Agency for International Development: Provided 
further, That of the funds appropriated under this heading, 
$1,500,000 should be made available for trafficking in persons 
monitoring and prevention programs and activities in tsunami 
affected countries: Provided further, That the President is 
hereby authorized to defer and reschedule for such period as he 
may deem appropriate any amounts owed to the United States or 
any agency of the United States by those countries 
significantly affected by the tsunami and earthquakes of 
December 2004 and March 2005, including the Republic of 
Indonesia, the Republic of Maldives and the Democratic 
Socialist Republic of Sri Lanka: Provided further, That funds 
appropriated under this heading may be made available for the 
modification costs, as defined in section 502 of the 
Congressional Budget Act of 1974, if any, associated with any 
deferral and rescheduling authorized under this heading: 
Provided further, That such amounts shall not be considered 
``assistance'' for the purposes of provisions of law limiting 
assistance to any such affected country: Provided further, That 
any agreement to defer and reschedule such debt will include a 
commitment by the recipient government that resources freed by 
the debt deferral will benefit directly the people affected by 
the tsunami: Provided further, That the Secretary of State 
shall arrange for an outside, independent evaluation of each 
government's compliance with the commitment: Provided further, 
That the amount provided under this heading is designated as an 
emergency requirement pursuant to section 402 of the conference 
report to accompany S. Con. Res. 95 (108th Congress).

                    GENERAL PROVISIONS, THIS CHAPTER

                           ANNUAL LIMITATION

    Sec. 4101. Amounts made available pursuant to section 
492(b) of the Foreign Assistance Act of 1961, as amended (22 
U.S.C. 2292a), to address relief and rehabilitation needs for 
countries affected by the Indian Ocean tsunami and earthquakes 
of December 2004 and March 2005, prior to the enactment of this 
Act, shall be in addition to the amount that may be obligated 
in fiscal year 2005 under that section.

                         REPORTING REQUIREMENT

    Sec. 4102. The Secretary of State shall submit to the 
Committees on Appropriations not later than 30 days after 
enactment, and prior to the initial obligation of funds 
appropriated under this chapter not used to reimburse accounts 
for obligations made prior to enactment, a report on the 
proposed uses of all funds on a project-by-project basis, for 
which such initial obligation of funds is anticipated: 
Provided, That up to 15 percent of funds appropriated under 
this chapter may be obligated before the submission of the 
report subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That the report 
shall be updated and submitted to the Committees on 
Appropriations every six months and shall include information 
detailing how the estimates and assumptions contained in 
previous reports have changed: Provided further, That any 
proposed new projects and increases in funding of ongoing 
projects shall be reported to the Committees on Appropriations 
in accordance with regular notification procedures: Provided 
further, That the Secretary of State shall submit to the 
Committees on Appropriations, not later than 210 days following 
enactment of this Act, and every six months thereafter, a 
report detailing on a project-by project basis, the expenditure 
of funds appropriated under this chapter until all funds have 
been fully expended.

                         AUTHORIZATION OF FUNDS

    Sec. 4103. Funds appropriated by this Act may be obligated 
and expended notwithstanding 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), section 10 of Public Law 91-672 (22 U.S.C. 2412), 
and section 504(a)(1) of the National Security Act of 1947 (50 
U.S.C. 414(a)(1)).

                         AVIAN INFLUENZA VIRUS

    Sec. 4104. Of the funds appropriated under this chapter, 
$25,000,000 shall be made available for a coordinated program 
to prevent and control the spread of the Avian influenza virus: 
Provided, That not less than $15,000,000 of such funds should 
be transferred to the Centers for Disease Control and 
Prevention: Provided further, That prior to the obligation of 
such funds, the Centers for Disease Control and Prevention 
shall consult with the United States Agency for International 
Development on the proposed use of such funds: Provided 
further, That funds made available by this section and 
transferred to the Centers for Disease Control and Prevention 
shall be for necessary expenses to carry out Titles III and 
XXIII of the Public Health Service Act.
          * * * * * * *
     e. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 2005

    Partial text of division D of Public Law 108-447 [Consolidated 
Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved December 
     8, 2004; amended by Public Law 109-13 [Emergency Supplemental 
 Appropriations Act for Defense, the Global War on Terror, and Tsunami 
Relief, 2005; H.R. 1268], 119 Stat. 231, approved May 11, 2005; and by 
 Public Law 109-102 [Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved 
                           November 14, 2005

          * * * * * * *

DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2005


          Note.--Fiscal year 2004 appropriations were continued 
        into fiscal year 2005 in Public Law 108-309 (118 Stat. 
        1137; approved September 30, 2004), as amended, pending 
        final passage of several annual appropriations bills 
        including foreign assistance appropriations.



          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                                HIV/AIDS

    Sec. 525. (a)(1) Notwithstanding any other provision of 
this Act, 25 percent of the funds that are appropriated by this 
Act for a contribution to support the Global Fund to Fight 
AIDS, Tuberculosis and Malaria (the ``Global Fund'') shall be 
withheld from obligation to the Global Fund until the Secretary 
of State certifies to the Committees on Appropriations that the 
Global Fund--
          (A) is establishing a full time, professional, 
        independent office which reports directly to the Global 
        Fund Board regarding, among other things, the integrity 
        of processes for consideration and approval of grant 
        proposals, and the implementation, monitoring and 
        evaluation of grants made by the Global Fund;
          (B) is strengthening domestic civil society 
        participation, especially for people living with HIV/
        AIDS, in country coordinating mechanisms;
          (C) is establishing procedures to assess the need 
        for, and coordinate, technical assistance for Global 
        Fund activities, in cooperation with bilateral and 
        multilateral donors;
          (D) has established clear progress indicators upon 
        which to determine the release of incremental 
        disbursements;
          (E) is releasing such incremental disbursements only 
        if positive results have been attained based on those 
        indicators; and
          (F) is providing support and oversight to country-
        level entities, such as country coordinating 
        mechanisms, principal recipients, and local Fund 
        agents, to enable them to fulfill their mandates.
    (2) The Secretary of State may waive paragraph (1) of this 
subsection if he determines and reports to the Committees on 
Appropriations that such waiver is important to the national 
interest of the United States.
    (b) \1\ (1) In furtherance of the purposes of section 104A 
of the Foreign Assistance Act of 1961, and to assist in 
providing a safe, secure, reliable, and sustainable supply 
chain of pharmaceuticals and other products needed to provide 
care and treatment of persons with HIV/AIDS and related 
infections, the Coordinator of the United States Government 
Activities to Combat HIV/AIDS Globally (the ``Coordinator'') is 
authorized to establish an HIV/AIDS Working Capital Fund (in 
this section referred to as the ``HIV/AIDS Fund'').
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 7612a.
---------------------------------------------------------------------------
    (2) Funds deposited during any fiscal year in the HIV/AIDS 
Fund shall be available without fiscal year limitation and used 
for pharmaceuticals and other products needed to provide care 
and treatment of persons with HIV/AIDS and related infections, 
including, but not limited to--
          (A) anti-retroviral drugs;
          (B) other pharmaceuticals and medical items needed to 
        provide care and treatment to persons with HIV/AIDS and 
        related infections;
          (C) laboratory and other supplies for performing 
        tests related to the provision of care and treatment to 
        persons with HIV/AIDS and related infections;
          (D) other medical supplies needed for the operation 
        of HIV/AIDS treatment and care centers, including 
        products needed in programs for the prevention of 
        mother-to-child transmission;
          (E) pharmaceuticals and health commodities needed for 
        the provision of palliative care; and
          (F) laboratory and clinical equipment, as well as 
        equipment needed for the transportation and care of 
        HIV/AIDS supplies, and other equipment needed to 
        provide prevention, care and treatment of HIV/AIDS 
        described above.
    (3) There may be deposited during any fiscal year in the 
HIV/AIDS Fund payments for HIV/AIDS pharmaceuticals and 
products provided from the HIV/AIDS Fund received from 
applicable appropriations and funds of the United States Agency 
for International Development, the Department of Health and 
Human Services, the Department of Defense, or other Federal 
agencies and other sources at actual cost of the HIV/AIDS 
pharmaceuticals and other products, actual cost plus the 
additional costs of providing such HIV/AIDS pharmaceuticals and 
other products, or at any other price agreed to by the 
Coordinator or his designee.
    (4) There may be deposited in the HIV/AIDS Fund payments 
for the loss of, or damage to, HIV/AIDS pharmaceuticals and 
products held in the HIV/AIDS Fund, rebates, reimbursements, 
refunds and other credits applicable to the operation of the 
HIV/AIDS Fund.
    (5) At the close of each fiscal year the Coordinator may 
transfer out of the HIV/AIDS Fund to other HIV/AIDS 
programmatic areas such amounts as the Coordinator determines 
to be in excess of the needs of the HIV/AIDS Fund.
    (6) At the close of each fiscal year the Coordinator shall 
submit a report to the Committees on Appropriations detailing 
the financial activities of the HIV/AIDS Fund, including 
sources of income and information regarding disbursements.
          * * * * * * *

                       WEST BANK AND GAZA PROGRAM

    Sec. 559.\2\ (a) Oversight.--For fiscal year 2005, 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.
---------------------------------------------------------------------------
    \2\ Language similar to that in subsec. (a) was first enacted as 
sec. 587 of the Foreign Assistance Appropriations Act, 2000. Language 
similar to that in subsecs. (b) and (d) were first enacted in sec. 568 
of the Foreign Assistance Appropriations Act, 2003. Subsec. (c) was 
added in FY 2005.
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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, private or 
government entity, or educational institution 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 and shall terminate assistance to any 
individual, entity, or educational institution which he has 
determined to be involved in or advocating terrorist activity.
    (c) Prohibition.--None of the funds appropriated by this 
Act for assistance under the West Bank and Gaza program may be 
made available for the purpose of recognizing or otherwise 
honoring individuals who commit, or have committed, acts of 
terrorism.
    (d) 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.
    (e) \3\ Subsequent to the certification specified in 
subsection (a), the Comptroller General of the United States 
shall conduct an audit and an investigation of the treatment, 
handling, and uses of all funds for the bilateral West Bank and 
Gaza Program in fiscal year under the heading ``Economic 
Support Fund.'' The audit shall address--
---------------------------------------------------------------------------
    \3\ Sec. 2103 of the Emergency Supplemental Appropriations Act for 
Defense, the Global War on Terror, and Tsunami Relief, 2005 (division A 
of Public Law 109-13; 119 Stat. 266), added subsec. (e).
---------------------------------------------------------------------------
          (1) the extent to which such Program complies with 
        the requirements of subsections (b) and (c), and
          (2) an examination of all programs, projects, and 
        activities carried out under such Program, including 
        both obligations and expenditures.
          * * * * * * *

  UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT HIRING AUTHORITY

    Sec. 588.\4\ (a) Authority.--Up to $37,500,000 of the funds 
made available in this Act to carry out the provisions of part 
I of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ``Assistance for Eastern Europe 
and the Baltic States'', may be used by the United States 
Agency for International Development (USAID) to hire and employ 
individuals in the United States and overseas on a limited 
appointment basis pursuant to the authority of sections 308 and 
309 of the Foreign Service Act of 1980.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 3948 note.
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    (b) Restrictions.--
          (1) The number of individuals hired in any fiscal 
        year pursuant to the authority contained in subsection 
        (a) may not exceed 175, of which not more than 75 may 
        be hired for employment in the United States.
          (2) The authority to hire individuals contained in 
        subsection (a) shall expire on September 30, 2007.
    (c) Conditions.--The authority of this section may only be 
used--
          (1) to the extent that an equivalent number of 
        positions that are filled by personal services 
        contractors or other nondirect-hire employees of USAID, 
        who are compensated with funds appropriated to carry 
        out part I of the Foreign Assistance Act of 1961, 
        including funds appropriated under the heading 
        ``Assistance for Eastern Europe and the Baltic 
        States'', are eliminated; and
          (2) after consultations between the Committees on 
        Appropriations and the USAID Administrator on the 
        implementation of this section and USAID work force 
        issues more generally.
    (d) Priority Sectors.--In exercising the authority of this 
section, primary emphasis shall be placed on enabling USAID to 
meet personnel positions in technical skill areas currently 
encumbered by contractor or other nondirect-hire personnel.
    (e) Consultations.--After the initial consultations 
required by subsection (c)(2), the USAID Administrator shall 
consult with the Committees on Appropriations at least on a 
quarterly basis thereafter concerning the implementation of 
this section.
    (f) Program Account Charged.--The account charged for the 
cost of an individual hired and employed under the authority of 
this section shall be the account to which such individual's 
responsibilities primarily relate. Funds made available to 
carry out this section may be transferred to and merged and 
consolidated with funds appropriated for ``Operating Expenses 
of the United States Agency for International Development''.
    (g) Relation to Prior Law.--Upon completion of the 
consultations required by subsection (c)(2), the authority 
contained in this section shall supersede the authority 
contained in section 525 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2004.\5\
---------------------------------------------------------------------------
    \5\ Sec. 525 of the Foreign Assistance Appropriations Act, 2004, 
provided the following:
---------------------------------------------------------------------------

``usaid overseas program
---------------------------------------------------------------------------

    ``Sec. 525. Funds appropriated by this and subsequent 
appropriations Acts to carry out the provisions of part I of the 
Foreign Assistance Act of 1961, including funds appropriated under the 
heading `Assistance for Eastern Europe and the Baltic States', may be 
made available to employ individuals overseas on a limited appointment 
basis pursuant to the authority of sections 308 and 309 of the Foreign 
Service Act of 1980: Provided, That in fiscal years 2004, 2005, and 
2006 the authority of this section may be used to hire not more than 85 
individuals in each such year.''.
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    (h) Disaster Surge Capacity.--Funds appropriated by this 
Act to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for 
Eastern Europe and the Baltic States'', may be used, in 
addition to funds otherwise available for such purposes, for 
the cost (including the support costs) of individuals detailed 
to or employed by the United States Agency for International 
Development whose primary responsibility is to carry out 
programs in response to natural disasters.
          * * * * * * *

                          VIETNAMESE REFUGEES

    Sec. 594. (a) Eligibility for In-Country Refugee Processing 
in Vietnam.--For purposes of eligibility for in-country refugee 
processing for nationals of Vietnam during fiscal years 2004 
through 2007,\6\ 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).
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    \6\ Sec. 534(f) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2209), struck out ``and 2005'' and inserted in lieu thereof 
``through 2007''.
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    (b) Aliens Covered.--An alien described in this subsection 
is an alien who--
          (1) is the son or daughter of a qualified national;
          (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 or through the United States 
        Consulate General in Ho Chi Minh City.
    (c) Qualified National.--The term ``qualified national'' in 
subsection (b)(1) means a national of Vietnam who--
          (1)(A) was formerly interned in a re-education camp 
        in Vietnam by the Government of the Socialist Republic 
        of Vietnam; or
          (B) is the widow or widower of an individual 
        described in subparagraph (A);
          (2)(A) qualified for refugee processing under the 
        Orderly Departure Program re-education subprogram; and
          (B) is or was accepted under the Orderly Departure 
        Program or through the United States Consulate General 
        in Ho Chi Minh City--
                  (i) for resettlement as a refugee; or
                  (ii) for admission to the United States as an 
                immediate relative immigrant; and
          (3)(A) is presently maintaining a residence in the 
        United States or whose surviving spouse is presently 
        maintaining such a residence; or
          (B) was approved for refugee resettlement or 
        immigrant visa processing and is awaiting departure 
        formalities from Vietnam or whose surviving spouse is 
        awaiting such departure formalities.
          * * * * * * *
    This division may be cited as the ``Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 
2005''.
     f. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 2004

    Partial text of division D of Public Law 108-199 [Consolidated 
  Appropriations Act, 2004; H.R. 2673], 118 Stat. 3 at 143, approved 
January 23, 2004; amended by Public Law 109-140 [H.R. 4436], 119 Stat. 
                    2650, approved December 22, 2005

          * * * * * * *

DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2004

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 2004, and 
                          for other purposes.


          Note.--Fiscal year 2003 appropriations were continued 
        into fiscal year 2004 in Public Law 108-84 (117 Stat. 
        1042; approved September 30, 2003), as amended, pending 
        final passage of several annual appropriations bills 
        including foreign assistance appropriations.



That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2004, and for other purposes, namely:
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                         USAID OVERSEAS PROGRAM

    Sec. 525.\1\ Funds appropriated by this and subsequent 
appropriations Acts to carry out the provisions of part I of 
the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ``Assistance for Eastern Europe 
and the Baltic States'', may be made available to employ 
individuals overseas on a limited appointment basis pursuant to 
the authority of sections 308 and 309 of the Foreign Service 
Act of 1980: Provided, That in fiscal years 2004, 2005, and 
2006 the authority of this section may be used to hire not more 
than 85 individuals in each such year.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3948 note.
---------------------------------------------------------------------------
          * * * * * * *

                    ADMINISTRATION OF JUSTICE DUTIES

    Sec. 536.\2\ Of the funds appropriated or otherwise made 
available by this Act or any subsequent 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.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2364c. Language similar to this section had been 
enacted in previous years' appropriations Acts, under the section 
heading ``Anti-Narcotics Activities''. See also sec. 534 of the Foreign 
Assistance Act of 1961, relating to administration of justice.
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              POST DIFFERENTIALS AND DANGER PAY ALLOWANCES

    Sec. 591. (a) Section 5925(a) of title 5, United States 
Code, is amended * * *
    (b) Section 5928 of title 5, United States Code, is amended 
* * *
    (c) \3\ * * *
---------------------------------------------------------------------------
    \3\ Formerly at 5 U.S.C. 5925 note. Repealed by sec. 4(a) of Public 
Law 109-140 (119 Stat. 2651). That Act also further amended 5 U.S.C. 
5925(a) and 5928, and enacted a freestanding provisions related to 
adjustments in post differentials. For text, see Legislation on Foreign 
Relations Through 2005, vol. II-A. Sec. 591(c) had read as follows:
    ``(c) Except for employees of the United States Agency for 
International Development stationed in Iraq and Afghanistan, the 
amendments made by subsections (a) and (b) shall not take effect until 
the same authority is enacted for employees of the Department of 
State.''.
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          * * * * * * *

                        RELIGIOUS FREEDOM REPORT

    Sec. 598. The assessment and description of violations of 
religious freedom contained in the report required by section 
102(b)(1)(B) of the International Religious Freedom Act of 1998 
(22 U.S.C. 6412(b)(1)(B)) shall include a description of 
persecution targeted at specific religions, including acts of 
anti-Semitism, by individuals or organizations designated as 
terrorist organizations by the Secretary of State under section 
219 of the Immigration and Nationality Act, as amended.
          * * * * * * *

             TITLE VI--MILLENNIUM CHALLENGE ACT OF 2003 \4\

          * * * * * * *
---------------------------------------------------------------------------
    \4\ For text of the Millennium Challenge Act of 2003, see page 530.
---------------------------------------------------------------------------
    This division may be cited as the ``Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 
2004''.
 g. Emergency Supplemental Appropriations Act for Defense and for the 
              Reconstruction of Iraq and Afghanistan, 2004

    Partial text of Public Law 108-106 [H.R. 3289], 117 Stat. 1209, 
  approved November 6, 2003; amended by Public Law 108-309 [H.J. Res. 
 107], 118 Stat. 1137, approved September 30, 2004; Public Law 108-375 
 [Ronald W. Reagan National Defense Authorization Act for Fiscal Year 
  2005; H.R. 4200], 118 Stat. 1811, approved October 28, 2004; and by 
 Public Law 109-102 [Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved 
                           November 14, 2005

AN ACT Making emergency supplemental appropriations for defense and for 
 the reconstruction of Iraq and Afghanistan for the fiscal year ending 
              September 30, 2004, 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, 2004, and for other purposes, namely:

                       TITLE I--NATIONAL SECURITY

                               CHAPTER 1

          * * * * * * *

                    GENERAL PROVISIONS, THIS CHAPTER

          * * * * * * *
    Sec. 1120.\1\ (a) Not later than April 30 and October 31 of 
each year, the Secretary of Defense shall submit to Congress a 
report on the military operations of the Armed Forces and the 
reconstruction activities of the Department of Defense in Iraq 
and Afghanistan.
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 113 note.
---------------------------------------------------------------------------
    (b) Each report shall include the following information:
          (1) For each of Iraq and Afghanistan for the half-
        fiscal year ending during the month preceding the due 
        date of the report, the amount expended for military 
        operations of the Armed Forces and the amount expended 
        for reconstruction activities, together with the 
        cumulative total amounts expended for such operations 
        and activities.
          (2) An assessment of the progress made toward 
        preventing attacks on United States personnel.
          (3) An assessment of the effects of the operations 
        and activities in Iraq and Afghanistan on the readiness 
        of the Armed Forces.
          (4) An assessment of the effects of the operations 
        and activities in Iraq and Afghanistan on the 
        recruitment and retention of personnel for the Armed 
        Forces.
          (5) For the half-fiscal year ending during the month 
        preceding the due date of the report, the costs 
        incurred for repair of Department of Defense equipment 
        used in the operations and activities in Iraq and 
        Afghanistan.
          (6) The foreign countries, international 
        organizations, and nongovernmental organizations that 
        are contributing support for the ongoing military 
        operations and reconstruction activities, together with 
        a discussion of the amount and types of support 
        contributed by each during the half-fiscal year ending 
        during the month preceding the due date of the report.
          (7) The extent to which, and the schedule on which, 
        the Selected Reserve of the Ready Reserve of the Armed 
        Forces is being involuntarily ordered to active duty 
        under section 12304 of title 10, United States Code.
          (8) For each unit of the National Guard of the United 
        States and the other reserve components of the Armed 
        Forces on active duty pursuant to an order to active 
        duty under section 12304 of title 10, United States 
        Code, the following information:
                  (A) The unit.
                  (B) The projected date of return of the unit 
                to its home station.
                  (C) The extent (by percentage) to which the 
                forces deployed within the United States and 
                outside the United States in support of a 
                contingency operation are composed of reserve 
                component forces.
          * * * * * * *

    TITLE II--IRAQ AND AFGHANISTAN RECONSTRUCTION AND INTERNATIONAL 
                               ASSISTANCE

          * * * * * * *

                               CHAPTER 2

                     BILATERAL ECONOMIC ASSISTANCE

          * * * * * * *

                    GENERAL PROVISIONS, THIS CHAPTER

          * * * * * * *
    Sec. 2207.\2\ (a) The Director of the Office of Management 
and Budget, in consultation with the Administrator of the 
Coalition Provisional Authority (CPA) and the Committees on 
Appropriations, shall submit to the Committees on 
Appropriations not later than January 5, 2004 and prior to the 
initial obligation of funds appropriated by this Act under the 
heading ``Iraq Relief and Reconstruction Fund'' a report on the 
proposed uses of all funds under this heading on a project-by-
project basis, for which the obligation of funds is anticipated 
during the 3 month period from such date, including estimates 
by the CPA of the costs required to complete each such project: 
Provided, That up to 20 percent of funds appropriated under 
such heading may be obligated before the submission of the 
report: Provided further, That in addition such report shall 
include the following:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          (1) The use of all funds on a project-by-project 
        basis for which funds appropriated under such heading 
        were obligated prior to the submission of the report, 
        including estimates by the CPA of the costs required to 
        complete each project.
          (2) The distribution of duties and responsibilities 
        regarding such projects among the agencies of the 
        United States Government.
          (3) Revenues to the CPA attributable to or consisting 
        of funds provided by foreign governments and 
        international organizations, disaggregated by donor, 
        any obligations or expenditures of such revenues, and 
        the purpose of such obligations and expenditures.
          (4) Revenues to the CPA attributable to or consisting 
        of foreign assets seized or frozen, any obligations or 
        expenditures of such revenues, and the purpose of such 
        obligations and expenditures.
    (b) Any proposed new projects and increases in funding of 
ongoing projects shall be reported to the Committees on 
Appropriations in accordance with regular notification 
procedures.
    (c) The report required by subsection (a) shall be updated 
and submitted to the Committees on Appropriations every 3 
months and shall include information on how the estimates and 
assumptions contained in previous reports have changed.
    (d) The requirements of this section shall expire on 
October 1, 2007.
    Sec. 2208.\3\ Any reference in this chapter to the 
``Coalition Provisional Authority in Iraq'' or the ``Coalition 
Provisional Authority'' shall be deemed to include any 
successor United States Government entity with the same or 
substantially the same authorities and responsibilities as the 
Coalition Provisional Authority in Iraq.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          * * * * * * *
    Sec. 2215.\4\ Reports on Iraq and Afghanistan. (a)(1) The 
Coalition Provisional Authority (CPA) shall, on a monthly basis 
until September 30, 2006, submit a report to the Committees on 
Appropriations which details, for the preceding month, Iraqi 
oil production and oil revenues, and uses of such revenues.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
    (2) The first report required by this subsection shall be 
submitted not later than 30 days after enactment of this Act.
    (3) The reports required by this subsection shall also be 
made publicly available in both English and Arabic, including 
through the CPA's Internet website.
    (b) The Secretary of State, in consultation with the heads 
of other relevant Federal agencies, shall submit a report to 
the Committees on Appropriations not later than 90 days after 
enactment of this Act detailing:
          (1) the amount of debt incurred by the Government of 
        Saddam Hussein in Iraq, the impact forgiveness of such 
        debt would have on reconstruction and long-term 
        prosperity in Iraq, and the estimated amount that Iraq 
        will pay, or that will be paid on behalf of Iraq, to a 
        foreign country to service such debt during fiscal year 
        2004;
          (2) the efforts of the Government of the United 
        States to increase resources contributed by foreign 
        countries and international organizations, including 
        the United Nations, to the reconstruction and 
        rehabilitation of Iraq and to increase international 
        participation in peacekeeping and security efforts in 
        Iraq;
          (3) the manner in which the needs of people with 
        disabilities are being addressed in the development and 
        implementation of programs, projects and activities 
        funded by the United States Government in Iraq and 
        Afghanistan;
          (4) the progress being made toward indicting and 
        trying leaders of the former Iraqi regime for war 
        crimes, genocide, and crimes against humanity; and
          (5) the efforts of relevant Iraqi officials and legal 
        advisors to ensure that a new Iraqi constitution 
        preserves religious freedom and tolerance of all 
        faiths.
    (c) Title III of Public Law 107-327 is amended as follows 
by inserting the following new section:

``SEC. 304. REPORTS.\5\
---------------------------------------------------------------------------

    \5\ 22 U.S.C. 7554.
---------------------------------------------------------------------------
    ``The Secretary of State shall submit reports to the 
Committees on Foreign Relations and Appropriations of the 
Senate, and the Committees on International Relations and 
Appropriations of the House of Representatives on progress made 
in accomplishing the `Purposes of Assistance' set forth in 
section 102 of this Act utilizing assistance provided by the 
United States for Afghanistan. The first report shall be 
submitted no later than December 31, 2003, and subsequent 
reports shall be submitted in conjunction with reports required 
under section 303 of this title and thereafter through December 
31, 2004.''.
          * * * * * * *

    TITLE III--SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION \6\

SEC. 3001.\7\ SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION.

    (a) Purposes.--The purposes of this section are as follows:
---------------------------------------------------------------------------
    \6\ Sec. 1203(a)(3)(B) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2079) struck out ``TITLE III--INSPECTOR GENERAL OF THE COALITION 
PROVISIONAL AUTHORITY'' and inserted in lieu thereof ``TITLE III--
SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION''.
    \7\ 5 U.S.C. app. 8G note. Sec. 1203(a)(3)(A) of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108-375; 118 Stat. 2079) struck out ``inspector general of the 
coalition provisional authority.'' and inserted in lieu thereof 
``special inspector general for iraq reconstruction.'' as the section 
heading.
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          (1) To provide for the independent and objective 
        conduct and supervision of audits and investigations 
        relating to the programs and operations funded with 
        amounts appropriated or otherwise made available to the 
        Iraq Relief and Reconstruction Fund.\8\
---------------------------------------------------------------------------
    \8\ Sec. 1203(c)(1) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2079) struck out ``of the Coalition Provisional Authority (CPA)'' and 
inserted in lieu thereof ``funded with amounts appropriated or 
otherwise made available to the Iraq Relief and Reconstruction Fund''.
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          (2) To provide for the independent and objective 
        leadership and coordination of, and recommendations on, 
        policies designed to--
                  (A) promote economy efficiency, and 
                effectiveness in the administration of such 
                programs and operations; and
                  (B) prevent and detect waste, fraud,\9\ and 
                abuse in such programs and operations.
---------------------------------------------------------------------------
    \9\ Sec. 1203(c)(2) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2079) struck out ``fraud'' and inserted in lieu thereof ``waste, 
fraud,''.
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          (3) To provide for an independent and objective means 
        of keeping the Secretary of State and the Secretary of 
        Defense \10\ fully and currently informed about 
        problems and deficiencies relating to the 
        administration of such programs and operations and the 
        necessity for and progress for corrective action.
---------------------------------------------------------------------------
    \10\ Sec. 1203(c)(3) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2079) struck out ``the head of the Coalition Provisional Authority'' 
and inserted in lieu thereof ``the Secretary of State and the Secretary 
of Defense''.
---------------------------------------------------------------------------
    (b) Office of Inspector General.--There is hereby 
established the Office of the Special Inspector General for 
Iraq Reconstruction.\11\
---------------------------------------------------------------------------
    \11\ Sec. 1203(a)(1) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2078) struck out ``Office of the Inspector General of the Coalition 
Provisional Authority'' and inserted in lieu thereof ``Office of the 
Special Inspector General for Iraq Reconstruction''.
---------------------------------------------------------------------------
    (c) \12\ Appointment of Inspector General; Removal.--(1) 
The head of the Office of the Special Inspector General for 
Iraq Reconstruction \11\ is the Special Inspector General for 
Iraq Reconstruction (in this section referred to as the 
``Inspector General''),\13\ who shall be appointed by the 
Secretary of Defense, in consultation with the Secretary of 
State.
---------------------------------------------------------------------------
    \12\ Sec. 1203(b) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2079) provided the following:
    ``(b) Continuation in Office.--The individual serving as the 
Inspector General of the Coalition Provisional Authority as of the date 
of the enactment of this Act [October 28, 2004] may continue to serve 
in that position after that date without reappointment under paragraph 
(1) of section 3001(c) of the Emergency Supplemental Appropriations Act 
for Defense and for the Reconstruction of Iraq and Afghanistan, 2004, 
but remaining subject to removal as specified in paragraph (4) of that 
section.''.
    \13\ Sec. 1203(a)(2) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2078) struck out ``Inspector General of the Coalition Provisional 
Authority'' and inserted in lieu thereof ``Special Inspector General 
for Iraq Reconstruction (in this section referred to as the `Inspector 
General')''.
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    (2) The appointment of Inspector General shall be made 
solely on the basis of integrity and demonstrated ability in 
accounting, auditing, financial analysis, law, management 
analysis, public administration, or investigations.
    (3) The nomination of an individual as Inspector General 
shall be made not later than 30 days after the date of the 
enactment of this Act.
    (4) The Inspector General shall be removable from office in 
accordance with the provisions of section 3(b) of the Inspector 
General Act of 1978 (5 U.S.C. App.).
    (5) For purposes of section 7324 of title 5, United States 
Code, the Inspector General shall not be considered an employee 
who determines policies to be pursued by the United States in 
the nationwide administration of Federal law.
    (6) The annual rate of basic pay of the Inspector General 
shall be the annual rate of basic pay provided for positions at 
level IV of the Executive Schedule under section 5315 of title 
5, United States Code.
    (d) Assistant Inspectors General.--The Inspector General 
shall, in accordance with applicable laws and regulations 
governing the civil service--
          (1) appoint an Assistant Inspector General for 
        Auditing who shall have the responsibility for 
        supervising the performance of auditing activities 
        relating to programs and operations supported by the 
        Iraq Relief and Reconstruction Fund; \14\ and
---------------------------------------------------------------------------
    \14\ Sec. 1203(d) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2079) struck out ``of the Coalition Provisional Authority'' and 
inserted in lieu thereof ``supported by the Iraq Relief and 
Reconstruction Fund''.
---------------------------------------------------------------------------
          (2) appoint an Assistant Inspector General for 
        Investigations who shall have the responsibility for 
        supervising the performance of investigative activities 
        relating to such programs and operations.
    (e) Supervision.--(1) Except as provided in paragraph (2), 
the Inspector General shall report directly to, and be under 
the general supervision of, the Secretary of State and the 
Secretary of Defense.\15\
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    \15\ Sec. 1203(e)(1)(A) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2079) struck out ``the head of the Coalition Provisional Authority'' 
and inserted in lieu thereof ``the Secretary of State and the Secretary 
of Defense''.
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    (2) No officer \16\ of the Department of Defense, the 
Department of State, or the United States Agency for 
International Development shall prevent or prohibit the 
Inspector General from initiating, carrying out, or completing 
any audit or investigation related to the Iraq Relief and 
Reconstruction Fund or from issuing any subpoena during the 
course of any such \17\ audit or investigation.
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    \16\ Sec. 1203(e)(1)(B)(i) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2079) struck out ``Neither the head of the Coalition Provisional 
Authority, any other officer of the Coalition Provisional Authority, 
nor any other officer'' and inserted in lieu thereof ``No officer''.
    \17\ Sec. 1203(e)(1)(B)(ii) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2079) struck out ``investigation, or from issuing any subpoena 
during the course of any'' and inserted in lieu thereof ``investigation 
related to the Iraq Relief and Reconstruction Fund or from issuing any 
subpoena during the course of any such''.
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    (f) Duties.--(1) It shall be the duty of the Inspector 
General to conduct, supervise, and coordinate audits and 
investigations of the treatment, handling, and expenditure of 
amounts appropriated or otherwise made available to the Iraq 
Relief and Reconstruction Fund,\18\ and of the programs, 
operations, and contracts carried out utilizing such funds, 
including--
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    \18\ Sec. 1203(f)(1) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2080) struck out ``appropriated funds by the Coalition Provisional 
Authority in Iraq'' and inserted in lieu thereof ``amounts appropriated 
or otherwise made available to the Iraq Relief and Reconstruction 
Fund''.
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          (A) the oversight and accounting of the obligation 
        and expenditure of such funds;
          (B) the monitoring and review of reconstruction 
        activities funded by such funds;
          (C) the monitoring and review of contracts funded by 
        such funds;
          (D) the monitoring and review of the transfer of such 
        funds and associated information between and among 
        departments, agencies, and entities of the United 
        States and \19\ private and nongovernmental entities; 
        and
---------------------------------------------------------------------------
    \19\ Sec. 1203(f)(2) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2080) struck out ``the Coalition Provisional Authority, other 
departments, agencies, and entities of the Federal Government, and'' 
and inserted in lieu thereof ``departments, agencies, and entities of 
the United States and''.
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          (E) the maintenance of records on the use of such 
        funds to facilitate future audits and investigations of 
        the use of such funds.
    (2) The Inspector General shall establish, maintain, and 
oversee such systems, procedures, and controls as the Inspector 
General considers appropriate to discharge the duty under 
paragraph (1).
    (3) In addition to the duties specified in paragraphs (1) 
and (2), the Inspector General shall also have the duties and 
responsibilities of inspectors general under the Inspector 
General Act of 1978.
    (4) \20\ In carrying out the duties, responsibilities, and 
authorities of the Inspector General under this section, the 
Inspector General shall coordinate with, and receive the 
cooperation of, each of the following:
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    \20\ Sec. 1203(g) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2080) struck out paras. (4) and (5), and inserted a new para. (4). 
Paras. (4) and (5) previously read as follows:
    ``(4) In carrying out the duties, responsibilities, and authorities 
of the Inspector General under this section, the Inspector General 
shall coordinate with, and receive the cooperation of, the Inspector 
General of the Department of Defense.
    ``(5) In carrying out the duties, and responsibilities, and 
authorities of the Inspector General under this section, the Inspector 
General shall coordinate with, and receive the cooperation of the 
Inspector General of the United States Agency for International 
Development.''.
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          (A) The Inspector General of the Department of State.
          (B) The Inspector General of the Department of 
        Defense.
          (C) The Inspector General of the United States Agency 
        for International Development.
    (g) Powers and Authorities.--(1) In carrying out the duties 
specified in subsection (f), the Inspector General shall have 
the authorities provided in section 6 of the Inspector General 
Act of 1978, including the authorities under subsection (e) of 
such section.\21\
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    \21\ Sec. 1203(h) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2080) inserted ``, including the authorities under subsection (e) of 
such section''.
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    (2) The Inspector General shall carry out the duties 
specified in subsection (f)(1) in accordance with section 
4(b)(1) of the Inspector General Act of 1978.
    (h) Personnel, Facilities, and Other Resources.--(1) The 
Inspector General may select, appoint, and employ such officers 
and employees as may be necessary for carrying out the duties 
of the Inspector General, subject to the provisions of title 5, 
United States Code, governing appointments in the competitive 
service, and the provisions of chapter 51 and subchapter III of 
chapter 53 of such title, relating to classification and 
General Schedule pay rates.
    (2) The Inspector General may obtain services as authorized 
by section 3109 of title 5, United States Code, at daily rates 
not to exceed the equivalent rate prescribed for grade GS-15 of 
the General Schedule by section 5332 of such title.
    (3) To the extent and in such amounts as may be provided in 
advance by appropriations Acts, the Inspector General my enter 
into contracts and other arrangements for audits, studies, 
analyses, and other services with public agencies and with 
private persons, and make such payments as may be necessary to 
carry out the duties of the Inspector General.
    (4)(A) Upon request of the Inspector General for 
information or assistance from any department, agency, or other 
entity of the Federal Government, the head of such entity 
shall, insofar as is practicable and not in contravention of 
any existing law, furnish such information or assistance to the 
Inspector General, or an authorized designee.
    (B) Whenever information or assistance requested by the 
Inspector General is, in the judgment of the Inspector General, 
unreasonably refused or not provided, the Inspector General 
shall report the circumstances to the Secretary of State or 
Secretary of Defense, as appropriate,\22\ and to the 
appropriate committees of Congress without delay.
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    \22\ Sec. 1203(e)(2)(A) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2079) struck out ``head of the Coalition Provisional Authority'' and 
inserted in lieu thereof ``Secretary of State or Secretary of Defense, 
as appropriate,''.
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    (5) The Secretary of State or Secretary of Defense, as 
appropriate,\22\ shall provide the Inspector General with 
appropriate and adequate office space within the Department of 
Defense or at appropriate locations of the Department of State 
in Iraq,\23\ together with such equipment, office supplies, and 
communications facilities and services as may be necessary for 
the operation of such offices, and shall provide necessary 
maintenance services for such offices and the equipment and 
facilities located therein.
---------------------------------------------------------------------------
    \23\ Sec. 1203(e)(2)(B) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2079) struck out ``at the central and field office locations of the 
Coalition Provisional Authority'' and inserted in lieu thereof ``within 
the Department of Defense or at appropriate locations of the Department 
of State in Iraq''.
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    (i) Reports.--(1) Not later than 30 days after the end of 
each fiscal-year quarter, the Inspector General shall submit to 
the appropriate committees of Congress a report summarizing, 
for the period of that quarter and, to the extent possible, the 
period from the end of such quarter to the time of the 
submission of the report,the activities during such period of 
the Inspector General and the activities under programs and 
operations funded with amounts appropriated or otherwise made 
available to the Iraq Relief and Reconstruction Fund.\24\ Each 
report shall include, for the period covered by such report, a 
detailed statement of all obligations, expenditures, and 
revenues associated with reconstruction and rehabilitation 
activities in Iraq, including the following:
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    \24\ Sec. 1203(i)(1)(A) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2080) struck out ``Not later than March 30, 2004, and every calendar 
quarter thereafter, the Inspector General shall submit to the 
appropriate committees of Congress a report summarizing the activities 
of the Inspector General and the Coalition Provisional Authority during 
the 120-day period ending on the date of such report.'' and inserted in 
lieu thereof ``Not later than 30 days after the end of each fiscal-year 
quarter, the Inspector General shall submit to the appropriate 
committees of Congress a report summarizing, for the period of that 
quarter and, to the extent possible, the period from the end of such 
quarter to the time of the submission of the report,the activities 
during such period of the Inspector General and the activities under 
programs and operations funded with amounts appropriated or otherwise 
made available to the Iraq Relief and Reconstruction Fund.''.
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          (A) Obligations and expenditures of appropriated 
        funds.
          (B) A project-by-project and program-by-program 
        accounting of the costs incurred to date for the 
        reconstruction of Iraq, together with the estimate of 
        the Department of Defense, the Department of State, and 
        the United States Agency for International Development, 
        as applicable,\25\ of the costs to complete each 
        project and each program.
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    \25\ Sec. 1203(i)(1)(B) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2081) struck out ``the Coalition Provisional Authority'' and inserted 
in lieu thereof ``the Department of Defense, the Department of State, 
and the United States Agency for International Development, as 
applicable,''.
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          (C) Revenues attributable to or consisting of funds 
        provided by foreign nations or international 
        organizations, and any obligations or expenditures of 
        such revenues.
          (D) Revenues attributable to or consisting of foreign 
        assets seized or frozen, and any obligations or 
        expenditures of such revenues.
          (E) Operating expenses of agencies \26\ or entities 
        receiving amounts appropriated or otherwise made 
        available to the Iraq Relief and Reconstruction 
        Fund.\27\
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    \26\ Sec. 1203(i)(1)(C)(i) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2081) struck out ``the Coalition Provisional Authority and of any 
other'' preceding ``agencies''.
    \27\ Sec. 1203(i)(1)(C)(ii) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2081) struck out ``appropriated funds'' and inserted in lieu 
thereof ``amounts appropriated or otherwise made available to the Iraq 
Relief and Reconstruction Fund''.
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          (F) In the case of any contract described in 
        paragraph (2)--
                  (i) the amount of the contract or other 
                agreement;
                  (ii) a brief discussion of the scope of the 
                contract or other agreement;
                  (iii) a discussion of how the contracting 
                department or agency \28\ identified, and 
                solicited offers from, potential contractors to 
                perform the contract, together with a list of 
                the potential contractors that were issued 
                solicitations for the offers; and
---------------------------------------------------------------------------
    \28\ Sec. 1203(i)(1)(D) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2081) struck out ``the Coalition Provisional Authority'' and inserted 
in lieu thereof ``the contracting department or agency''.
---------------------------------------------------------------------------
                  (iv) the justification and approval documents 
                on which was based the determination to use 
                procedures other than procedures that provide 
                for full and open competition.
    (2) A contract described in this paragraph is any major 
contract or other agreement that is entered into by any 
department or agency of the United States Government that 
involves the use of amounts appropriated or otherwise made 
available to the Iraq Relief and Reconstruction Fund \29\ with 
any public or private sector entity for any of the following 
purposes:
---------------------------------------------------------------------------
    \29\ Sec. 1203(i)(2) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2081) struck out ``by the Coalition Provisional Authority'' and 
inserted in lieu thereof ``by any department or agency of the United 
States Government that involves the use of amounts appropriated or 
otherwise made available to the Iraq Relief and Reconstruction Fund''.
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          (A) To build or rebuild physical infrastructure of 
        Iraq.
          (B) To establish or reestablish a political or 
        societal institution of Iraq.
          (C) To provide products or services to the people of 
        Iraq.
    (3) The \30\ Inspector General shall submit to the 
appropriate committees of Congress semiannual reports \31\ 
meeting the requirements of section 5 of the Inspector General 
Act of 1978. The first such report for a year, covering the 
first six months of the year, shall be submitted not later than 
July 31, of that year, and the second such report, covering the 
second six months of the year, shall be submitted not later 
than January 31, of the following year.\32\
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    \30\ Sec. 1203(i)(3)(A) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2081) struck out ``Not later than June 30, 2004, and semiannually 
thereafter, the'' and inserted in lieu thereof ``The''.
    \31\ Sec. 1203(i)(3)(B) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2081) struck out ``a report'' and inserted in lieu thereof ``semiannual 
reports''.
    \32\ Sec. 1203(i)(3)(C) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2081) added this sentence.
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    (4) The Inspector General shall publish each report under 
this subsection in both English and Arabic on the Internet 
website of the Department of State and of the Department of 
Defense.\33\
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    \33\ Sec. 1203(i)(4) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2081) struck out ``of the Coalition Provisional Authority'' and 
inserted in lieu thereof ``of the Department of State and of the 
Department of Defense''.
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    (5) Each report under this subsection may include a 
classified annex if the Inspector General considers it 
necessary.
    (6) Nothing in this subsection shall be construed to 
authorize the public disclosure of information that is--
          (A) specifically prohibited from disclosure by any 
        other provision of law;
          (B) specifically required by Executive order to be 
        protected from disclosure in the interest of national 
        defense or national security or in the conduct of 
        foreign affairs; or
          (C) a part of an ongoing criminal investigation.
    (j) Report Coordination.--(1) The Inspector General shall 
also submit each report under subsection (i) to the Secretary 
of State and the Secretary of Defense.\34\
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    \34\ Sec. 1203(e)(3)(A) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2080) struck out ``the head of the Coalition Provisional Authority'' 
and inserted in lieu thereof ``the Secretary of State and the Secretary 
of Defense''.
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    (2)(A) Not later than 30 days after receipt of a report 
under paragraph (1), the Secretary of State or the Secretary of 
Defense \35\ may submit to the appropriate committees of 
Congress any comments on the matters covered by the report as 
the Secretary of State or the Secretary of Defense, as the case 
may be,\36\ considers appropriate.
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    \35\ Sec. 1203(e)(3)(B)(i)(I) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2080) struck out ``the head of the Coalition Provisional 
Authority'' and inserted in lieu thereof ``the Secretary of State or 
the Secretary of Defense''.
    \36\ Sec. 1203(e)(3)(B)(i)(II) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2080) struck out ``the head of the Coalition Provisional 
Authority'' and inserted in lieu thereof ``the Secretary of State or 
the Secretary of Defense, as the case may be,''.
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    (B) A report under this paragraph may include a classified 
annex if the Secretary of State or the Secretary of Defense, as 
the case may be,\37\ considers it necessary.
---------------------------------------------------------------------------
    \37\ Sec. 1203(e)(3)(B)(ii) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2080) struck out ``the head of the Coalition Provisional 
Authority'' and inserted in lieu thereof ``the Secretary of State or 
the Secretary of Defense, as the case may be,''.
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    (k) Transparency.--(1) Not later than 60 days after the 
date of the submittal to Congress of a report under subsection 
(i), the Secretary of State and the Secretary of Defense shall 
jointly \38\ make copies of such report available to the public 
upon request, and at a reasonable cost.
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    \38\ Sec. 1203(e)(4) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2080) struck out ``the head of the Coalition Provisional Authority'' in 
each place it appeared in subsec. (k), and inserted in lieu thereof 
``the Secretary of State and the Secretary of Defense shall jointly''.
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    (2) Not later than 60 days after the date of the submittal 
to Congress under subsection (j)(2) of comments on a report 
under subsection (i), the Secretary of State and the Secretary 
of Defense shall jointly \38\ make copies of such comments 
available to the public upon request, and at a reasonable cost.
    (l) Waiver.--(1) The President may waive the requirement 
under paragraph (1) or (3) of subsection (i) for the inclusion 
in a report under such paragraph of any element otherwise 
provided for under such paragraph if the President determines 
that the waiver is justified for national security reasons.
    (2) The President shall publish a notice of each waiver 
made under this subsection in the Federal Register no later 
than the date on which the reports required under paragraph (1) 
or (3) of subsection (i) are submitted to Congress. The reports 
required under paragraph (1) or (3) of subsection (i) shall 
specify whether waivers under this subsection were made and 
with respect to which elements.
    (m) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' 
means--
          (1) the Committees on Appropriations, Armed Services, 
        and Foreign Relations of the Senate; and
          (2) the Committees on Appropriations, Armed Services, 
        and International Relations of the House of 
        Representatives.
    (n) Funding.--(1) Of the amounts appropriated for fiscal 
year 2004 for the Operating Expenses of the Coalition 
Provisional Authority in title II of this Act, $75,000,000 
shall be available to carry out this section.
    (2) The amount available under paragraph (1) shall remain 
available until expended.
    (o) \39\ Termination.--The Office of the Inspector General 
shall terminate on the date that is 10 months after the date, 
as determined by the Secretary of State and the Secretary of 
Defense, on which 80 percent of the amounts appropriated or 
otherwise made available to the Iraq Relief and Reconstruction 
Fund by chapter 2 of title II of this Act have been 
expended.\40\
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    \39\ Sec. 1203(j) of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 
2081) amended and restated subsec. (o). It previously read as follows:
    ``(o) The Office of Inspector General shall terminate 6 months 
after the authorities and duties of the Coalition Provisional Authority 
cease to exist.''.
    \40\ Sec. 599 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2240), struck out ``obligated'' and inserted in lieu thereof 
``expended''.
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                 TITLE IV--GENERAL PROVISIONS, THIS ACT

    Sec. 4001. 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. 4002. The amounts provided in this Act are designated 
by the Congress as an emergency requirement pursuant to section 
502 of H. Con. Res. 95 (108th Congress).
          * * * * * * *
    This Act may be cited as the ``Emergency Supplemental 
Appropriations Act for Defense and for the Reconstruction of 
Iraq and Afghanistan, 2004''.
       h. Emergency Wartime Supplemental Appropriations Act, 2003

Partial text of Public Law 108-11 [H.R. 1559], 117 Stat. 559, approved 
 April 16, 2003; amended by Public Law 108-106 [Emergency Supplemental 
 Appropriations Act for Defense and for the Reconstruction of Iraq and 
  Afghanistan, 2004; H.R. 3289], 117 Stat. 1209, approved November 6, 
  2003; Public Law 108-447 [Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, 
                       approved December 8, 2004

  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 3

                    DEPARTMENT OF DEFENSE--MILITARY

          * * * * * * *

                         Iraq Freedom Fund \1\

                          (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:
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    \1\ Sec. 8128 of the Department of Defense Appropriations Act, 2004 
(Public Law 108-87; 117 Stat. 1102), provided the following:
---------------------------------------------------------------------------

``(rescission)
---------------------------------------------------------------------------

    ``Sec. 8128. Of the funds made available in chapter 3 of title I of 
the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 
108-11), under the heading `Iraq Freedom Fund', $3,490,000,000 are 
hereby rescinded.''.
    Title I of Public Law 108-106 (117 Stat. 1211) provided the 
following:
---------------------------------------------------------------------------

``Iraq Freedom Fund

``(including transfer of funds)
---------------------------------------------------------------------------

    ``For `Iraq Freedom Fund', $1,988,600,000, to remain available for 
transfer until September 30, 2005, for the purposes authorized under 
this heading in Public Law 108-11: Provided, That the Secretary of 
Defense may transfer the funds provided herein to appropriations for 
military personnel; operation and maintenance; Overseas Humanitarian, 
Disaster, and Civic Aid; procurement; military construction; the 
Defense Health Program; and working capital funds: Provided further, 
That funds transferred shall be merged with and be available for the 
same purposes and for the same time period as the appropriation or fund 
to which transferred: Provided further, That this transfer authority 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 shall submit a report no later than 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: Provided 
further, That not less than $62,100,000 shall be transferred to `Other 
Procurement, Army' for the procurement of Up-armored High Mobility 
Multipurpose Wheeled Vehicles and associated equipment: Provided 
further, That $10,000,000 shall be for the Family Readiness Program of 
the National Guard.''.
    Sec. 1507 of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2099) provided 
the following:
---------------------------------------------------------------------------

``sec. 1507. iraq freedom fund.
---------------------------------------------------------------------------

    ``(a) In General.--Funds are hereby authorized to be appropriated 
for fiscal year 2005 for the account of the Iraq Freedom Fund in amount 
of $3,892,000,000, to remain available for transfer to other accounts 
in this title until September 30, 2006. Amounts of authorization so 
transferred shall be merged with and be made available for the same 
purposes as the authorization to which transferred. Of the amounts 
provided in this section $1,800,000,000 shall only be used for 
classified programs.
    ``(b) Notice to Congress.--A transfer may be made from the Iraq 
Freedom Fund only after the Secretary of Defense notifies the 
congressional defense committees with respect to the proposed transfer 
in writing not less than five days before the transfer is made.''.
    Title IX of the Department of Defense Appropriations Act, 2005 
(Public Law 108-287; 118 Stat. 1005), provided the following:
---------------------------------------------------------------------------

``Iraq Freedom Fund

``(including transfer of funds
---------------------------------------------------------------------------

    ``For an additional amount for `Iraq Freedom Fund', $3,800,000,000, 
to remain available for transfer until September 30, 2006, only to 
support operations in Iraq or Afghanistan and classified activities: 
Provided, That the Secretary of Defense may transfer the funds provided 
herein to appropriations for military personnel; operation and 
maintenance; Overseas Humanitarian, Disaster, and Civic Aid; 
procurement; research, development, test and evaluation; the Defense 
Health Program; and working capital funds: Provided further, That of 
the amounts provided under this heading, $1,800,000,000 shall only be 
for classified programs, described in further detail in the classified 
annex accompanying this Act: Provided further, That up to $100,000,000 
shall be available for the Department of Homeland Security, `United 
States Coast Guard, Operating Expenses': Provided further, That funds 
transferred shall be merged with and be available for the same purposes 
and for the same time period as the appropriation or fund to which 
transferred: Provided further, That this transfer authority 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 shall submit a report no later than 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.''.
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          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.
          * * * * * * *

                    GENERAL PROVISIONS, THIS CHAPTER

          * * * * * * *
    Sec. 1503.\2\ 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, including equipment 
\3\ 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.
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    \2\ Presidential Determination No. 2003-23 of May 7, 2003 (68 F.R. 
26459), stated the following:
    ``* * * I hereby:
    ``(1) suspend the application of all of the provisions, other than 
section 586E, of the Iraq Sanctions Act of 1990, Public Law 101-513, 
and
    ``(2) make inapplicable with respect to Iraq section 620A of the 
Foreign Assistance Act of 1961, Public Law 87-195, as amended (the 
`FAA'), and any other provision of law that applies to countries that 
have supported terrorism.
    ``In addition, I delegate the functions and authorities conferred 
upon the President by:
    ``(1) section 1503 of the Act to submit reports to the designated 
committees of the Congress to the Secretary of Commerce, or until such 
time as the principal licensing responsibility for the export to Iraq 
of items on the Commerce Control List has reverted to the Department of 
Commerce, to the Secretary of the Treasury; and,
    ``(2) section 1504 of the Act to the Secretary of State.''.
    \3\ Sec. 2204 of Public Law 108-106 (117 Stat. 1230) struck out 
``equipment'' and inserted in lieu thereof ``equipment, including 
equipment''.
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    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, subject 
to the notification requirements of this section, exports may 
be authorized of lethal military equipment designated by the 
Secretary of State for use by a reconstituted (or interim) 
Iraqi military or police force, and of small arms designated by 
the Secretary of State for use for private security purposes: 
\4\ 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.
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    \4\ Sec. 2205 of Public Law 108-106 (117 Stat. 1230) amended and 
restated the first proviso, which formerly read as follows: ``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:''.
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          * * * * * * *
    This Act may be cited as the ``Emergency Wartime 
Supplemental Appropriations Act, 2003''.
i. Kenneth M. Ludden Foreign Operations, Export Financing, and Related 
                   Programs Appropriations Act, 2002

    Partial text of 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;
---------------------------------------------------------------------------
    \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 2005, 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--
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5812 note. On January 25, 2002, the President issued 
a memorandum for the Secretary of State, in which he determined that a 
waiver of sec. 907: ``is necessary to support U.S. efforts to counter 
international terrorism; is necessary to support the operational 
readiness of U.S. Armed Forces or coalition partners to counter 
international terrorism; is important to Azerbaijan's border security; 
and will not undermine or hamper ongoing efforts to negotiate a 
peaceful settlement between Armenia and Azerbaijan or be used for 
offensive purposes against Armenia. Accordingly, I hereby waive section 
907 of the FREEDOM Support Act.'' (Presidential Determination No. 2002-
06; 67 F.R. 5921).
    The waiver was extended and restated in Presidential Determination 
No. 2003-12 of January 17, 2003 (68 F.R. 3803); Presidential 
Determination No. 2004-18 of December 30, 2003 (69 F.R. 2057); and 
Presidential Determination No. 2005-18 of January 13, 2005 (70 F.R. 
3853).
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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''.
     j. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 2001

 Partial text of 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; Public Law 109-199 [Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2004; H.J. Res. 2], 
 117 Stat. 3 at 143, approved January 23, 2004; and by Public Law 108-
447 [Consolidated Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, 
                       approved December 8, 2004

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.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151u note.
---------------------------------------------------------------------------
    (b) In publishing this Act in slip form and in the United 
States Statutes at Large pursuant to section 112 of title 1, 
United States Code, the Archivist of the United States shall 
include after the date of approval at the end an appendix 
setting forth the text of the bill referred to in subsection 
(a) of this section.
          * * * * * * *

                         APPENDIX A--H.R. 5526

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2001, and for other purposes, namely:
          * * * * * * *

                      TITLE 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 Secretary of Homeland Security,\3\ under 
such regulations as the Secretary of Homeland Security \4\ may 
prescribe, to that of an alien lawfully admitted permanent 
residence if--
---------------------------------------------------------------------------
    \2\ 8 U.S.C. 1255 note. Several amendments were made to this sec. 
in sec. 534(m) of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 2005 (division D of Public Law 108-447; 
118 Stat. 2809), para. (7) (8 U.S.C. 1255 note) of which provided as 
follows:
    ``(7) The amendments made by this subsection shall take effect as 
if enacted as part of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2001.''.
    \3\ Sec. 534(m)(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809), struck out ``Attorney General'' and inserted 
``Secretary of Homeland Security'' throughout sec. 586.
    \4\ Sec. 534(m)(2)(A) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809), struck out ``she'' and inserted in lieu 
thereof ``Secretary of Homeland Security''.
---------------------------------------------------------------------------
          (1) \5\ the alien makes an application for such 
        adjustment and pays the appropriate fee;
---------------------------------------------------------------------------
    \5\ Sec. 534(m)(2)(B) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809), struck out ``within three years after the 
date of promulgation by the Secretary of Homeland Security of 
regulations in connection with this title'' at the beginning of para. 
(1). The amendment refers to ``Attorney General'', not taking into 
consideration the amendment that incorporated the reference to Security 
of Homeland Security.
---------------------------------------------------------------------------
          (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 \6\ any other 
provision of law, the Secretary of Homeland Security \3\ may 
waive 212(a)(1); 212(a)(6)(B), (C), and (F); 212(a)(8)(A); \7\ 
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 Secretary of Homeland Security \3\ shall be in 
writing and shall be granted only on an individual basis 
following an investigation.
---------------------------------------------------------------------------
    \6\ As enrolled. Should read ``notwithstanding''.
    \7\ Sec. 534(m)(3) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809), struck out ``212(8)(A)'' and inserted in lieu 
thereof ``212(a)(8)(A)''.
---------------------------------------------------------------------------
    (d) \8\ Date of Approval.--Upon the approval of such an 
application for adjustment of status, the Secretary of Homeland 
Security \3\ 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).
---------------------------------------------------------------------------
    \8\ Sec. 534(m)(4) and (5) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2005 (division D of 
Public Law 108-447; 118 Stat. 2809), struck out subsec. (d) and 
redesignated subsecs. (e) and (f) as subsecs. (d) and (e), 
respectively. Former subsec. (d) read as follows:
    ``(d) Ceiling.--The number of aliens who may be provided adjustment 
of status under this provision shall not exceed 5,000.''.
---------------------------------------------------------------------------
    (e) \8\ 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.
    (f) \9\ Adjudication of Applications.--The Secretary of 
Homeland Security shall--
---------------------------------------------------------------------------
    \9\ Sec. 534(m)(6) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809), added subsec. (f).
---------------------------------------------------------------------------
          (1) adjudicate application for adjustment under this 
        section, notwithstanding any limitation on the number 
        of adjustments under this section or any deadline for 
        such applications that previously existed in law or 
        regulation; and
          (2) not charge a fee in addition to any fee that 
        previously was submitted with such application.
          * * * * * * *

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-- \10\
---------------------------------------------------------------------------
    \10\ For amended text, see Legislation on Foreign Relations Through 
2005, vol. III.
---------------------------------------------------------------------------
          (1) by adding ``and'' at the end of subparagraph (B); 
        and
          (2) by striking subparagraph (D).
    (b) Contributions to HIPC Trust Fund.--
          (1) Authorization of appropriations for 
        contributions.--There is authorized to be appropriated 
        (i) \11\ for the period beginning October 1, 2000, and 
        ending September 30, 2003, $600,000,000 \12\ for 
        purposes of United States contributions to the Heavily 
        Indebted Poor Countries (HIPC) Trust Fund administered 
        by the Bank; and (ii) \11\ for fiscal years 2004-2006, 
        not more than $150,000,000, for purposes of additional 
        United States contributions to the HIPC Trust Fund 
        administered by the Bank, which are authorized to 
        remain available until expended.
---------------------------------------------------------------------------
    \11\ Sec. 591(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809), added ``(i)'' after ``appropriated''; and 
added clause (ii).
    \12\ 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''.
---------------------------------------------------------------------------
          (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.\13\ REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT OF 
                    INTERNATIONAL FINANCIAL INSTITUTIONS.

    (a) \14\ * * * [Repealed--2004]
---------------------------------------------------------------------------
    \13\ 22 U.S.C. 262r-6.
    \14\ Sec. 599B(c) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2004 (division D of Public Law 
108-199; 118 Stat. 211) repealed subsec. (a). It read as follows:
    ``(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.''.
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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--\15\
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    \15\ For amended text, see Legislation on Foreign Relations Through 
2005, 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.\16\ 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:
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    \16\ 22 U.S.C. 286oo. Incorporated into the Bretton Woods Agreement 
Act; see Legislation on Foreign Relations Through 2005, 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.\17\ DEFINITIONS.

    In this title:
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    \17\ 22 U.S.C. 262r-6 note.
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          (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''.
                  k. 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; and by 
 Public Law 109-199 [Foreign Operations, Export Financing, and Related 
 Programs Appropriations Act, 2004; H.J. Res. 2], 117 Stat. 3 at 143, 
                       approved January 23, 2004

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.--
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    \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:''.
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          (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
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    \2\ Title II, para. on Andean Counterdrug Initiative, 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''.
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                  (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\
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    \3\ Title II, para. on Andean Counterdrug Initiative, 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''.
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          (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 the appropriate congressional committees \4\ 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.
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    \4\ Sec. 599B(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2004 (division D of Public Law 
108-199; 118 Stat. 211) struck out ``Congress'' and inserted in lieu 
thereof ``the appropriate congressional committees''.
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    (f) \5\ Quarterly Reports.--Beginning within 90 days of the 
date of the enactment of this Act, and every 90 \5\ days 
thereafter, the President shall submit a report to the 
appropriate congressional committees \5\ 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.
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    \5\ Sec. 599B(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2004 (division D of Public Law 
108-199; 118 Stat. 210) (1) struck out ``Bimonthly'' in the subsec. 
heading and inserted in lieu thereof ``Quarterly''; (2) struck out 
``60'' and inserted in lieu thereof ``90''; and (3) struck out 
``Congress'' and inserted in lieu thereof ``the appropriate 
congressional committees''.
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    (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''.
          * * * * * * *
     l. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 2000

 Partial text of 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

 
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                          Note.--Sec. 301 of the Miscellaneous Appropriations Act (H.R. 3425 enacted by reference in sec.

                          ``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

          * * * * * * *

                OVERSEAS PRIVATE INVESTMENT CORPORATION

          * * * * * * *

                            PROGRAM ACCOUNT

    For the cost of direct and guaranteed loans, $24,000,000, 
as authorized by section 234 of the Foreign Assistance Act of 
1961 to be derived by transfer from the Overseas Private 
Investment Corporation noncredit account: Provided, That such 
costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That such sums shall be available for direct 
loan obligations and loan guaranty commitments incurred or made 
during fiscal years 2000 and 2001: Provided further, That such 
sums shall remain available through fiscal year 2008 for the 
disbursement of direct and guaranteed loans obligated in fiscal 
year 2000, and through fiscal year 2009 for the disbursement of 
direct and guaranteed loans obligated in fiscal year 2001: 
Provided further, That in addition, such sums as may be 
necessary for administrative expenses to carry out the credit 
program may be derived from amounts available for 
administrative expenses to carry out the credit and insurance 
programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account: Provided 
further, That funds made available under this heading or in 
prior appropriations Acts that are available for the cost of 
financing under section 234 of the Foreign Assistance Act of 
1961, shall be available for purposes of section 234(g) of such 
Act, to remain available until expended.
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

  VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES OF THE UNITED STATES 
                  AGENCY FOR INTERNATIONAL DEVELOPMENT

    Sec. 579.\1\ (a) Definitions.--For the purposes of this 
section--
---------------------------------------------------------------------------
    \1\ 5 U.S.C. 5597 note.
---------------------------------------------------------------------------
          (1) the term ``agency'' means the United States 
        Agency for International Development;
          (2) the term ``Administrator'' means the 
        Administrator, United States Agency for International 
        Development; and
          (3) the term ``employee'' means an employee (as 
        defined by section 2105 of title 5, United States Code) 
        who is employed by the agency, is serving under an 
        appointment without time limitation, and has been 
        currently employed for a continuous period of at least 
        3 years, but does not include--
                  (A) a reemployed annuitant under subchapter 
                III of chapter 83 or chapter 84 of title 5, 
                United States Code, or another retirement 
                system for employees of the agency;
                  (B) an employee having a disability on the 
                basis of which such employee is or would be 
                eligible for disability retirement under the 
                applicable retirement system referred to in 
                subparagraph (A);
                  (C) an employee who is to be separated 
                involuntarily for misconduct or unacceptable 
                performance, and to whom specific notice has 
                been given with respect to that separation;
                  (D) an employee who has previously received 
                any voluntary separation incentive payment by 
                the Government of the United States under this 
                section or any other authority and has not 
                repaid such payment;
                  (E) an employee covered by statutory 
                reemployment rights who is on transfer to 
                another organization; or
                  (F) any employee who, during the 24-month 
                period preceding the date of separation, 
                received a recruitment or relocation bonus 
                under section 5753 of title 5, United States 
                Code, or who, within the 12-month period 
                preceding the date of separation, received a 
                retention allowance under section 5754 of such 
                title 5, United States Code.
    (b) Agency Strategic Plan.--
          (1) In general.--The Administrator, before obligating 
        any resources for voluntary separation incentive 
        payments under this section, shall submit to the 
        Committees on Appropriations and the Office of 
        Management and Budget a strategic plan outlining the 
        intended use of such incentive payments and a proposed 
        organizational chart for the agency once such incentive 
        payments have been completed.
          (2) Contents.--The agency's plan shall include--
                  (A) the positions and functions to be reduced 
                or eliminated, identified by organizational 
                unit, geographic location, occupational 
                category and grade level;
                  (B) the number and amounts of voluntary 
                separation incentive payments to be offered;
                  (C) a description of how the agency will 
                operate without the eliminated positions and 
                functions; and
                  (D) the time period during which incentives 
                may be paid.
          (3) Approval.--The Director of the Office of 
        Management and Budget shall review the agency's plan 
        and approve or disapprove the plan and may make 
        appropriate modifications in the plan with respect to 
        the coverage of incentives as described under paragraph 
        (2)(A), and with respect to the matters described in 
        paragraphs (2)(B) through (D).
    (c) Authority to Provide Voluntary Separation Incentive 
Payments.--
          (1) In general.--A voluntary separation incentive 
        payment under this section may be paid by the agency to 
        employees of such agency and only to the extent 
        necessary to eliminate the positions and functions 
        identified by the strategic plan.
          (2) Amount and treatment of payments.--A voluntary 
        separation incentive payment under this section--
                  (A) shall be paid in a lump sum after the 
                employee's separation;
                  (B) shall be paid from appropriations or 
                funds available for the payment of the basic 
                pay of the employees;
                  (C) shall be equal to the lesser of--
                          (i) an amount equal to the amount the 
                        employee would be entitled to receive 
                        under section 5595(c) of title 5, 
                        United States Code, if the employee 
                        were entitled to payment under such 
                        section; or
                          (ii) an amount determined by the 
                        agency head not to exceed $25,000;
                  (D) may not be made except in the case of any 
                employee who voluntarily separates (whether by 
                retirement or resignation) on or before January 
                1, 2003; \2\
---------------------------------------------------------------------------
    \2\ Sec. 584 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on 
October 24, 2000, enacted by reference in sec. 101(a) of Public Law 
106-429; 114 Stat. 1900), struck out ``December 31, 2000'' and inserted 
in lieu thereof ``December 31, 2001''. 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''.
---------------------------------------------------------------------------
                  (E) shall not be a basis for payment, and 
                shall not be included in the computation, of 
                any other type of Government benefit; and
                  (F) shall not be taken into account in 
                determining the amount of any severance pay to 
                which the employee may be entitled under 
                section 5595 of title 5, United States Code, 
                based on any other separation.
    (d) Additional Agency Contributions to the Retirement 
Fund.--
          (1) In general.--In addition to any other payments 
        which it is required to make under subchapter III of 
        chapter 83 or chapter 84 of title 5, United States 
        Code, the agency shall remit to the Office of Personnel 
        Management for deposit in the Treasury of the United 
        States to the credit of the Civil Service Retirement 
        and Disability Fund an amount equal to 15 percent of 
        the final basic pay of each employee of the agency who 
        is covered under subchapter III of chapter 83 or 
        chapter 84 of title 5, United States Code, to whom a 
        voluntary separation incentive has been paid under this 
        section.
          (2) Definition.--For the purpose of paragraph (1), 
        the term ``final basic pay'', with respect to an 
        employee, means the total amount of basic pay which 
        would be payable for a year of service by such 
        employee, computed using the employee's final rate of 
        basic pay, and, if last serving on other than a full-
        time basis, with appropriate adjustment therefor.
    (e) Effect of Subsequent Employment with the Government.--
          (1) An individual who has received a voluntary 
        separation incentive payment under this section and 
        accepts any employment for compensation with the 
        Government of the United States, or who works for any 
        agency of the Government of the United States through a 
        personal services contract, within 5 years after the 
        date of the separation on which the payment is based 
        shall be required to pay, prior to the individual's 
        first day of employment, the entire amount of the 
        incentive payment to the agency that paid the incentive 
        payment.
          (2) If the employment under paragraph (1) is with an 
        Executive agency (as defined by section 105 of title 5, 
        United States Code), the United States Postal Service, 
        or the Postal Rate Commission, the Director of the 
        Office of Personnel Management may, at the request of 
        the head of the agency, waive the repayment if the 
        individual involved possesses unique abilities and is 
        the only qualified applicant available for the 
        position.
          (3) If the employment under paragraph (1) is with an 
        entity in the legislative branch, the head of the 
        entity or the appointing official may waive the 
        repayment if the individual involved possesses unique 
        abilities and is the only qualified applicant available 
        for the position.
          (4) If the employment under paragraph (1) is with the 
        judicial branch, the Director of the Administrative 
        Office of the United States Courts may waive the 
        repayment if the individual involved possesses unique 
        abilities and is the only qualified applicant for the 
        position.
    (f) Reduction of Agency Employment Levels.--
          (1) In general.--The total number of funded employee 
        positions in the agency shall be reduced by one 
        position for each vacancy created by the separation of 
        any employee who has received, or is due to receive, a 
        voluntary separation incentive payment under this 
        section. For the purposes of this subsection, positions 
        shall be counted on a full-time-equivalent basis.
          (2) Enforcement.--The President, through the Office 
        of Management and Budget, shall monitor the agency and 
        take any action necessary to ensure that the 
        requirements of this subsection are met.
    (g) Regulations.--The Office of Personnel Management may 
prescribe such regulations as may be necessary to implement 
this section.
          * * * * * * *

               abolition of the inter-american foundation

    Sec. 586.\3\ (a) Definitions.--In this section:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 290f note.
---------------------------------------------------------------------------
          (1) Director.--The term ``Director'' means the 
        Director of the Office of Management and Budget.
          (2) Foundation.--The term ``Foundation'' means the 
        Inter-American Foundation.
          (3) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, 
        privilege, activity, or program.
    (b) Abolition of Inter-American Foundation.--During fiscal 
years 2000 and 2001,\4\ the President is authorized to abolish 
the Inter-American Foundation. The provisions of this section 
shall only be effective upon the effective date of the 
abolition of the Inter-American Foundation.
---------------------------------------------------------------------------
    \4\ Sec. 591(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on 
October 24, 2000, enacted by reference in sec. 101(a) of Public Law 
106-429; 114 Stat. 1900A-59), struck out ``year 2000'' and inserted in 
lieu thereof ``years 2000 and 2001''.
---------------------------------------------------------------------------
    (c) Termination of Functions.--
          (1) Except as provided in subsection (d)(2), there 
        are terminated upon the abolition of the Foundation all 
        functions vested in, or exercised by, the Foundation or 
        any official thereof, under any statute, reorganization 
        plan, Executive order, or other provisions of law, as 
        of the day before the effective date of this section.
          (2) Repeal.--Section 401 of the Foreign Assistance 
        Act of 1969 (22 U.S.C. 290f) \5\ is repealed upon the 
        effective date specified in subsection (j).
---------------------------------------------------------------------------
    \5\ Sec. 591(2) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2001 (H.R. 5526, as introduced on 
October 24, 2000, enacted by reference in sec. 101(a) of Public Law 
106-429; 114 Stat. 1900A-59), struck out ``6290f'' and inserted in lieu 
thereof ``290f''.
---------------------------------------------------------------------------
          (3) Final disposition of funds.--Upon the date of 
        transmittal to Congress of the certification described 
        in subsection (d)(4), all unexpended balances of 
        appropriations of the Foundation shall be deposited in 
        the miscellaneous receipts account of the Treasury of 
        the United States.
    (d) Responsibilities of the Director of the Office of 
Management and Budget.--
          (1) In general.--The Director of the Office of 
        Management and Budget shall be responsible for--
                  (A) the administration and wind-up of any 
                outstanding obligation of the Federal 
                Government under any contract or agreement 
                entered into by the Foundation before the date 
                of the enactment of the Foreign Operations, 
                Export Financing, and Related Programs 
                Appropriations Act, 2000, except that the 
                authority of this subparagraph does not include 
                the renewal or extension of any such contract 
                or agreement; and
                  (B) taking such other actions as may be 
                necessary to wind-up any outstanding affairs of 
                the Foundation.
          (2) Transfer of functions to the director.--There are 
        transferred to the Director such functions of the 
        Foundation under any statute, reorganization plan, 
        Executive order, or other provision of law, as of the 
        day before the date of the enactment of this section, 
        as may be necessary to carry out the responsibilities 
        of the Director under paragraph (1).
          (3) Authorities of the director.--For purposes of 
        performing the functions of the Director under 
        paragraph (1) and subject to the availability of 
        appropriations, the Director may--
                  (A) enter into contracts;
                  (B) employ experts and consultants in 
                accordance with section 3109 of title 5, United 
                States Code, at rates for individuals not to 
                exceed the per diem rate equivalent to the rate 
                for level IV of the Executive Schedule; and
                  (C) utilize, on a reimbursable basis, the 
                services, facilities, and personnel of other 
                Federal agencies.
          (4) Certification required.--Whenever the Director 
        determines that the responsibilities described in 
        paragraph (1) have been fully discharged, the Director 
        shall so certify to the appropriate congressional 
        committees.
    (e) Report to Congress.--The Director of the Office of 
Management and Budget shall submit to the appropriate 
congressional committees a detailed report in writing regarding 
all matters relating to the abolition and termination of the 
Foundation. The report shall be submitted not later than 90 
days after the termination of the Foundation.
    (f) Transfer and Allocation of Appropriations.--Except as 
otherwise provided in this section, the assets, liabilities 
(including contingent liabilities arising from suits continued 
with a substitution or addition of parties under subsection 
(g)(3)), contracts, property, records, and unexpended balance 
of appropriations, authorizations, allocations, and other funds 
employed, held, used, arising from, available to, or to be made 
available in connection with the functions, terminated by 
subsection (c)(1) or transferred by subsection (d)(2) shall be 
transferred to the Director for purposes of carrying out the 
responsibilities described in subsection (d)(1).
    (g) Savings Provisions.--
          (1) Continuing legal force and effect.--All orders, 
        determinations, rules, regulations, permits, 
        agreements, grants, contracts, certificates, licenses, 
        registrations, privileges, and other administrative 
        actions--
                  (A) that have been issued, made, granted, or 
                allowed to become effective by the Foundation 
                in the performance of functions that are 
                terminated or transferred under this section; 
                and
                  (B) that are in effect as of the date of the 
                abolition of the Foundation, or were final 
                before such date and are to become effective on 
                or after such date,
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked 
        in accordance with law by the President, the Director, 
        or other authorized official, a court of competent 
        jurisdiction, or by operation of law.
          (2) No effect on judicial or administrative 
        proceedings.--Except as otherwise provided in this 
        section--
                  (A) the provisions of this section shall not 
                affect suits commenced prior to the date of the 
                abolition of the Foundation; and
                  (B) in all such suits, proceedings shall be 
                had, appeals taken, and judgments rendered in 
                the same manner and effect as if this section 
                had not been enacted.
          (3) Nonabatement of proceedings.--No suit, action, or 
        other proceeding commenced by or against any officer in 
        the official capacity of such individual as an officer 
        of the Foundation shall abate by reason of the 
        enactment of this section. No cause of action by or 
        against the Foundation, or by or against any officer 
        thereof in the official capacity of such officer, shall 
        abate by reason of the enactment of this section.
          (4) Continuation of proceeding with substitution of 
        parties.--If, before the date of the abolition of the 
        Foundation, the Foundation, or officer thereof in the 
        official capacity of such officer, is a party to a 
        suit, then effective on such date such suit shall be 
        continued with the Director substituted or added as a 
        party.
          (5) Reviewability of orders and actions under 
        transferred functions.--Orders and actions of the 
        Director in the exercise of functions terminated or 
        transferred under this section shall be subject to 
        judicial review to the same extent and in the same 
        manner as if such orders and actions had been taken by 
        the Foundation immediately preceding their termination 
        or transfer. Any statutory requirements relating to 
        notice, hearings, action upon the record, or 
        administrative review that apply to any function 
        transferred by this section shall apply to the exercise 
        of such function by the Director.
    (h) Conforming Amendments.--
          (1) African development foundation.--Section 502 of 
        the International Security and Development Cooperation 
        Act of 1980 (22 U.S.C. 290h) is amended--
                  (A) by inserting ``and'' at the end of 
                paragraph (2);
                  (B) by striking the semicolon at the end of 
                paragraph (3) and inserting a period; and
                  (C) by striking paragraphs (4) and (5).
          (2) Social progress trust fund agreement.--Section 36 
        of the Foreign Assistance Act of 1973 is amended--
                  (A) in subsection (a)--
                          (i) by striking ``provide for'' and 
                        all that follows through ``(2) 
                        utilization'' and inserting ``provide 
                        for the utilization''; and
                          (ii) by striking ``member 
                        countries;'' and all that follows 
                        through ``paragraph (2)'' and inserting 
                        ``member countries.'';
                  (B) in subsection (b), by striking ``transfer 
                or'';
                  (C) by striking subsection (c);
                  (D) by redesignating subsection (d) as 
                subsection (c); and
                  (E) in subsection (c) (as so redesignated), 
                by striking ``transfer or''.
          (3) Foreign assistance act of 1961.--Section 222A(d) 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 
        2182a(d)) is repealed.
    (i) Definition.--In this section, the term ``appropriate 
congressional committees'' means the Committee on 
Appropriations and the Committee on Foreign Relations of the 
Senate and the Committee on Appropriations and the Committee on 
International Relations of the House of Representatives.
    (j) Effective Dates.--The repeal made by subsection (c)(2) 
and the amendments made by subsection (h) shall take effect 
upon the date of transmittal to Congress of the certification 
described in subsection (d)(4).
          * * * * * * *
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2000''.
                 m. Miscellaneous Appropriations, 2000

 Partial text of 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; 
 amended by Public Law 108-447 [Consolidated Appropriations Act, 2005; 
 H.R. 4818], 118 Stat. 2809, approved December 8, 2004; and by Public 
Law 109-102 [Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2006; H.R. 3057], 119 Stat. 2172, approved November 
                                14, 2005

 A BILL Making miscellaneous appropriations for the fiscal year ending 
              September 30, 1999, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2000, and for other purposes, namely:
          * * * * * * *

                   TITLE V--INTERNATIONAL DEBT RELIEF

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

    (a) Cancellation of Debt.--Subject to the availability of 
amounts provided in advance in appropriations Acts, the 
President shall cancel all amounts owed to the United States 
(or any agency of the United States) by any country eligible 
for debt reduction under this section, as a result of loans 
made or credits extended prior to June 20, 1999, under any of 
the provisions of law specified in subsection (b).
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2395a note.
---------------------------------------------------------------------------
    (b) Provisions of Law.--The provisions of law referred to 
in subsection (a) are the following:
          (1) Sections 221 and 222 of the Foreign Assistance 
        Act.
          (2) The Arms Export Control Act (22 U.S.C. 2751 et 
        seq.).
          (3) Section 5(f) of the Commodity Credit Corporation 
        Charter Act, section 201 of the Agricultural Trade Act 
        of 1978 (7 U.S.C. 5621), or section 202 of such Act (7 
        U.S.C. 5622), or predecessor provisions under the Food 
        for Peace Act of 1966.
          (4) Title I of the Agricultural Trade Development and 
        Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
          (5) \2\ The Act of March 11, 1941 (chapter 11; 55 
        Stat. 31; 22 U.S.C. 411 et seq.; commonly known as the 
        ``Lend-Lease Act'').
---------------------------------------------------------------------------
    \2\ Sec. 578 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2232), added para. (5).
---------------------------------------------------------------------------
    (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,\3\ which shall remain available until expended.
---------------------------------------------------------------------------
    \3\ Sec. 591(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (division D of Public Law 
108-447; 118 Stat. 2809) intended to strike out ``2003-2004'' and 
insert in lieu thereof ``2000-2006''. The amendment is not executable, 
as current language reads ``fiscal years 2000 through 2004''.
---------------------------------------------------------------------------
    (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: * * * \4\
---------------------------------------------------------------------------
    \4\ Sec. 502 added new secs. 1623 and 1624 to the International 
Financial Institutions Act. For text, see Legislation on Foreign 
Relations Through 2005, vol. III.
---------------------------------------------------------------------------

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

    (a) Contributions for Debt Reductions for the Poorest 
Countries.--The Bretton Woods Agreements Act (22 U.S.C. 286 et 
seq.) is amended by adding at the end the following: * * * \5\
---------------------------------------------------------------------------
    \5\ Sec. 503(a) added a new sec. 62 to the Bretton Woods Agreements 
Act. For text, see Legislation on Foreign Relations Through 2005, vol. 
III.
---------------------------------------------------------------------------
    (b) \6\ 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.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 286nn note.
---------------------------------------------------------------------------

SEC. 504.\7\ 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.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 262o-2 note.
---------------------------------------------------------------------------
    (b) Report to the Congress Showing Costs of United States 
Participation in the International Monetary Fund.--The 
Secretary of the Treasury shall prepare and transmit to the 
Committees on Banking and Financial Services, on 
Appropriations, and on International Relations of the House of 
Representatives and the Committees on Banking, Housing, and 
Urban Affairs, on Foreign Relations, and on Appropriations of 
the Senate a quarterly report, which shall be made readily 
available to the public, on the costs or benefits of United 
States participation in the International Monetary Fund and 
which shall detail the costs and benefits to the United States, 
as well as valuation gains or losses on the United States 
reserve position in the International Monetary Fund.
    (c) Continuation of Forgoing of Reimbursement of IMF for 
Expenses of Administering ESAF.--The Secretary of the Treasury 
shall instruct the United States Executive Director at the 
International Monetary Fund to use the voice, vote, and 
influence of the United States to urge vigorously the 
International Monetary Fund to continue to forgo reimbursements 
of the expenses incurred by the International Monetary Fund in 
administering the Enhanced Structural Adjustment Facility, 
until the Heavily Indebted Poor Countries Initiative (as 
defined in section 1623 of the International Financial 
Institutions Act) is terminated.
    (d) No Gold Sales by International Monetary Fund Without 
Prior Authorization by the Congress.--(1) The first sentence of 
section 5 of the Bretton Woods Agreements Act (22 U.S.C. 286c) 
is amended in clause (g) by striking ``approve either the 
disposition of more than 25 million ounces of Fund gold for the 
benefit of the Trust Fund established by the Fund on May 6, 
1976, or the establishment of any additional trust fund whereby 
resources of the International Monetary Fund would be used for 
the special benefit of a single member, or of a particular 
segment of the membership, of the Fund.'' and inserting 
``approve any disposition of Fund gold, unless the Secretary 
certifies to the Congress that such disposition is necessary 
for the Fund to restitute gold to its members, or for the Fund 
to provide liquidity that will enable the Fund to meet member 
country claims on the Fund or to meet threats to the systemic 
stability of the international financial system.''.
    (2) Not less than 30 days prior to the entrance by the 
United States into international negotiations for the purpose 
of reaching agreement on the disposition of Fund gold whereby 
resources of the Fund would be used for the special benefit of 
a single member, or of a particular segment of the membership 
of the Fund, the Secretary of the Treasury shall consult with 
the Committees on Banking and Financial Services, on 
Appropriations, and on International Relations of the House of 
Representatives and the Committees on Foreign Relations, on 
Appropriations, and on Banking, Housing and Urban Affairs of 
the Senate.
    (e) Annual Report by GAO on Consistency of IMF Practices 
With Statutory Policies.--The Comptroller General of the United 
States shall annually prepare and submit to the Congress of the 
United States a written report on the extent to which the 
practices of the International Monetary Fund are consistent 
with the policies of the United States, as expressly contained 
in Federal law applicable to the International Monetary Fund.
          * * * * * * *
     n. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1999

 Partial text of sec. 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.--
---------------------------------------------------------------------------
    \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:
---------------------------------------------------------------------------

  ``(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).
---------------------------------------------------------------------------

    ``(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.''.
---------------------------------------------------------------------------
          (1) Establishment.--There is established a national 
        commission on terrorism to review counter-terrorism 
        policies regarding the prevention and punishment of 
        international acts of terrorism directed at the United 
        States. The commission shall be known as ``The National 
        Commission on Terrorism''.
          (2) Composition.--The commission shall be composed of 
        10 members appointed as follows:
                  (A) Three members shall be appointed by the 
                Majority Leader of the Senate.
                  (B) Three members shall be appointed by the 
                Speaker of the House of Representatives.
                  (C) Two members shall be appointed by the 
                Minority Leader of the Senate.
                  (D) Two members shall be appointed by the 
                Minority Leader of the House of 
                Representatives.
                  (E) The appointments of the members of the 
                commission should be made no later than 3 
                months after the date of the enactment of this 
                Act.
          (3) Qualifications.--The members should have a 
        knowledge and expertise in matters to be studied by the 
        commission.
          (4) Chair.--The Speaker of the House of 
        Representatives, after consultation with the majority 
        leader of the Senate and the minority leaders of the 
        House of Representatives and the Senate, shall 
        designate one of the members of the Commission to serve 
        as chair of the Commission.
          (5) Period of appointment: vacancies.--Members shall 
        be appointed for the life of the Commission. Any 
        vacancy in the Commission shall be filled in the same 
        manner as the original appointment.
          (6) Security clearances.--All Members of the 
        Commission should hold appropriate security clearances.
    (b) Duties.--
          (1) In general.--The commission shall consider issues 
        relating to international terrorism directed at the 
        United States as follows:
                  (A) Review the laws, regulations, policies, 
                directives, and practices relating to 
                counterterrorism in the prevention and 
                punishment of international terrorism directed 
                towards the United States.
                  (B) Assess the extent to which laws, 
                regulations, policies, directives, and 
                practices relating to counterterrorism have 
                been effective in preventing or punishing 
                international terrorism directed towards the 
                United States. At a minimum, the assessment 
                should include a review of the following:
                          (i) Evidence that terrorist 
                        organizations have established an 
                        infrastructure in the western 
                        hemisphere for the support and conduct 
                        of terrorist activities.
                          (ii) Executive branch efforts to 
                        coordinate counterterrorism activities 
                        among Federal, State, and local 
                        agencies and with other nations to 
                        determine the effectiveness of such 
                        coordination efforts.
                          (iii) Executive branch efforts to 
                        prevent the use of nuclear, biological, 
                        and chemical weapons by terrorists.
                  (C) Recommend changes to counterterrorism 
                policy in preventing and punishing 
                international terrorism directed toward the 
                United States.
          (2) Report.--Not later than 6 months after the date 
        on which the Commission first meets, the Commission 
        shall submit to the President and the Congress a final 
        report of the findings and conclusions of the 
        commission, together with any recommendations.
    (c) Administrative Matters.--
          (1) Meetings.--
                  (A) The commission shall hold its first 
                meeting on a date designated by the Speaker of 
                the House which is not later than 30 days after 
                the date on which all members have been 
                appointed.
                  (B) After the first meeting, the commission 
                shall meet upon the call of the chair.
                  (C) A majority of the members of the 
                commission shall constitute a quorum, but a 
                lesser number may hold meetings.
          (2) Authority of individuals to act for commission.--
        Any member or agent of the commission may, if 
        authorized by the commission, take any action which the 
        commission is authorized to take under this section.
          (3) Powers.--
                  (A) The commission may hold such hearings, 
                sit and act at such times and places, take such 
                testimony, and receive such evidence as the 
                commission considers advisable to carry out its 
                duties.
                  (B) The commission may secure directly from 
                any agency of the Federal Government such 
                information as the commission considers 
                necessary to carry out its duties. Upon the 
                request of the chair of the commission, the 
                head of a department or agency shall furnish 
                the requested information expeditiously to the 
                commission.
                  (C) The commission may use the United States 
                mails in the same manner and under the same 
                conditions as other departments and agencies of 
                the Federal Government.
          (4) Pay and expenses of commission members.--
                  (A) Subject to appropriations, each member of 
                the commission who is not an employee of the 
                government shall be paid at a rate not to 
                exceed the daily equivalent of the annual rate 
                of basic pay prescribed for level IV of the 
                Executive Schedule under section 5315 of title 
                5, United States Code, for each day (including 
                travel time) during which such member is 
                engaged in performing the duties of the 
                commission.
                  (B) Members and personnel for the commission 
                may travel on aircraft, vehicles, or other 
                conveyances of the Armed Forces of the United 
                States when travel is necessary in the 
                performance of a duty of the commission except 
                when the cost of commercial transportation is 
                less expensive.
                  (C) The members of the commission may be 
                allowed travel expenses, including per diem in 
                lieu of subsistence, at rates authorized for 
                employees of agencies under subchapter I of 
                chapter 57 of title 5, United States Code, 
                while away from their homes or regular places 
                of business in the performance of services for 
                the commission.
                  (D)(i) A member of the commission who is an 
                annuitant otherwise covered by section 8344 or 
                8468 of title 5, United States Code, by reason 
                of membership on the commission shall not be 
                subject to the provisions of such section with 
                respect to membership on the commission.
                  (ii) A member of the commission who is a 
                member or former member of a uniformed service 
                shall not be subject to the provisions of 
                subsections (b) and (c) of section 5532 of such 
                title with respect to membership on the 
                commission.
          (5) Staff and administrative support.--
                  (A) The chairman of the commission may, 
                without regard to civil service laws and 
                regulations, appoint and terminate an executive 
                director and up to three additional staff 
                members as necessary to enable the commission 
                to perform its duties. The chairman of the 
                commission may fix the compensation of the 
                executive director and other personnel without 
                regard to the provisions of chapter 51, and 
                subchapter III of chapter 53, of title 5, 
                United States Code, relating to classification 
                of positions and General Schedule pay rates, 
                except that the rate of pay may not exceed the 
                maximum rate of pay for GS-15 under the General 
                Schedule.
                  (B) Upon the request of the chairman of the 
                commission, the head of any department or 
                agency of the Federal Government may detail, 
                without reimbursement, any personnel of the 
                department or agency to the commission to 
                assist in carrying out its duties. The detail 
                of an employee shall be without interruption or 
                loss of civil service status or privilege.
    (d) Termination of Commission.--The commission shall 
terminate 30 days after the date on which the commission 
submits a final report.
    (e) Funding.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of this 
section.
          * * * * * * *

         TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM

          * * * * * * *

                          ADVISORY COMMISSION

    Sec. 603.\2\ (a) In General.--The Secretary of the Treasury 
shall establish an International Financial Institution Advisory 
Commission (in this section referred to as the ``Commission'').
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 262r note.
---------------------------------------------------------------------------
    (b) Membership.--
          (1) In general.--The Commission shall be composed of 
        11 members, as follows:
                  (A) 3 members appointed by the Speaker of the 
                House of Representatives.
                  (B) 3 members appointed by the Majority 
                Leader of the Senate.
                  (C) 5 members appointed jointly by the 
                Minority Leader of the House of Representatives 
                and the Minority Leader of the Senate.
          (2) Timing of appointments.--All appointments to the 
        Commission shall be made not later than 45 days after 
        the date of enactment of this Act.
          (3) Chairman.--The Majority Leader of the Senate, 
        after consultation with the Speaker of the House of 
        Representatives and the Minority Leaders of the House 
        of Representatives and the Senate, shall designate 1 of 
        the members of the Commission to serve as Chairman of 
        the Commission.
    (c) Qualifications.--
          (1) Expertise.--Members of the Commission shall be 
        appointed from among those with knowledge and expertise 
        in the workings of the international financial 
        institutions (as defined in section 1701(c)(2) of the 
        International Financial Institutions Act), the World 
        Trade Organization, and the Bank for International 
        Settlements.
          (2) Former affiliation.--At least 4 members of the 
        Commission shall be individuals who were officers or 
        employees of the Executive Branch before January 20, 
        1992, and not more than half of such 4 members shall 
        have served under Presidents from the same political 
        party.
    (d) Period of Appointment; Vacancies.--Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall be filled in the same manner as the original 
appointment was made.
    (e) Duties of the Commission.--The Commission shall advise 
and report to the Congress on the future role and 
responsibilities of the international financial institutions 
(as defined in section 1701(c)(2) of the International 
Financial Institutions Act), the World Trade Organization, and 
the Bank for International Settlements. In carrying out such 
duties, the Commission shall meet with and advise the Secretary 
of the Treasury or the Deputy Secretary of the Treasury, and 
shall examine--
          (1) the effect of globalization, increased trade, 
        capital flows, and other relevant factors on such 
        institutions;
          (2) the adequacy, efficacy, and desirability of 
        current policies and programs at such institutions as 
        well as their suitability for respective beneficiaries 
        of such institutions;
          (3) cooperation or duplication of functions and 
        responsibilities of such institutions; and
          (4) other matters the Commission deems necessary to 
        make recommendations pursuant to subsection (g).
    (f) Powers and Procedures of the Commission.--
          (1) Hearings.--The Commission or, at its direction, 
        any panel or member of the Commission may, for the 
        purpose of carrying out the provisions of this section, 
        hold hearings, sit and act at times and places, take 
        testimony, receive evidence, and administer oaths to 
        the extent that the Commission or any panel or member 
        considers advisable.
          (2) Information.--The Commission may secure directly 
        information that the Commission considers necessary to 
        enable the Commission to carry out its responsibilities 
        under this section.
          (3) Meetings.--The Commission shall meet at the call 
        of the Chairman.
    (g) Report.--On the termination of the Commission, the 
Commission shall submit to the Secretary of the Treasury and 
the appropriate committees a report that contains 
recommendations regarding the following matters:
          (1) Changes to policy goals set forth in the Bretton 
        Woods Agreements Act and the International Financial 
        Institutions Act.
          (2) Changes to the charters, organizational 
        structures, policies and programs of the international 
        financial institutions (as defined in section 
        1701(c)(2) of the International Financial Institutions 
        Act).
          (3) Additional monitoring tools, global standards, or 
        regulations for, among other things, global capital 
        flows, bankruptcy standards, accounting standards, 
        payment systems, and safety and soundness principles 
        for financial institutions.
          (4) Possible mergers or abolition of the 
        international financial institutions (as defined in 
        section 1701(c)(2) of the International Financial 
        Institutions Act), including changes to the manner in 
        which such institutions coordinate their policy and 
        program implementation and their roles and 
        responsibilities.
          (5) Any additional changes necessary to stabilize 
        currencies, promote continued trade liberalization and 
        to avoid future financial crises.
    (h) Termination.--The Commission shall terminate 6 months 
after the first meeting of the Commission, which shall be not 
later than 30 days after the appointment of all members of the 
Commission.
    (i) Reports by the Executive Branch.--
          (1) Within three months after receiving the report of 
        the Commission under subsection (g), the President of 
        the United States through the Secretary of the Treasury 
        shall report to the appropriate committees on the 
        desirability and feasibility of implementing the 
        recommendations contained in the report.
          (2) Annually, for three years after the termination 
        of the Commission, the President of the United States 
        through the Secretary of the Treasury shall submit to 
        the appropriate committees a report on the steps taken, 
        if any, through relevant international institutions and 
        international fora to implement such recommendations as 
        are deemed feasible and desirable under paragraph (1).
          * * * * * * *

PROGRESS REPORTS TO CONGRESS ON UNITED STATES INITIATIVES TO UPDATE THE 
           ARCHITECTURE OF THE INTERNATIONAL MONETARY SYSTEM

    Sec. 606.\3\ Not later than July 15, 1999, and July 15, 
2000, the Secretary of the Treasury shall report to the 
Chairmen and Ranking Members of the appropriate committees on 
the progress of efforts to reform the architecture of the 
international monetary system. The reports shall include a 
discussion of the substance of the United States position in 
consultations with other governments and the degree of progress 
in achieving international acceptance and implementation of 
such position with respect to the following issues:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 262r note.
---------------------------------------------------------------------------
          (1) Adapting the mission and capabilities of the 
        International Monetary Fund to take better account of 
        the increased importance of cross-border capital flows 
        in the world economy and improving the coordination of 
        its responsibilities and activities with those of the 
        International Bank for Reconstruction and Development.
          (2) Advancing measures to prevent, and improve the 
        management of, international financial crises, 
        including by--
                  (A) integrating aspects of national 
                bankruptcy principles into the management of 
                international financial crises where feasible; 
                and
                  (B) changing investor expectations about 
                official rescues, thereby reducing moral hazard 
                and systemic risk in international financial 
                markets,
        in order to help minimize the adjustment costs that the 
        resolution of financial crises may impose on the real 
        economy, in the form of disrupted patterns of trade, 
        employment, and progress in living standards, and 
        reduce the frequency and magnitude of claims on United 
        States taxpayer resources.
          (3) Improving international economic policy 
        cooperation, including among the Group of Seven 
        countries, to take better account of the importance of 
        cross-border capital flows in the determination of 
        exchange rate relationships.
          (4) Improving international cooperation in the 
        supervision and regulation of financial institutions 
        and markets.
          (5) Strengthening the financial sector in emerging 
        economies, including by improving the coordination of 
        financial sector liberalization with the establishment 
        of strong public and private institutions in the areas 
        of prudential supervision, accounting and disclosure 
        conventions, bankruptcy laws and administrative 
        procedures, and the collection and dissemination of 
        economic and financial statistics, including the 
        maturity structure of foreign indebtedness.
          (6) Advocating that implementation of European 
        Economic and Monetary Union and the advent of the 
        European Currency Unit, or euro, proceed in a manner 
        that is consistent with strong global economic growth 
        and stability in world financial markets.

                               DEFINITION

    Sec. 607.\4\ For purposes of sections 601 through 606 of 
this title, the term ``appropriate committees'' means the 
Committees on Appropriations, Foreign Relations, Finance,\5\ 
and Banking, Housing, and Urban Affairs of the Senate and the 
Committees on Appropriations and, Ways and Means,\5\ Banking 
and Financial Services of the House of Representatives.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 262r note.
    \5\ Sec. 404(a) of the Trade and Development Act of 2000 (Public 
Law 106-200; 114 Stat. 291) inserted ``Finance,'' after ``Foreign 
Relations,'' and ``, Ways and Means,'' before ``and Banking and 
Financial Services''.
---------------------------------------------------------------------------
          * * * * * * *
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1999''.
     o. 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 2005, 
vol. I-B.
---------------------------------------------------------------------------
          (1) the President first submits to the Congress a 
        certification described in subsection (b); and
          (2) the requirements of section 1511 of that Act are 
        met.
    (b) Certification.--A certification described in this 
subsection is a certification that--
          (1) there is substantial progress toward--
                  (A) the realization of a separate identity 
                for Kosova and the rights of the people of 
                Kosova to govern themselves; or
                  (B) the creation of an international 
                protectorate for Kosova;
          (2) there is substantial improvement in the human 
        rights situation in Kosova; and
          (3) international human rights observers are allowed 
        to return to Kosova; and
          (4) the elected government of Kosova is permitted to 
        meet and carry out its legitimate mandate as elected 
        representatives of the people of Kosova.
    (c) \3\ Waiver Authority.--The President may waive the 
application in whole or in part, of subsection (a) if the 
President certifies to the Congress that the President has 
determined that the waiver is necessary to meet emergency 
humanitarian needs or to achieve a negotiated settlement of the 
conflict in Bosnia and Herzegovina that is acceptable to the 
parties.
---------------------------------------------------------------------------
    \3\ On May 30, 1997, the President ``determined that the waiver of 
the application of the prohibition in section 1511(b) of Public Law 
103-160 and of the application of section 540(a) of the [Foreign 
Operations, Export Financing, and Related Programs Appropriations] Act 
is necessary to achieve a negotiated settlement of the conflict in 
Bosnia and Herzegovina that is acceptable to the parties, to the extent 
that such provisions apply to the furnishing of assistance to 
facilitate destruction of military equipment. Therefore I hereby waive 
the application of these provisions with respect to such assistance.'' 
(Presidential Determination No. 97-26; 62 F.R. 32015).
    See also sec. 1511 of Public Law 103-160, and notes, in Legislation 
on Foreign Relations Through 2005, 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:
---------------------------------------------------------------------------
    \4\ See related sanctions materials in Legislation on Foreign 
Relations Through 2005, vol. III.
---------------------------------------------------------------------------
          (1) Bilateral assistance.--There shall be no United 
        States assistance to the Government of Burma, other 
        than:
                  (A) humanitarian assistance,
                  (B) subject to the regular notification 
                procedures of the Committees on Appropriations, 
                counter-narcotics assistance under chapter 8 of 
                part I of the Foreign Assistance Act of 1961, 
                or crop substitution assistance, if the 
                Secretary of State certifies to the appropriate 
                congressional committees that--
                          (i) the Government of Burma is fully 
                        cooperating with United States counter-
                        narcotics efforts, and
                          (ii) the programs are fully 
                        consistent with United States human 
                        rights concerns in Burma and serve the 
                        United States national interest, and
                  (C) assistance promoting human rights and 
                democratic values.
          (2) Multilateral assistance.--The Secretary of the 
        Treasury shall instruct the United States executive 
        director of each international financial institution to 
        vote against any loan or other utilization of funds of 
        the respective bank to or for Burma.
          (3) Visas.--Except as required by treaty obligations 
        or to staff the Burmese mission to the United States, 
        the United States should not grant entry visas to any 
        Burmese government official.
    (b) \5\ Conditional Sanctions.--The President is hereby 
authorized to prohibit, and shall prohibit United States 
persons from new investment in Burma, if the President 
determines and certifies to Congress that, after the date of 
enactment of this Act, the Government of Burma has physically 
harmed, rearrested for political acts, or exiled Daw Aung San 
Suu Kyi or has committed large-scale repression of or violence 
against the Democratic opposition.
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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.
    On July 28, 2003, the President issued Executive Order 13310 to 
take additional steps with respect to Burma, particularly to impose an 
import ban as required by the Burmese Freedom and Democracy Act of 
2003, to prohibit exports of financial services, and to restrict 
transactions of property in which certain Burmese persons have an 
interest.
    For text of Executive Orders 13047 and 13310, see Legislation on 
Foreign Relations Through 2005, 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); a Notice of May 16, 2003 (68 
F.R. 27425); a Notice of May 17, 2004 (69 F.R. 29041); and a Notice of 
May 17, 2005 (70 F.R. 28771).
---------------------------------------------------------------------------
    (c) Multilateral Strategy.--The President shall seek to 
develop, in coordination with members of ASEAN and other 
countries having major trading and investment interests in 
Burma, a comprehensive, multilateral strategy to bring 
democracy to and improve human rights practices and the quality 
of life in Burma, including the development of a dialogue 
between the State Law and Order Restoration Council (SLORC) and 
democratic opposition groups within Burma.
    (d) \6\ Presidential Reports.--Every six months following 
the enactment of this Act, the President shall report to the 
Chairmen of the Committee on Foreign Relations, the Committee 
on International Relations and the House and Senate 
Appropriations Committees on the following:
---------------------------------------------------------------------------
    \6\ The President filed a report pursuant to this section with 
Presidential Determination No. 97-29 of June 13, 1997 (62 F.R. 34157); 
Presidential Determination No. 98-6 of December 2, 1997 (62 F.R. 
65005); Presidential Determination No. 98-30 of June 15, 1998 (63 F.R. 
34255); an unnumbered memorandum for the Secretary of State of October 
27, 1998 (63 F.R. 63123); a memorandum of October 27, 1999 (64 F.R. 
60647); a memorandum of April 19, 2000 (65 F.R. 24851); a memorandum of 
October 31, 2000 (65 F.R. 66599); 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). No reports are recorded 
in the 2004 or 2005 issues of the Federal Register. See also previous 
note, annual extension of national emergency.
---------------------------------------------------------------------------
          (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. Sec. 563 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2006 (Public Law 
109-102; 119 Stat. 2224), provided the following:
---------------------------------------------------------------------------

``funding for serbia
---------------------------------------------------------------------------

    ``Sec. 563. (a) Funds appropriated by this Act may be made 
available for assistance for the central Government of Serbia after May 
31, 2006, if the President has made the determination and certification 
contained in subsection (c).
    ``(b) After May 31, 2006, 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 Serbia and Montenegro 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 Government of Serbia and Montenegro 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 Serbia and 
Montenegro 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, including Ratko Mladic and Radovan Karadzic, unless the 
Secretary of State determines and reports to the Committees on 
Appropriations that these individuals are no longer residing in Serbia;

  ``(2) taking steps that are consistent with the Dayton Accords to end 
Serbian financial, political, security and other support which has served 
to maintain separate Republika Srpska institutions; and

  ``(3) taking steps to implement policies which reflect a respect for 
minority rights and the rule of law.
---------------------------------------------------------------------------

    ``(d) This section shall not apply to Montenegro, Kosovo, 
humanitarian assistance or assistance to promote democracy.''.
---------------------------------------------------------------------------
          (1) \8\ does not have in place a functioning system 
        for reporting to civilian authorities audits of 
        receipts and expenditures that fund activities of the 
        armed forces and security forces;
---------------------------------------------------------------------------
    \8\ Sec. 572(a) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2430), amended and restated subsec. (a)(1). It formerly read as 
follows:
    ``(1) does not have in place a functioning system for a civilian 
audit of all receipts and expenditures that fund activities of the 
armed forces and security forces;''.
---------------------------------------------------------------------------
          (2) \9\ has not provided to the institution 
        information about the audit process requested by the 
        institution.
---------------------------------------------------------------------------
    \9\ Sec. 572(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1998 (Public Law 105-118; 111 
Stat. 2430), amended and restated subsec. (a)(2). It formerly read as 
follows:
    ``(2) has not provided a summary of a current audit to the 
institution.''.
---------------------------------------------------------------------------
    (b) Definition.--For purposes of this section, the term 
``international financial institution'' shall include the 
institutions identified in section 532(b) of this Act.
          * * * * * * *

                       FEMALE GENITAL MUTILATION

    Sec. 579.\10\ (a) Limitation.--Beginning 1 year after the 
date of the enactment of this Act, the Secretary of the 
Treasury shall instruct the United States Executive Director of 
each international financial institution to use the voice and 
vote of the United States to oppose any loan or other 
utilization of the funds of their respective institution, other 
than to address basic human needs, for the government of any 
country which the Secretary of the Treasury determines--
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 262k-2.
---------------------------------------------------------------------------
          (1) has, as a cultural custom, a known history of the 
        practice of female genital mutilation; and
          (2) has not taken steps to implement educational 
        programs designed to prevent the practice of female 
        genital mutilation.
    (B) Definition.--For purposes of this section, the term 
``international financial institution'' shall include the 
institutions identified in section 532(b) of this Act.
          * * * * * * *

REFUGEE STATUS FOR ADULT CHILDREN OF FORMER VIETNAMESE REEDUCATION CAMP 
        INTERNEES RESETTLED UNDER THE ORDERLY DEPARTURE PROGRAM

    Sec. 584. (a) Eligibility for Orderly Departure Program.--
Notwithstanding any other provision of law, for purposes \11\ 
of eligibility for the Orderly Departure Program for nationals 
of Vietnam, during fiscal years 1998 and 1999,\12\ an alien 
described in subsection (b) shall be considered to be a refugee 
of special humanitarian concern to the United States within the 
meaning of section 207 of the Immigration and Nationality Act 
(8 U.S.C. 1157) and shall be admitted to the United States for 
resettlement if the alien would be admissible as an immigrant 
under the Immigration and Nationality Act (except as provided 
in section 207(c)(3) of that Act).
---------------------------------------------------------------------------
    \11\ Sec. 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--
---------------------------------------------------------------------------

  ``(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:
---------------------------------------------------------------------------
    \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.''.
---------------------------------------------------------------------------
          (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.
---------------------------------------------------------------------------
    (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 2005, 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.
                 p. Mexican Debt Disclosure Act of 1995

Title IV of Public Law 104-6 [Emergency Supplemental Appropriations and 
   Rescissions for the Department of Defense to Preserve and Enhance 
Military Readiness Act of 1995; H.R. 889], 109 Stat. 73, approved April 
                                10, 1995

          * * * * * * *

             TITLE IV--MEXICAN DEBT DISCLOSURE ACT OF 1995

SEC. 401.\1\ SHORT TITLE.

    This title may be cited as the ``Mexican Debt Disclosure 
Act of 1995''.
---------------------------------------------------------------------------
    \1\ 31 U.S.C. 5302 note.
---------------------------------------------------------------------------

SEC. 402. FINDINGS.

    The Congress finds that--
          (1) Mexico is an important neighbor and trading 
        partner of the United States;
          (2) on January 31, 1995, the President approved a 
        program of assistance to Mexico, in the form of swap 
        facilities and securities guarantees in the amount of 
        $20,000,000,000, using the exchange stabilization fund;
          (3) the program of assistance involves the 
        participation of the Board of Governors of the Federal 
        Reserve System, the International Monetary Fund, the 
        Bank for International Settlements, the International 
        Bank for Reconstruction and Development, the Inter-
        American Development Bank, the Bank of Canada, and 
        several Latin American countries;
          (4) the involvement of the exchange stabilization 
        fund and the Board of Governors of the Federal Reserve 
        System means that United States taxpayer funds will be 
        used in the assistance effort to Mexico;
          (5) assistance provided by the International Monetary 
        Fund, the International Bank for Reconstruction and 
        Development, and the Inter-American Development Bank 
        may require additional United States contributions of 
        taxpayer funds to those entities;
          (6) the immediate use of taxpayer funds and the 
        potential requirement for additional future United 
        States contributions of taxpayer funds necessitates 
        congressional oversight of the disbursement of funds; 
        and
          (7) the efficacy of the assistance to Mexico is 
        contingent on the pursuit of sound economic policy by 
        the Government of Mexico.

SEC. 403. PRESIDENTIAL REPORTS.

    (a) Reporting Requirement.--Not later than June 30, 1995, 
and every 6 months thereafter, the President shall transmit to 
the appropriate congressional committees a report concerning 
all guarantees issued to, and short-term and long-term currency 
swaps with, the Government of Mexico by the United States 
Government, including the Board of Governors of the Federal 
Reserve System.
     (b) Contents of Reports.--Each report described in 
subsection (a) shall contain a description of the following 
actions taken, or economic situations existing, during the 
preceding 6-month period or, in the case of the initial report, 
during the period beginning on the date of enactment of this 
Act:
          (1) Changes in wage, price, and credit controls in 
        the Mexican economy.
          (2) Changes in taxation policy of the Government of 
        Mexico.
          (3) Specific actions taken by the Government of 
        Mexico to further privatize the economy of Mexico.
          (4) Actions taken by the Government of Mexico in the 
        development of regulatory policy that significantly 
        affected the performance of the Mexican economy.
          (5) Consultations concerning the program approved by 
        the President, including advice on economic, monetary, 
        and fiscal policy, held between the Government of 
        Mexico and the Secretary of the Treasury (including any 
        designee of the Secretary) and the conclusions 
        resulting from any periodic reviews undertaken by the 
        International Monetary Fund pursuant to the Fund's loan 
        agreements with Mexico.
          (6) All outstanding loans, credits, and guarantees 
        provided to the Government of Mexico, by the United 
        States Government, including the Board of Governors of 
        the Federal Reserve System, set forth by category of 
        financing.
          (7) The progress the Government of Mexico has made in 
        stabilizing the peso and establishing an independent 
        central bank or currency board.
    (c) Summary of Treasury Department Reports.--In addition to 
the information required to be included under subsection (b), 
each report required under this section shall contain a summary 
of the information contained in all reports submitted under 
section 404 during the period covered by the report required 
under this section.

SEC. 404. REPORTS BY THE SECRETARY OF THE TREASURY.

    (a) Reporting Requirement.--Beginning on the last day of 
the first month which begins after the date of enactment of 
this Act, and on the last day of every month thereafter, the 
Secretary of the Treasury shall submit to the appropriate 
congressional committees a report concerning all guarantees 
issued to, and short-term and long-term currency swaps with, 
the Government of Mexico by the United States Government, 
including the Board of Governors of the Federal Reserve System.
    (b) Contents of Reports.--Each report described in 
subsection (a) shall include a description of the following 
actions taken, or economic situations existing, during the 
month in which the report is required to be submitted:
          (1) The current condition of the Mexican economy.
          (2) The reserve positions of the central bank of 
        Mexico and data relating to the functioning of Mexican 
        monetary policy.
          (3) The amount of any funds disbursed from the 
        exchange stabilization fund pursuant to the program of 
        assistance to the Government of Mexico approved by the 
        President on January 31, 1995.
          (4) The amount of any funds disbursed by the Board of 
        Governors of the Federal Reserve System pursuant to the 
        program of assistance referred to in paragraph (3).
          (5) Financial transactions, both inside and outside 
        of Mexico, made during the reporting period involving 
        funds disbursed to Mexico from the exchange 
        stabilization fund or proceeds of Mexican Government 
        securities guaranteed by the exchange stabilization 
        fund.
          (6) All outstanding guarantees issued to, and short-
        term and medium-term currency swaps with, the 
        Government of Mexico by the Secretary of the Treasury, 
        set forth by category of financing.
          (7) All outstanding currency swaps with the central 
        bank of Mexico by the Board of Governors of the Federal 
        Reserve System and the rationale for, and any expected 
        costs of, such transactions.
          (8) The amount of payments made by customers of 
        Mexican petroleum companies that have been deposited in 
        the account at the Federal Reserve Bank of New York 
        established to ensure repayment of any payment by the 
        United States Government, including the Board of 
        Governors of the Federal Reserve System, in connection 
        with any guarantee issued to, or any swap with, the 
        Government of Mexico.
          (9) Any setoff by the Federal Reserve Bank of New 
        York against funds in the account described in 
        paragraph (8).
          (10) To the extent such information is available, 
        once there has been a setoff by the Federal Reserve 
        Bank of New York, any interruption in deliveries of 
        petroleum products to existing customers whose payments 
        were setoff.
          (11) The interest rates and fees charged to 
        compensate the Secretary of the Treasury for the risk 
        of providing financing.

SEC. 405. TERMINATION OF REPORTING REQUIREMENTS.

    The requirements of sections 403 and 404 shall terminate on 
the date that the Government of Mexico has paid all obligations 
with respect to swap facilities and guarantees of securities 
made available under the program approved by the President on 
January 31, 1995.

SEC. 406. PRESIDENTIAL CERTIFICATION REGARDING SWAP OF CURRENCIES TO 
                    MEXICO THROUGH EXCHANGE STABILIZATION FUND OR 
                    FEDERAL RESERVE.

    (a) In General.--Notwithstanding any other provision of 
law, no loan, credit, guarantee, or arrangement for a swap of 
currencies to Mexico through the exchange stabilization fund or 
by the Board of Governors of the Federal Reserve System may be 
extended or (if already extended) further utilized, unless and 
until the President submits to the appropriate congressional 
committees a certification that--
          (1) there is no projected cost (as defined in the 
        Credit Reform Act of 1990) to the United States from 
        the proposed loan, credit, guarantee, or currency swap;
          (2) all loans, credits, guarantees, and currency 
        swaps are adequately backed to ensure that all United 
        States funds are repaid;
          (3) the Government of Mexico is making progress in 
        ensuring an independent central bank or an independent 
        currency control mechanism;
          (4) Mexico has in effect a significant economic 
        reform effort; and
          (5) the President has provided the documents 
        described in paragraphs (1) through (28) of House 
        Resolution 80, adopted March 1, 1995.\2\
---------------------------------------------------------------------------
    \2\ For text of H.Res. 80 as adopted by the House on March 1, 1995, 
see Congressional Record, p. H2444-5.
---------------------------------------------------------------------------
    (b) Treatment of Classified or Privileged Material.--For 
purposes of the certification required by subsection (a)(5), 
the President shall specify, in the case of any document that 
is classified or subject to applicable privileges, that, while 
such document may not have been produced to the House of 
Representatives, in lieu thereof it has been produced to 
specified Members of Congress or their designees by mutual 
agreement among the President, the Speaker of the House, and 
the chairmen and ranking members of the Committee on Banking 
and Financial Services, the Committee on International 
Relations, and the Permanent Select Committee on Intelligence 
of the House.

SEC. 407. DEFINITIONS.

    For purposes of this title, the following definitions shall 
apply:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committees on International Relations and Banking and 
        Financial Services of the House of Representatives, the 
        Committees on Foreign Relations and Banking, Housing, 
        and Urban Affairs of the Senate, and the Committees on 
        Appropriations of the House of Representatives and the 
        Senate.
          (2) Exchange stabilization fund.--The term ``exchange 
        stabilization fund'' means the stabilization fund 
        referred to in section 5302(a)(1) of title 31, United 
        States Code.
    This Act may be cited as the ``Emergency Supplemental 
Appropriations and Rescissions for the Department of Defense to 
Preserve and Enhance Military Readiness Act of 1995''.
     q. 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''.
     r. 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.
          * * * * * * *
    (g) Funds appropriated by this Act or any subsequent Act 
for the Development Assistance Fund and the Development Fund 
for Africa may be used for expenses (including related support 
costs) relating to the environment and energy sectors, of 
individuals detailed to or employed by the Agency for 
International Development, particularly those involved with the 
``Global Warning Initiative'' \4\ described in this subsection.
---------------------------------------------------------------------------
    \4\ As enrolled. Should read ``Global Warming Initiative''.
---------------------------------------------------------------------------
          * * * * * * *

           NOTIFICATION TO CONGRESS ON DEBT RELIEF AGREEMENTS

    Sec. 548.\5\ 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.
---------------------------------------------------------------------------
    \5\ 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.\6\ 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.
---------------------------------------------------------------------------
    \6\ 22 U.S.C. 2381 note.
---------------------------------------------------------------------------
          * * * * * * *
    This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1993''.
     s. 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 1155.
---------------------------------------------------------------------------
  (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 subpara. 
(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 2005, 
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''.
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    \10\ For this and other legislation relating to Iraq, see 
Legislation on Foreign Relations Through 2005, 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.
---------------------------------------------------------------------------
  (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 para. (2). Sec. 5(b) of that Act further provided that 
``the amendment made by subsection (a) shall be deemed to have become 
effective as of the date of enactment of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1991.''.
---------------------------------------------------------------------------
  (3) Except as provided in paragraph (5), during \14\ the 
period of an individual's hostage status and during the 12-
month period after the hostage status of that individual 
ceases, such individual and his family members shall, subject 
to the availability of funds under subsection (e), be entitled 
to health benefits covered by paragraph (1) if such benefits 
were not provided by any other insurance coverage.
---------------------------------------------------------------------------
    \14\ Sec. 302(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 707), struck 
out ``During'' in paras. (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.
---------------------------------------------------------------------------
    \15\ Sec. 302(a)(3) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), added 
para. (5), effective November 5, 1990.
---------------------------------------------------------------------------
  (c) Administration of Authorities.--(1) For purposes of this 
section, the Secretary of State shall certify to such officer 
of the United States as may require such information the names 
of the United States hostages in Iraq and Kuwait, and United 
States hostages captured in Lebanon, and their family members.
  (2) For purposes of the protection of the identity of any 
individual, the Secretary of State may submit any certification 
under this subsection in classified form.
  (3) The Secretary of State may require of any individual such 
verification of hostage status as he may deem necessary.
  (d) Definitions.--For purposes of this section--
          (1) the term ``hostage status'' means, with respect 
        to United States hostages in Iraq and Kuwait, the 
        status of being held in custody by governmental or 
        military authorities of a country or taking refuge 
        within that country in fear of being taken into such 
        custody (including residing in any diplomatic mission 
        or consular post in that country); and, with respect to 
        United States hostages captured in Lebanon, the status 
        of a person described in paragraph (4)(B);
          (2) the term ``family members'' means spouses, 
        dependents, and any individuals who are members of the 
        households of United States hostages in Iraq and Kuwait 
        or United States hostages captured in Lebanon;
          (3) the term ``United States economic sanctions 
        against Iraq'' means the exercise of authorities under 
        the International Emergency Economic Powers Act by the 
        President with respect to financial transactions with 
        Iraq;
          (4)(A) the term ``United States hostages in Iraq and 
        Kuwait'' means United States nationals, or family 
        members of United States nationals, who are in a 
        hostage status in Iraq or Kuwait during the period 
        beginning on August 2, 1990, and terminating on the 
        date on which United States economic sanctions against 
        Iraq are lifted; and
          (B) \16\ the term ``United States hostages captured 
        in Lebanon'' means United States nationals, including 
        lawful permanent residents of the United States, who 
        have been forcibly detained, held hostage, or interned 
        for any period of time after June 1, 1982, by any 
        government (including the agents thereof) or group in 
        Lebanon for the purpose of coercing the United States 
        Government or any other government.
---------------------------------------------------------------------------
    \16\ Sec. 302(a)(4) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), amended 
and restated subpara. (B), effective November 5, 1990. It formerly read 
as follows:
    ``(B) the term `United States hostages captured in Lebanon' means 
United States nationals who have been forcibly detained, held hostage, 
or interned by an enemy government or its agents, or a hostile force, 
in Lebanon since January 1, 1990.''.
---------------------------------------------------------------------------
          (5) the term ``United States national'' means any 
        individual who is a citizen of the United States or 
        who, though not a citizen of the United States, owes 
        permanent allegiance to the United States.
  (e) Allocation of Funds.--(1) Of the funds appropriated by 
this Act under the heading ``Economic Support Fund'', up to 
$10,000,000 shall be available to carry out this section.
  (2) \17\ Notwithstanding any other provision of law, funds 
allocated under paragraph (1) are authorized to remain 
available until expended.
---------------------------------------------------------------------------
    \17\ Sec. 302(a)(5) of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 708), amended 
and restated para. (2), effective November 5, 1990. It formerly read as 
follows:
    ``(2) The authority to obligate funds under the authority provided 
by this section shall expire six months after the date of enactment of 
this Act.''.
---------------------------------------------------------------------------
          * * * * * * *
  This Act may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1991''.
     t. 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; 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; Public Law 108-7 [Department of Health and Human 
 Services Appropriations Act, 2003; H.J. Res. 2], 117 Stat. 11 at 307, 
 approved February 20, 2003; Public Law 108-199 [Department of Health 
and Human Services Appropriations Act, 2004; H.R. 2673], 118 Stat. 3 at 
   237, approved January 23, 2004; Public Law 108-447 [Consolidated 
Appropriations Act, 2005; H.R. 4818], 118 Stat. 2809, approved December 
    8, 2004; and by Public Law 109-102 [Foreign Operations, Export 
 Financing, and Related Programs Appropriations Act, 2006; H.R. 3057], 
               119 Stat. 2172, approved November 14, 2005

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1990, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1990, and for other purposes, namely:
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                      UNITED NATIONS VOTING RECORD

    Sec. 527.\1\ (a) In General.--Not later than March 31 of 
each year, the Secretary of State shall transmit to the Speaker 
of the House of Representatives and the President of the Senate 
a full and complete annual report which assesses for the prior 
calendar year, with respect to each foreign country member of 
the United Nations, the voting practices of the governments of 
such countries at the United Nations, and evaluates General 
Assembly and Security Council actions and the responsiveness of 
those governments to United States policy on issues of special 
importance to the United States.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2414a note. See also sec. 406 of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 
101-246), requiring an annual report to Congress on voting practices at 
the United Nations, in Legislation on Foreign Relations Through 2004, 
vol. II.
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    (b) Information on Voting Practices in the United 
Nations.--Such report shall include, with respect to voting 
practices and plenary actions in the United Nations during the 
preceding year, information to be compiled and supplied by the 
Permanent Representative of the United States to the United 
Nations, consisting of--
          (1) an analysis and discussion, prepared in 
        consultation with the Secretary of State, of the extent 
        to which member countries supported United States 
        policy objectives at the United Nations;
          (2) an analysis and discussion, prepared in 
        consultation with the Secretary of State, of actions 
        taken by the United Nations by consensus;
          (3) with respect to plenary votes of the United 
        Nations General Assembly--
                  (A) a listing of all such votes on issues 
                which directly affected important United States 
                interests and on which the United States 
                lobbied extensively and a brief description of 
                the issues involved in each such vote;
                  (B) a listing of the votes described in 
                subparagraph (A) which provides a comparison of 
                the vote cast by each member country with the 
                vote cast by the United States;
                  (C) a country-by-country listing of votes 
                described in subparagraph (A); and
                  (D) a listing of votes described in 
                subparagraph (A) displayed in terms of United 
                Nations regional caucus groups;
          (4) a listing of all plenary votes cast by member 
        countries of the United Nations in the General Assembly 
        which provides a comparison of the vote cast by each 
        member country with the vote cast by the United States;
          (5) an analysis and discussion, prepared in 
        consultation with the Secretary of State, of the extent 
        to which other members supported United States policy 
        objectives in the Security Council and a separate 
        listing of all Security Council votes of each member 
        country in comparison with the United States; and
          (6) a side-by-side comparison of agreement on 
        important and overall votes for each member country and 
        the United States.
    (c) Format.--Information required pursuant to subsection 
(b)(3) shall also be submitted, together with an explanation of 
the statistical methodology, in a format identical to that 
contained in chapter II of the March 14, 1988, Report to 
Congress on Voting Practices in the United Nations.
    (d) Statement by the Secretary of State.--Each report under 
subsection (a) shall contain a statement by the Secretary of 
State discussing the measures which have been taken to inform 
United States diplomatic missions of United Nations General 
Assembly and Security Council activities.
    (e) Technical and Conforming Amendments.--* * *
          * * * * * * *

                       GLOBAL WARMING INITIATIVE

    Sec. 534. (a) Tropical Forestry Assistance.--(1) In order 
to achieve the maximum impact from activities relating to 
tropical forestry, the Agency for International Development 
shall focus tropical forestry assistance programs on the key 
middle- and low-income developing countries (hereinafter ``key 
countries'') which are projected to contribute large amounts of 
greenhouse gases related to global warming as a result of 
industrialization and the burning of fossil fuels, and 
destruction of tropical forests.
    (2) Funds appropriated to carry out the provisions of 
sections 103 and 106 of the Foreign Assistance Act of 1961, as 
amended, may be used by the Agency for International 
Development, notwithstanding any other provision of law, for 
the purpose of supporting tropical forestry programs aimed at 
reducing emissions of greenhouse gases with regard to the key 
countries in which deforestation makes a significant 
contribution to global warming, except that such assistance 
shall be subject to sections 116, 502B, and 620A of the Foreign 
Assistance Act of 1961.
    (3) In providing assistance relating to tropical forests, 
the Administrator of that Agency shall, to the extent feasible 
and appropriate, assist countries in developing a systematic 
analysis of the appropriate use of their total tropical forest 
resources, with the goal of developing a national program for 
sustainable forestry.
    (b) Energy Assistance.--(1) In order to achieve the maximum 
impact from activities relating to energy, the Agency for 
International Development shall focus energy assistance 
activities on the key countries, where assistance would have 
the greatest impact on reducing emissions from greenhouse 
gases. Such assistance shall be focused on improved energy 
efficiency, increased use of renewable energy resources and 
national energy plans (such as least-cost energy plans) which 
include investment in end-use efficiency and renewable energy 
resources.
    (2) Funds appropriated to carry out the provisions of 
sections 103 and 106 of the Foreign Assistance Act of 1961, as 
amended, may be used by the Agency for International 
Development, notwithstanding any other provision of law, for 
the purpose of supporting energy programs aimed at reducing 
emissions of greenhouse gases related to global warming with 
regard to the key countries, except that such assistance shall 
be subject to sections 116, 502B, and 620A of the Foreign 
Assistance Act of 1961.
    (3) It is the sense of the Congress that the Agency for 
International Development should increase its efforts in the 
fields of energy efficiency, renewable energy, and energy 
planning. Such increase should take place with respect to key 
countries and countries with large Economic Support Fund 
project assistance. Such efforts should include--
          (A) an increase in the number of Agency for 
        International Development staff with energy expertise, 
        including staff with expertise in renewable energy 
        technologies and end-use efficiency;
          (B) assistance to develop analyses of energy-sector 
        actions that could minimize emissions of greenhouse 
        gases at least cost, while at the same time meeting 
        basic economic and social development needs. Such 
        assistance should include country-specific analyses 
        which compare the economic and environmental costs of 
        actions to promote energy efficiency and 
        nonconventional renewable energy with the economic and 
        environmental costs of investments to provide 
        additional conventional energy supplies;
          (C) assistance to develop energy-sector plans that 
        employ end-use analysis and other techniques to 
        identify the most cost-effective actions to minimize 
        increased reliance on fossil fuels, ensuring to the 
        maximum extent feasible that nongovernmental 
        organizations and academic institutions are involved in 
        this planning;
          (D) insuring that AID energy assistance--including 
        support for private-sector initiatives--is consistent 
        with the analyses and plans described in subparagraphs 
        (B) and (C) above, and that environmental impacts 
        (including that on global warming) and alternatives 
        have been fully analyzed;
          (E) assistance to improve efficiency in the 
        production, transmission, distribution, and use of 
        energy. Such assistance should focus on the development 
        of institutions to (i) promote energy efficiency in all 
        sectors of energy production and use, (ii) provide 
        training and technical assistance to help energy 
        producers and users identify cost-effective actions to 
        improve energy efficiency, (iii) finance specific 
        investments in energy efficiency in all sectors of 
        energy production and use, and (iv) improve local 
        capabilities in the research, development, and sale of 
        energy efficient technologies;
          (F) assistance in exploiting nonconventional 
        renewable energy resources, including wind, solar, 
        small-hydro, geothermal, and advanced biomass systems. 
        This assistance should also promote efficient use of 
        traditional biomass fuels through improved fuelwood 
        management and improved methods of charcoal production;
          (G) expanding efforts to meet the energy needs of the 
        rural poor through the methods described in 
        subparagraphs (E) and (F). Specifically these efforts 
        should promote improved efficiency in the use of 
        biomass fuels for household energy, improved systems of 
        fuelwood management, and the development of the 
        nonconventional renewable energy systems described in 
        subparagraph (F);
          (H) encouraging host countries to sponsor meetings 
        with officials from the United States utility sector 
        who are leaders in energy efficiency and other United 
        States experts to discuss the application of least-cost 
        planning techniques;
          (I) developing a cadre of United States experts from 
        industry, academia, nonprofit organizations, and 
        government agencies capable of providing technical 
        assistance to developing countries concerning energy 
        policy and planning, energy efficiency and renewable 
        energy resources;
          (J) in cooperation with the Department of Energy, the 
        Environmental Protection Agency, the World Bank, and 
        the Development Assistance Committee of the OECD, 
        supporting research concerning the ways developing 
        nations can meet their energy needs while minimizing 
        global warming and how to meet those needs; and
          (K) strengthening the Agency for International 
        Development's partnership with the Department of Energy 
        in order to ensure that the Agency's energy efforts 
        take full advantage of United States expertise and 
        technology.
    (c) Reports and Authorities.--(1) The Agency for 
International Development, in consultation with the 
Environmental Protection Agency (EPA), the Department of State, 
and other appropriate agencies, shall submit to Congress no 
later than April 15, 1990, a report which (1) examines the 
potential contributions of developing countries to future 
global emissions of greenhouse gases under different economic 
growth scenarios, (2) estimates the relative contributions of 
those countries to global greenhouse gas emissions, and (3) 
identifies specific key countries which stand to contribute 
significantly to global greenhouse gas emissions, and in which 
actions to promote energy efficiency, reliance on renewable 
energy resources, and conservation of forest resources could 
significantly reduce emissions of greenhouse gases. This report 
should utilize existing data, including the models and 
methodologies already developed by the EPA for their report to 
Congress on policy options for stabilizing global climate.
    (2) Of the funds appropriated to carry out the provisions 
of sections 103 and 106 of the Foreign Assistance Act of 1961, 
as amended, the Agency for International Development may use 
such amounts as may be necessary to reimburse United States 
Government agencies, agencies of State governments, and 
institutions of higher learning for the full costs of employees 
detailed or assigned to the Agency for International 
Development for the purpose of carrying out activities relating 
to forestry and energy programs aimed at reducing emissions of 
greenhouse gases related to global warming. Personnel who are 
detailed or assigned for the purposes of this section shall not 
be included within any personnel ceiling applicable to any 
United States Government agency during the period of detail or 
assignment.
    (d) \2\ Export-Import Bank.--(1) Of the financing provided 
by the Export-Import Bank that is utilized for the support of 
exports for the energy sector, the Bank shall seek to provide 
not less than 5 per centum of such financing for renewable 
energy projects.
---------------------------------------------------------------------------
    \2\ 12 U.S.C. 635g note.
---------------------------------------------------------------------------
    (2) The Export-Import Bank shall take all appropriate steps 
to finance information exchanges and training whose purpose it 
is to help link United States producers in the renewable energy 
sector with assistance programs and potential foreign 
customers.
    (3) Beginning on April 15, 1990, the Chairman of the 
Export-Import Bank shall submit an annual report to the 
Committees on Appropriations on the Bank's implementation of 
this subsection.
          * * * * * * *

                       NARCOTICS CONTROL PROGRAM

    Sec. 569. * * *
    (d)(1) \3\ If any funds made available for any fiscal year 
for security assistance are not used for assistance for the 
country for which those funds were allocated because of any 
provision of law requiring the withholding of assistance for 
countries that have not taken adequate steps to halt illicit 
drug production of trafficking, the President shall use those 
funds for additional assistance for those countries which have 
met their illicit drug eradication targets or have otherwise 
taken significant steps to halt illicit drug production or 
trafficking, as follows:
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2291 note.
---------------------------------------------------------------------------
          (A) Those funds may be transferred to and 
        consolidated with the funds made available to carry out 
        section 481 of the Foreign Assistance Act of 1961 in 
        order to provide additional narcotics control 
        assistance for those countries. Funds transferred under 
        this paragraph may only be used to provide increased 
        funds for activities previously justified to the 
        Congress. Transfers may be made under this paragraph 
        without regard to the 20-percent increase limitation 
        contained in section 610 of the Foreign Assistance Act.
          (B) Any such funds not used under subparagraph (A) 
        shall be reprogrammed within the account for which they 
        were appropriated (subject to the regular reprogramming 
        procedures of the Committees on Appropriations) in 
        order to provide additional security assistance for 
        those countries.
    (2) As used in this section, the term ``security 
assistance'' means economic support fund assistance, foreign 
military financing, and international military education and 
training.
          * * * * * * *

      modernization of military capabilities of certain countries

    Sec. 573.\4\ (a) Authority To Transfer Excess Defense 
Articles.--
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2321j note.
---------------------------------------------------------------------------
          (1) NATO southern flank countries.--The President may 
        transfer--
                  (A) to any NATO southern flank country which 
                is eligible for United States security 
                assistance and which is integrated into NATO's 
                military structure; and
                  (B) to any major non-NATO ally on the 
                southern and southeastern flank of NATO which 
                is eligible for United States security 
                assistance, such excess defense articles as may 
                be necessary to help modernize the defense 
                capabilities of such country.
          (2) Major illicit drug producing countries.--Subject 
        to subsection (f), the President may transfer to any 
        country--
                  (A) which is a major illicit drug producing 
                country,
                  (B) which has a democratic government, and
                  (C) whose armed forces do not engage in a 
                consistent pattern of gross violations of 
                internationally recognized human rights, such 
                excess defense articles as may be necessary to 
                carry out subsection (f)(1).
          (3) Terms of transfers.--Excess defense articles may 
        be transferred under this section without cost to the 
        recipient country.
    (b) Limitations on Transfers.--The President may transfer 
excess defense articles under this section only if--
          (1) they are drawn from existing stocks of the 
        Department of Defense;
          (2) funds available to the Department of Defense for 
        the procurement of defense equipment are not expended 
        in connection with the transfer; and
          (3) the President determines that the transfer of the 
        excess defense articles will not have an adverse impact 
        on the military readiness of the United States.
    (c) Notification to Congress.--
          (1) Advance notice.--The President may not transfer 
        excess defense articles under this section until thirty 
        days after the President has provided notice of the 
        proposed transfer to the committees specified in 
        paragraph (2). This notification shall include--
                  (A) a certification of the need for the 
                transfer;
                  (B) an assessment of the impact of the 
                transfer on the military readiness of the 
                United States; and
                  (C) the value of the excess defense articles 
                to be transferred.
          (2) Committees to be notified.--Notice shall be 
        provided pursuant to paragraph (1) to the Committee on 
        Foreign Affairs, and the Committee on Appropriations of 
        the House of Representatives and the Committee on Armed 
        Services, the Committee on Foreign Relations, and the 
        Committee on Appropriations of the Senate.
    (d) Waiver of Requirement for Reimbursement of DOD 
Expenses.--Section 632(d) of the Foreign Assistance Act of 1961 
does not apply with respect to transfers of excess defense 
articles under this section.
    (e) \5\ Maintenance of Military Balance in Eastern 
Mediterranean.--
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    \5\ Sec. 578(b) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 
Stat. 1685), provided that:
    ``(b) During fiscal year 1993, the provisions of section 573(e) of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990, (as amended by subsection (a) of this 
section) shall be applicable, for the period specified therein, to 
excess defense articles made available under sections 516 and 519 of 
the Foreign Assistance Act of 1961.''.
    See para. (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,\13\
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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 paras. 
(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.
    \13\ Sec. 213(1)(C) of the Department of Health and Human Services 
Appropriations Act, 2003 (title II of division E of Public Law 108-199; 
118 Stat. 253) struck out ``and'' at the end of subpara. (A), struck 
out a period at the end of subpara. (B) and inserted in lieu thereof 
``; and'', and added para. (C). Sec. 213(1)(C) of the Department of 
Health and Human Services Appropriations Act, 2005 (title II of 
division F of Public law 108-447; 118 Stat. 2809), made identical 
amendments.
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                  (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; and \13\
                  (C) \13\ one or more categories of aliens who 
                are nor were nationals and residents of the 
                Islamic Republic of Iran who, as members of a 
                religious minority in Iran, share common 
                characteristics that identify them as targets 
                of persecution in that state on account of 
                race, religion, nationality, membership in a 
                particular social group, or political opinion.
          (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 
        \14\ 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, 2002, 
        2003, 2004, 2005, and 2006 \15\ for refugees who are 
        nationals of the independent states of the former 
        Soviet Union, Estonia, Latvia, and Lithuania under such 
        section,\16\ 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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    \14\ 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''.
    \15\ Sec. 213(1)(A) of the Department of Health and Human Services 
Appropriations Act, 2005 (title II of division F of Public law 108-447; 
118 Stat. 2809), struck out ``1997, 1998, 1999, 2000, 2001, 2002, 2003, 
2004, and 2005'' and inserted in lieu thereof ``1997, 1998, 1999, 2000, 
2001, 2002, 2003, 2004, 2005, and 2006''.
    Sec. 534(m)(1)(A) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2211), sought to strike out ``and 2005'' and insert in lieu 
thereof ``2005, and 2006''. The amendment is not executable, however, 
because of the executable amendment enacted in Public Law 108-447.
    Previously, 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''. Sec. 213(1)(A) of the Department of Health and Human 
Services Appropriations Act, 2003 (title II of division G of Public Law 
108-7; 117 Stat. 324) struck out ``1997, 1998, 1999, 2000, and 2001'' 
and inserted in lieu thereof ``1997, 1998, 1999, 2000, 2001, 2002, and 
2003''. Sec. 213(1)(A) of the Department of Health and Human Services 
Appropriations Act, 2003 (title II of division E of Public Law 108-199; 
118 Stat. 253) struck out ``1997, 1998, 1999, 2000, 2001, and 2002'' 
and inserted in lieu thereof ``1997, 1998, 1999, 2000, 2001, 2002, 
2003, and 2004''.
    \16\ Sec. 582(a)(1)(A) of Public Law 102-391 (106 Stat. 1686) 
inserted ``and within the number of such admissions allocated for each 
of fiscal years 1993 and 1994 for refugees who are nationals of the 
independent states of the former Soviet Union, Estonia, Latvia, and 
Lithuania under such section'' after ``Act''.
    Sec. 905(a)(1) of the FREEDOM Support Act (Public Law 102-511; 106 
Stat. 3356) made the same amendment.
---------------------------------------------------------------------------
    (c) Written Reasons for Denials of Refugee Status.--Each 
decision to deny an application for refugee status of an alien 
who is within a category established under this section shall 
be in writing and shall state, to the maximum extent feasible, 
the reason for the denial.
    (d) Permitting Certain Aliens Within Categories to Reapply 
for Refugee Status.--Each alien who is within a category 
established under this section and who (after August 14, 1988, 
and before the date of the enactment of this Act) was denied 
refugee status shall be permitted to reapply for such status. 
Such an application shall be determined taking into account the 
application of this section.
    (e) Period of Application.--
          (1) Subsections (a) and (b) shall take effect on the 
        date of the enactment of this Act and shall only apply 
        to applications for refugee status submitted before 
        October 1, 2006.\17\
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    \17\ Sec. 534(m)(1)(B) of the Foreign Operations, Export Financing, 
and Related Programs appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2211), struck out ``2005'' and inserted in lieu thereof ``2006'' 
throughout subsec. (e).
    Previously, 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''. 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. Sec. 213(1)(B) of the Department of Health 
and Human Services Appropriations Act, 2003 (title II of division G of 
Public Law 108-7; 117 Stat. 324) extended the date to October 1, 2003. 
Sec. 213(1)(B) of the Department of Health and Human Services 
Appropriations Act, 2003 (title II of division E of Public Law 108-199; 
118 Stat. 253) extended the date to October 1, 2004. Sec. 213(1)(B) of 
the Department of Health and Human Services Appropriations Act, 2005 
(title II of division F of Public law 108-447; 118 Stat. 2809), 
extended the date to October 1, 2005.
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          (2) Subsection (c) shall apply to decisions made 
        after the date of the enactment of this Act and before 
        October 1, 2006.\17\
          (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, 2006.\17\

    ADJUSTMENT OF STATUS FOR CERTAIN SOVIET AND INDOCHINESE PAROLEES

    Sec. 599E.\18\ (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--
---------------------------------------------------------------------------
    \18\ 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,\19\ 
        Vietnam, Laos, or Cambodia, and
---------------------------------------------------------------------------
    \19\ 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, 2006,\20\ after being 
        denied refugee status.
---------------------------------------------------------------------------
    \20\ Sec. 534(m)(2) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 2006 (Public Law 109-102; 119 
Stat. 2211), struck out ``2005'' and inserted in lieu thereof ``2006''.
    Previously, 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''. 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. Sec. 213(2) of the Department of Health and Human 
Services Appropriations Act, 2003 (title II of division G of Public Law 
108-7; 117 Stat. 324), extended the date to September 30, 2003. Sec. 
213(2) of the Department of Health and Human Services Appropriations 
Act, 2004 (title II of division E of Public Law 108-199; 118 Stat. 
253), extended the date to September 30, 2004. Sec. 213(2) of the 
Department of Health and Human Services Appropriations Act, 2005 (title 
II of division F of Public law 108-447; 118 Stat. 2809), extended the 
date to September 30, 2005.
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    (c) Waiver of Certain Grounds for Inadmissibility.--The 
provisions of paragraphs (4), (5), and (7)(A) \21\ 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 \22\ (A), (B), (C), or 
(E) of paragraph (3)) \23\ with respect to such an adjustment 
for humanitarian purposes, to assure family unity, or when it 
is otherwise in the public interest.
---------------------------------------------------------------------------
    \21\ 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)''.
    \22\ 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''.
    \23\ 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''.
     u. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1989

    Partial text of Public Law 100-461 [H.R. 4637], 102 Stat. 2268, 
                        approved October 1, 1988

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1989, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated out of any money in the 
Treasury not otherwise appropriated, for foreign operations, 
export financing, and related programs for the fiscal year 
ending September 30, 1989, and for other purposes, namely:
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                  RELATIVELY LEAST DEVELOPED COUNTRIES

    Sec. 572.\1\ During fiscal years 1990 and 1991, the 
President may use the authority of paragraphs (A) and (B) of 
section 124(c)(1) of the Foreign Assistance Act of 1961 with 
respect to such aggregate amounts of principal and interest 
payable during each of these fiscal years as the President may 
determine, or at any time after September 30, 1989, the 
President may, if he determines it is in the national interest 
to do so, use the authority of those paragraphs with respect to 
such aggregate amounts of outstanding principal and interest 
payable at any time after that date as the President may 
determine. The authority provided in this section may be 
exercised with respect to any country described in the last 
sentence of this section and may be exercised notwithstanding 
section 124(c)(2) of that Act. In exercising the authority 
provided in this section, the President may waive the 
requirement that equivalent amounts of local currencies be 
deposited into local currency accounts in accordance with 
paragraph (A) of section 124(c)(1) of that Act, to the extent 
that the President determines that sufficient local currencies 
are otherwise available to achieve development objectives. This 
section applies with respect to any relatively least developed 
country, or any country in Sub-Saharan Africa (without regard 
to whether that country is a relatively least developed country 
within the meaning of section 124(a) of that Act), if--
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 2151 note.
---------------------------------------------------------------------------
          (1) an International Monetary Fund standby agreement 
        is in effect with respect to that country; or
          (2) a structural adjustment program of the 
        International Bank for Reconstruction and Development 
        or of the International Development Association is in 
        effect with respect to that country; or
          (3) a structural adjustment facility or enhanced 
        structural adjustment facility with the International 
        Monetary Fund is in effect with respect to that 
        country.
          * * * * * * *
     v. Foreign Operations, Export Financing, and Related Programs 
                        Appropriations Act, 1988

   Partial text of Public Law 100-202 [Sec. 101(e) of the Continuing 
 Appropriations for 1988, H.J. Res. 395], 101 Stat. 1329-131, approved 
     December 22, 1987, as amended by Public Law 100-461 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989; H.R. 4637], 102 Stat. 2268, approved October 1, 1988; Public Law 
 100-690 [International Narcotics Control Act of 1988, H.R. 5210], 102 
  Stat. 4181, approved November 18, 1988; Public Law 101-167 [Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
 1990; H.R. 3743], 103 Stat. 1195, approved November 21, 1989; Public 
 Law 101-240 [International Development and Finance Act of 1989, H.R. 
 2494], 103 Stat. 2492, approved December 19, 1989; Public Law 101-513 
      [Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November 
  5, 1990; Public Law 101-649 [Immigration Act of 1990; S. 358], 104 
  Stat. 4978, approved November 29, 1990; H.R. 2621 as passed by the 
House on June 19, 1991 [sections of which were enacted by reference by 
  Public Law 102-145 [Further Continuing Appropriations, Fiscal Year 
1992; H.J. Res. 360]], as amended, 105 Stat. 968, approved October 28, 
 1991; and Public Law 102-232 [Miscellaneous and Technical Immigration 
  and Naturalization Amendments of 1991; H.R. 3049], 105 Stat. 1733, 
                       approved December 12, 1991

   JOINT RESOLUTION Making further continuing appropriations for the 
               fiscal year 1988, and for other purposes.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That--
          * * * * * * *

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 1988, and 
                          for other purposes.

          * * * * * * *

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President

          * * * * * * *

                   FOREIGN MILITARY SALES DEBT REFORM

  (a) Refinancing.--Notwithstanding any other provision of law, 
the President is authorized during fiscal years 1988 through 
1991 to transfer existing United States guaranties of 
outstanding Foreign Military Sales (FMS) credit debt, or to 
issue new guaranties, either of which would be applied to 
loans, bonds, notes or other obligations made or issued (as the 
case may be) by private United States financial institutions 
(the private lender) to finance the prepayment at par of the 
principal amounts maturing after September 30, 1989 of existing 
FMS loans bearing interest rates of eight \1\ percent or 
higher, and arrearages thereon. The loans, bonds, notes or 
other obligations are hereinafter referred to as the ``private 
loan'': Provided, That such guaranties which are transferred or 
are made pursuant to paragraph (a) shall cover no more and no 
less than ninety percent of the private loan or any portion or 
derivative thereof plus unpaid accrued interest and arrearages, 
if any, outstanding at the time of guaranty transfer or 
extension: Provided further, That the total amount of the 
guaranty of the private loan cannot exceed ninety percent of 
the outstanding principal, unpaid accrued interest and 
arrearages, if any, at any time: Provided further, That of the 
total amount of the private loan, the ninety percent guaranteed 
portion of the private loan cannot be separated from the 
private loan at any time: Provided further, That no sums in 
addition to the payment of the outstanding principal amounts 
maturing after September 30, 1989 of the loan (or advance), 
plus unpaid accrued interest thereon, and arrearages, if any, 
shall be charged by the private lender or the Federal Financing 
Bank as a result of such prepayment against the borrower, the 
guarantor, or the Guaranty Reserve Fund (GRF), except that the 
private lender may include, in the interest rate charged, a 
standard fee to cover costs, such fee which will be set at 
prevailing market rates, and no guaranty fee shall be charged 
on guarantees transferred or issued pursuant to this provision: 
Provided further, That the terms of guaranties transferred or 
issued under this paragraph shall be exactly the same as the 
existing loans or guarantees, except as modified by this 
paragraph and including but not limited to the final maturity 
and principal and interest payment structure of the existing 
loans which shall not be altered, except that the repayments of 
the private loan issued debt may be consolidated into two 
payments per year: Provided further, That the private loan or 
guarantees transferred or issued pursuant to this paragraph 
shall be fully and freely transferable, except that any 
guaranty transferred or extended shall cease to be effective if 
the private loan or any derivative thereof is to be used to 
provide significant support for any non- registered obligation: 
Provided further, That for purposes of sections 23 and 24 of 
the Arms Export Control Act (AECA), the term ``defense 
services'' shall be deemed to include the refinancing of FMS 
debt outstanding at the date of the enactment of this Act: 
Provided further, That not later than ninety days after the 
enactment of this Act, the Secretary of the Treasury 
(Secretary) shall issue regulations to carry out the purposes 
of this heading and that in issuing such regulations, the 
Secretary shall (1) facilitate the prepayment of loans and loan 
advances hereunder, (2) provide for full processing of each 
application within thirty days of its submission to the 
Secretary, and (3) except as provided in section 24(a) of the 
AECA, impose no restriction that increases the cost to 
borrowers of obtaining private financing for prepayment 
hereunder or that inhibits the ability of the borrower to enter 
into prepayment arrangements hereunder: Provided further, That 
the Secretary of State shall transmit to the Committee on 
Foreign Affairs of the House of Representatives, the Committee 
on Foreign Relations of the Senate, and the Committees on 
Appropriations of the House of Representatives and Senate, a 
copy of the text of any agreement entered into pursuant to this 
section not more than thirty days after its entry into force, 
together with a description of the transaction.
---------------------------------------------------------------------------
    \1\ Title III of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1214) amended subsecs. (a) and (b) by striking all references to 
``ten'' and inserting in lieu thereof ``eight''.
---------------------------------------------------------------------------
  (b) \2\ * * * [Repealed--1992]
---------------------------------------------------------------------------
    \2\ The paragraph under ``Foreign Military Sales Debt Reform'' in 
H.R. 2621 as passed by the House on June 19, 1991, and enacted by 
reference in sec. 118 of the Further Continuing Appropriations (Public 
Law 102-145, as amended by Public Law 102-266) repealed subsec. (b), 
which had provided as follows:
    ``(b) Interest Rate Reduction.--Notwithstanding any other provision 
of law, there is hereby appropriated such sums as may be necessary, but 
not more than $270,000,000, to be made available after October 1, 1988 
to the Secretary of Defense for the Defense Security Assistance Agency 
for deposit into a new account, to remain available until expended: 
Provided, That the funds shall be used solely for the purpose of 
lowering the interest rate on Foreign Military Sales (FMS) credits 
which were financed through the Federal Financing Bank (FFB) for 
countries which do not refinance one or more FFB loans pursuant to 
paragraph (a) of this heading, and which loans have interest rates 
exceeding eight percent, down to an interest rate of eight percent for 
the remaining life of such loans: Provided further, That these funds 
shall be available only subject to a Presidential budget request: 
Provided further, That it is the intent of the Congress that these 
funds shall be available to all countries having FMS credits from the 
FFB that carry interest rates in excess of eight percent.''.
---------------------------------------------------------------------------
  (c) Arrearages.--(1) None of the funds provided pursuant to 
the Arms Export Control Act (relating to Foreign Military Sales 
credits) or pursuant to chapter 2 of part II of the Foreign 
Assistance Act (relating to the Military Assistance program) 
shall be made available to any country for which one or more 
loans is refinanced pursuant to paragraph (a) of this heading 
and which is in default for a period in excess of ninety days 
in payment of principal or interest on (A) any loan made to 
such country guaranteed by the United States pursuant to 
paragraph (a) of this heading, and (B) any other loan issued 
pursuant to the Arms Export Control Act outstanding on the date 
of enactment of this provision.
  (2) In conjunction with any interest rate reduction pursuant 
to the authority provided in paragraph (b) of this heading, the 
President shall require the country to commit in writing that 
within two years of the effective date of the interest rate 
reduction it will be no more than ninety days in arrears on the 
repayment of principal and interest on all loans for which the 
interest rate is thus reduced and will remain no more than 
ninety days in arrears for the remaining life of all such 
loans. None of the funds provided pursuant to the Arms Export 
Control Act or chapter 2 of part II of the Foreign Assistance 
Act shall be made available to any country during any period in 
which it fails to comply with such commitment.
  (d) Purposes and Reports.--The authorities of paragraphs (a) 
and (b) of this heading may be utilized by the President in 
efforts to negotiate base rights and base access agreements, 
and for other bilateral foreign policy matters: Provided 
further, That the Secretaries of Defense, State, and Treasury 
shall transmit to the Committee on Foreign Affairs of the House 
of Representatives, the Committee on Foreign Relations of the 
Senate, and the Committees on Appropriations of the House of 
Representatives and Senate a joint report detailing the United 
States financial and foreign policy purposes served by 
implementation of this authority on a country by country basis 
not later than March 1, 1989, and a second joint report not 
later than August 1, 1989.
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

          * * * * * * *

                         AMERASIAN IMMIGRATION

  Sec. 584. (a)(1) Notwithstanding any numerical limitations 
specified in the Immigration and Nationality Act, the Attorney 
General may admit aliens described in subsection (b) to the 
United States as immigrants if--
          (A) they are admissible (except as otherwise provided 
        in paragraph (2)) as immigrants, and
          (B) they are issued an immigrant visa and depart from 
        Vietnam on or after March 22, 1988, and ending on 
        September 30, 1990.\3\
---------------------------------------------------------------------------
    \3\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1211) struck out ``during the 2-year period beginning 90 days 
after the date of the enactment of this Act'' and restated this 
paragraph to read ``they are issued an immigrant visa and depart from 
Vietnam during the period beginning on March 22, 1988, and ending on 
September 30, 1990.''.
    Subsequently, title II of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 1996), struck out ``during the period beginning on March 22, 
1988'' following ``Vietnam'' and inserted in lieu thereof ``on or after 
March 22, 1988''.
---------------------------------------------------------------------------
  (2) The provisions of paragraphs (4), (5), and (7)(A) \4\ of 
section 212(a) of the Immigration and Nationality Act shall not 
be applicable to any alien seeking admission to the United 
States under this section, and the Attorney General on the 
recommendation of a consular officer may waive any other 
provision of such section (other than paragraph (2)(C) or 
subparagraph (A), (B), (C), or (E) \5\ of paragraph (3)) \5\ 
with respect to such an alien for humanitarian purposes, to 
assure family unity, or when it is otherwise in the public 
interest. Any such waiver by the Attorney General shall be in 
writing and shall be granted only on an individual basis 
following an investigation by a consular officer.
---------------------------------------------------------------------------
    \4\ Sec. 603(a)(20)(A) of Public Law 101-649 (104 Stat. 5084) 
struck out ``(14), (15), (20), (21), (25), and (32)'' and inserted in 
lieu thereof ``(4), (5), and (7)(A)''.
    \5\ Sec. 603(a)(20)(B) of Public Law 101-649 (104 Stat. 5084) 
struck out ``(other than paragraph (27), (29), or (33) and other than 
so much of paragraph (23) as relates to trafficking in narcotics)'' and 
inserted in lieu thereof ``(other than paragraph (2)(C) or subparagraph 
(A), (B), (C), or (D) of paragraph (3))''.
    Subsequently, sec. 307(l)(8) of Public Law 102-232 (105 Stat. 1757) 
struck out ``(D)'' and inserted in lieu thereof ``(E)'' in para. (2).
---------------------------------------------------------------------------
  (3) Notwithstanding section 221(c) of the Immigration and 
Nationality Act, immigrant visas issued to aliens under this 
section shall be valid for a period of one year.\6\
---------------------------------------------------------------------------
    \6\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1990 (Public Law 101-167; 103 
Stat. 1211) struck out ``8 months'' at this point and inserted in lieu 
thereof ``one year''.
---------------------------------------------------------------------------
  (b)(1) An alien described in this section is an alien who, as 
of the date of the enactment of this Act, is residing in 
Vietnam and who establishes to the satisfaction of a consular 
officer or an officer of the Immigration and Naturalization 
Service after a face-to-face interview, that the alien--
          (A)(i) was born in Vietnam after January 1, 1962, and 
        before January 1, 1976, and (ii) was fathered by a 
        citizen of the United States (such an alien in this 
        section referred to as a ``principal alien'');
          (B) is the spouse or child of a principal alien and 
        is accompanying, or following to join, the principal 
        alien; or
          (C) subject to paragraph (2), either (i) is the 
        principal alien's natural mother (or is the spouse or 
        child of such mother), or (ii) has acted in effect as 
        the principal alien's mother, father, or next-of-kin 
        (or is the spouse or child of such an alien), and is 
        accompanying, or following to join, the principal 
        alien.
  (2) An immigrant visa may not be issued to an alien under 
paragraph (1)(C) unless \7\ the officer referred to in 
paragraph (1) has determined, in the officer's discretion, that 
(A) such an alien has a bona fide relationship with the 
principal alien similar to that which exists between close 
family members and (B) the admission of such an alien is 
necessary for humanitarian purposes or to assure family unity. 
If an alien described in paragraph (1)(C)(ii) is admitted to 
the United States, the natural mother of the principal alien 
involved shall not, thereafter, be accorded any right, 
privilege, or status under the Immigration and Nationality Act 
by virtue of such parentage.
---------------------------------------------------------------------------
    \7\ Title II of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 1996), struck out ``the principal alien involved is unmarried 
and'' at this point.
---------------------------------------------------------------------------
  (3) For purposes of this section, the term ``child'' has the 
meaning given such term in section 101(b)(1) (A), (B), (C), 
(D), and (E) of the Immigration and Nationality Act.
  (c) Any alien admitted (or awaiting admission) to the United 
States under this section shall be eligible for benefits under 
chapter 2 of title IV of the Immigration and Nationality Act to 
the same extent as individuals admitted (or awaiting admission) 
to the United States under section 207 of such Act are eligible 
for benefits under such chapter.
  (d) The Attorney General, in cooperation with the Secretary 
of State, shall report to Congress 1 year, 2 years, and 3 
years, after the date of the enactment of this Act on the 
implementation of this section. Each such report shall include 
the number of aliens who are issued immigrant visas and who are 
admitted to the United States under this section and number of 
waivers granted under subsection (a)(2) and the reasons for 
granting such waivers.
  (e) Except as otherwise specifically provided in this 
section, the definitions contained in the Immigration and 
Nationality Act shall apply in the administration of this 
section and nothing contained in this section shall be held to 
repeal, amend, alter, modify, effect, or restrict the powers, 
duties, functions, or authority of the Attorney General in the 
administration and enforcement of such Act or any other law 
relating to immigration, nationality, or naturalization. The 
fact that an alien may be eligible to be granted the status of 
having been lawfully admitted for permanent residence under 
this section shall not preclude the alien from seeking such 
status under any other provision of law for which the alien may 
be eligible.
          * * * * * * *
  w. 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) * * *
    None \1\ 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 2003, 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.''.
---------------------------------------------------------------------------
           x. 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\ Secs. 1108, 1501, and 1502 were originally enacted as sec. 1311 
of the Supplemental Appropriations Act, 1955 (Public Law 84-663; 68 
Stat. 800). Public Law 97-258 (96 Stat. 877) revised and codified 
certain general and permanent laws of the United States relating to 
money and finance, including sec. 1311 of Public Law 84-663.
---------------------------------------------------------------------------
    (b)(1) The head of each agency shall prepare and submit to 
the President each appropriation request for the agency. The 
request shall be prepared and submitted in the form prescribed 
by the President under this chapter and by the date established 
by the President. When the head of an agency does not submit a 
request by that date, the President shall prepare the request 
for the agency to be included in the budget or changes in the 
budget or as deficiency and supplemental appropriations. The 
President may change agency appropriation requests. Agency 
appropriation requests shall be developed from cost-based 
budgets in the way and at times prescribed by the President. 
The head of the agency shall use the cost-based budget to 
administer the agency and to divide appropriations or amounts.
    (2) An officer or employee of an agency in the executive 
branch may submit to the President or Congress a request for 
legislation authorizing deficiency or supplemental 
appropriations for the agency only with the approval of the 
head of the agency.
    (c) The head of an agency shall include with an 
appropriation request submitted to the President a report that 
the statement of obligations submitted with the requests 
contains obligations consistent with section 1501 of this 
title. The head of the agency shall support the report with a 
certification of the consistency and shall support the 
certification with records showing that the amounts have been 
obligated. The head of the agency shall designate officials to 
make the certifications, and those officials may not delegate 
the duty to make the certifications. The certifications and 
records shall be kept in the agency--
          (1) in a form that makes audits and reconciliations 
        easy; and
          (2) for a period necessary to carry out audits and 
        reconciliations.
    (d) To the extent practicable, the head of an agency 
shall--
          (1) provide information supporting the agency's 
        budget request for its missions by function and 
        subfunction (including the mission of each 
        organizational unit of the agency); and
          (2) relate the agency's programs to its missions.
    (e) Except as provided in subsection (f) of this section, 
an officer or employee of an agency (as defined in section 1101 
of this title) may submit to Congress or a committee of 
Congress an appropriations estimate or request, a request for 
an increase in that estimate or requests, or a recommendation 
on meeting the financial needs of the Government only when 
requested by either House of Congress.
    (f) The Interstate Commerce Commission shall submit to 
Congress copies of budget estimates, requests, and information 
(including personnel needs), legislative recommendations, 
prepared testimony for congressional hearings, and comments on 
legislation at the same time they are sent to the President or 
the Office of Management and Budget. An officer of an agency 
may not impose conditions on or impair communication by the 
Commission with Congress, or a committee or member of Congress, 
about the information.
    (g) Amounts available under law are available for field 
examinations of appropriation estimates. The use of the amounts 
is subject only to regulations prescribed by the appropriate 
standing committees of Congress.
          * * * * * * *

                  CHAPTER 15--APPROPRIATION ACCOUNTING

                         SUBCHAPTER I--GENERAL

Sec. 1501.\1\ Documentary evidence requirement for Government 
                    obligations

    (a) An amount shall be recorded as an obligation of the 
United States Government only when supported by documentary 
evidence of--
          (1) a binding agreement between an agency and another 
        person (including an agency) that is--
                  (A) in writing, in a way and form, and for a 
                purpose authorized by law; and
                  (B) executed before the end of the period of 
                availability for obligation of the 
                appropriation or fund used for specific goods 
                to be delivered, real property to be bought or 
                leased, or work or service to be provided;
          (2) a loan agreement showing the amount and terms of 
        repayment;
          (3) an order required by law to be placed with an 
        agency;
          (4) an order issued under a law authorizing purchases 
        without advertising--
                  (A) when necessary because of a public 
                exigency;
                  (B) for perishable subsistence supplies; or
                  (C) within specific monetary limits;
          (5) a grant or subsidy payable--
                  (A) from appropriations made for payment of, 
                or contributions to, amounts required to be 
                paid in specific amounts fixed by law or under 
                formulas prescribed by law;
                  (B) under an agreement authorized by law; or
                  (C) under plans approved consistent with and 
                authorized by law;
          (6) a liability that may result from pending 
        litigation;
          (7) employment or services of persons or expenses of 
        travel under law;
          (8) services provided by public utilities; or
          (9) other legal liability of the Government against 
        an available appropriation or fund.
    (b) A statement of obligations provided to Congress or a 
committee of Congress by an agency shall include only those 
amounts that are obligations consistent with subsection (a) of 
this section.

Sec. 1502.\1\ Balances available

    (a) The balance of an appropriation or fund limited for 
obligation to a definite period is available only for payment 
of expense properly incurred during the period of availability 
or to compete contracts properly made with that period of 
availability and obligated consistent with section 1501 of this 
title. However, the appropriation or fund is not available for 
expenditure for a period beyond the period otherwise authorized 
by law.
    (b) A provision of law requiring that the balance of an 
appropriation or fund be returned to the general fund of the 
Treasury at the end of a definite period does not affect the 
status of lawsuits or rights of action involving the right to 
an amount payable from the balance.
          * * * * * * *

                  SUBCHAPTER IV--CLOSING ACCOUNTS \2\

Sec. 1551. Definitions; applicability of subchapter \3\

  (a) In this subchapter--
---------------------------------------------------------------------------
    \2\ Sec. 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 2003, vol. I-B.
    \3\ Sec. 1054(e)(2) of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2503) restated the 
section catchline. It formerly read ``Definitions and applications''.
---------------------------------------------------------------------------
          (1) An obligated balance of an appropriation account 
        as of the end of a fiscal year is the amount of 
        unliquidated obligations applicable to the 
        appropriation less amounts collectible as repayments to 
        the appropriation.
          (2) An unobligated balance is the difference between 
        the obligated balance and the total unexpended balance.
          (3) A fixed appropriation account is an appropriation 
        account available for obligation for a definite period.
  (b) The limitations on the availability for expenditure 
prescribed in this subchapter apply to all appropriations 
unless specifically otherwise authorized by a law that 
specifically--
          (1) identifies the appropriate account for which the 
        availability for expenditure is to be extended;
          (2) provides that such account shall be available for 
        recording, adjusting, and liquidating obligations 
        properly chargeable to that account; and
          (3) extends the availability for expenditure of the 
        obligated balances.
  (c) This subchapter does not apply to--
          (1) appropriations for the District of Columbia 
        government; or
          (2) appropriations to be disbursed by the Secretary 
        of the Senate or the Chief Administrative Officer \4\ 
        of the House of Representatives.
---------------------------------------------------------------------------
    \4\ Sec. 219(b)(1) of Public Law 104-186 (110 Stat. 1748) struck 
out ``Clerk'' and inserted in lieu thereof ``Chief Administrative 
Officer''.
---------------------------------------------------------------------------

Sec. 1552. Procedure for appropriation accounts available for definite 
                    periods

  (a) \5\ On September 30th of the 5th fiscal year after the 
period of availability for obligation of a fixed appropriation 
account ends, the account shall be closed and any remaining 
balance (whether obligated or unobligated) in the account shall 
be canceled and thereafter shall not be available for 
obligation or expenditure for any purpose.
---------------------------------------------------------------------------
    \5\ Sec. 1406 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1680) required the following:
---------------------------------------------------------------------------

``sec. 1406. audit of obligated balances of department of defense
---------------------------------------------------------------------------

    ``(a) Audit Requirement.--The Secretary of Defense shall provide 
for an audit of each account of the Department of Defense established 
under paragraph (1) of section 1552(a) of title 31, United States Code, 
as in effect on the day before the date of the enactment of this Act. 
The audit shall, with respect to each such account, identify--
---------------------------------------------------------------------------

  ``(1) the balance in the account;

  ``(2) the amount of such balance that is considered by the Secretary (as 
of the time of the audit) to represent amounts required for valid 
obligations (as supported by documentary evidence as required by section 
1501 of title 31) and the amount of such balance that is considered by the 
Secretary (as of the time of the audit) to represent amounts for 
obligations that are considered no longer valid;

  ``(3) the sources of amounts in the account, shown by fiscal year and by 
amount for each fiscal year; and

  ``(4) such other matters as the Secretary considers appropriate.
---------------------------------------------------------------------------

    ``(b) Deobligation of Obligations No Longer Valid.--Any obligated 
amounts in accounts of the Department of Defense established under 
paragraph (1) of section 1552(a) of title 31, United States Code, that 
are determined pursuant to the audit under subsection (a) to represent 
amounts for obligations that are no longer valid shall be deobligated 
and canceled.
    ``(c) Report on Audit.--Not later than December 31, 1991, the 
Secretary of Defense shall submit to Congress a report containing the 
results of the audit conducted pursuant to subsection (a). The report 
shall set forth--
---------------------------------------------------------------------------

  ``(1) the information required to be identified pursuant to subsection 
(a); and

  ``(2) for each appropriation account (A) the average length of time funds 
have been obligated, (B) the average size of the obligation, and (iii) the 
object classification of the obligations, all shown for total obligations 
and separately for valid obligations and obligations that are no longer 
valid.''.
---------------------------------------------------------------------------

    See also sec. 1003 of the National Defense Authorization Act for 
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2481), in Legislation 
on Foreign Relations Through 2003, vol. I-B.
---------------------------------------------------------------------------
  (b) Collections authorized or required to be credited to an 
appropriation account, but not received before closing of the 
account under subsection (a) or under section 1555 of this 
title shall be deposited in the Treasury as miscellaneous 
receipts.

Sec. 1553. Availability of appropriation accounts to pay obligations

  (a) After the end of the period of availability for 
obligation of a fixed appropriation account and before the 
closing of that account under section 1552(a) of this title, 
the account shall retain its fiscal-year identity and remain 
available for recording, adjusting, and liquidating obligations 
properly chargeable to that account.
  (b)(1) Subject to the provisions of paragraph (2), after the 
closing of an account under section 1552(a) or 1555 of this 
title, obligations and adjustments to obligations that would 
have been properly chargeable to that account, both as to 
purpose and in amount, before closing and that are not 
otherwise chargeable to any current appropriation account of 
the agency may be charged to any current appropriation account 
of the agency available for the same purpose.
  (2) The total amount of charges to an account under paragraph 
(1) may not exceed an amount equal to 1 percent of the total 
appropriations for that account.
  (c)(1) In the case of a fixed appropriation account with 
respect to which the period of availability for obligation has 
ended, if an obligation of funds from that account to provide 
funds for a program, project, or activity to cover amounts 
required for contract changes would cause the total amount of 
obligations from that appropriation during a fiscal year for 
contract changes for that program, project, or activity to 
exceed $4,000,000, the obligation may only be made if the 
obligation is approved by the head of the agency (or an officer 
of the agency within the Office of the head of the agency to 
whom the head of the agency has delegated the authority to 
approve such an obligation).
  (2) In the case of a fixed appropriation account with respect 
to which the period of availability for obligation has ended, 
if an obligation of funds from that account to provide funds 
for a program, project, or activity to cover amounts required 
for contract changes would cause the total amount obligated 
from that appropriation during a fiscal year for that program, 
project, or activity to exceed $25,000,000, the obligation may 
not be made until--
          (A) the head of the agency submits to the appropriate 
        authorizing committees of Congress and the Committees 
        on Appropriations of the Senate and the House of 
        Representatives a notice in writing of the intent to 
        obligate such funds, together with a description of the 
        legal basis for the proposed obligation and the policy 
        reasons for the proposed obligation; and
          (B) a period of 30 days has elapsed after the notice 
        is submitted.
  (3) In this subsection, the term ``contract change'' means a 
change to a contract under which the contractor is required to 
perform additional work. Such term does not include adjustments 
to pay claims or increases under an escalation clause.
  (d)(1) Obligations under this section may be paid without 
prior action of the Comptroller General.
  (2) This subchapter does not--
          (A) relieve the Comptroller General of the duty to 
        make decisions requested under law; or
          (B) affect the authority of the Comptroller General 
        to settle claims and accounts.

Sec. 1554. Audit, control, and reporting

  (a) Any audit requirement, limitation on obligations, or 
reporting requirement that is applicable to an appropriation 
account shall remain applicable to that account after the end 
of the period of availability for obligation of that account.
  (b)(1) After the close of each fiscal year, the head of each 
agency shall submit to the President and the Secretary of the 
Treasury a report regarding the unliquidated obligations, 
unobligated balances, canceled balances, and adjustments made 
to appropriation accounts of that agency during the completed 
fiscal year. The report shall be submitted no later than 15 
days after the date on which the President's budget for the 
next fiscal year is submitted to Congress under section 1105 of 
this title.
  (2) Each report required by this subsection shall--
          (A) provide a description, with reference to the 
        fiscal year of appropriations, of the amount in each 
        account, its source, and an itemization of the 
        appropriations accounts;
          (B) describe all current and expired appropriations 
        accounts;
          (C) describe any payments made under section 1553 of 
        this title;
          (D) describe any adjustment of obligations during 
        that fiscal year pursuant to section 1553 of this 
        title;
          (E) contain a certification by the head of the agency 
        that the obligated balances in each appropriation 
        account of the agency reflect proper existing 
        obligations and that expenditures from the account 
        since the preceding review were supported by a proper 
        obligation of funds and otherwise were proper;
          (F) describe all balances canceled under sections 
        1552 and 1555 of this title.
  (3) The head of each Federal agency shall provide a copy of 
each such report to the Speaker of the House of Representatives 
and the Committee on Appropriations, the Committee on 
Governmental Affairs, and other appropriate oversight and 
authorizing committees of the Senate.
  (c) \6\ * * * [Repealed--1991]
---------------------------------------------------------------------------
    \6\ Sec. 1004(b) of the National Defense Authorization Act for 
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1457) (1) 
struck out subsec. (c), and (2) redesignated subsec. (d) as subsec. 
(c).
    The former subsec. (c) had required the Director of the 
Congressional Budget Office to estimate the effect on the Federal 
deficit of payments and adjustments made with respect to sections 1552 
and 1553 of this title for each agency and annually report on the same.
    Sec. 1004(a) of Public Law 102-190 further required the following:
    ``(a) Temporary Requirement for OMB Report.--At the same time that 
the President submits to Congress the budget for each of fiscal years 
1993, 1994, 1995, and 1996 under section 1105 of title 31, United 
States Codes, the Director of the Office of Management and Budget shall 
submit to Congress a report regarding the effect on the Federal Deficit 
of payments and adjustments made with respect to sections 1552 and 1553 
of such title for the fiscal year in which such budget is submitted, 
the fiscal year preceding that fiscal year, and the fiscal year covered 
by that budget. The report shall include separate estimates for the 
accounts of each agency.''.
---------------------------------------------------------------------------
  (c) \6\ The head of each agency shall establish internal 
controls to assure that an adequate review of obligated 
balances is performed to support the certification required by 
section 1108(c) of this title.

Sec. 1555. Closing of appropriation accounts available for indefinite 
                    periods

  An appropriation account available for obligation for an 
indefinite period shall be closed, and any remaining balance 
(whether obligated or unobligated) in that account shall be 
canceled and thereafter shall not be available for obligation 
or expenditure for any purpose, if--
          (1) the head of the agency concerned or the President 
        determines that the purposes for which the 
        appropriation was made have been carried out; and
          (2) no disbursement has been made against the 
        appropriation for two consecutive fiscal years.

Sec. 1556. Comptroller General: reports on appropriation accounts

  (a) In carrying out audit responsibilities, the Comptroller 
General shall report on operations under this subchapter to--
          (1) the head of the agency concerned;
          (2) the Secretary of the Treasury; and
          (3) the President.
  (b) A report under this section shall include an appraisal of 
unpaid obligations under fixed appropriation accounts for which 
the period of availability for obligation has ended.

Sec. 1557. Authority for exemptions in appropriation laws

  A provision of an appropriation law may exempt an 
appropriation from the provisions of this subchapter and fix 
the period for which the appropriation remains available for 
expenditure.

Sec. 1558. Availability of funds following resolution of a formal 
                    protest or other challenge \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 or other action referred 
to in subsection (b) \8\ is filed in connection with a 
solicitation for, proposed award of, or award of such contract 
shall remain available for obligation for 100 days \9\ after 
the date on which the final ruling is made on the protest or 
other action.\10\ 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). 
Sec. 5502 of Public Law 104-106 (110 Stat. 698) amended and restated 
the section title.
    \8\ Sec. 5502 of Public Law 104-106 (110 Stat. 698) inserted ``or 
other action referred to in subsection (b)''.
    \9\ Sec. 5502 of Public Law 104-106 (110 Stat. 698) struck out ``90 
working days'' and inserted in lieu thereof ``100 days''.
    \10\ Sec. 5502 of Public Law 104-106 (110 Stat. 698) inserted ``or 
other action''.
---------------------------------------------------------------------------
    (b) \11\ Subsection (a) applies with respect to--
---------------------------------------------------------------------------
    \11\ Sec. 5502 of Public Law 104-106 (110 Stat. 698) amended and 
restated subsec. (b). It previously read as follows:
    ``(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)).''.
---------------------------------------------------------------------------
          (1) any protest filed under subchapter V of chapter 
        35 of this title; or
          (2) an action commenced under administrative 
        procedures or for a judicial remedy if--
                  (A) the action involves a challenge to--
                          (i) a solicitation for a contract;
                          (ii) a proposed award of a contact;
                          (iii) an award of a contract; or
                          (iv) the eligibility of an offeror or 
                        potential offeror for a contract or of 
                        the contractor awarded the contract; 
                        and
                  (B) commencement of the action delays or 
                prevents an executive agency from making an 
                award of a contract or proceeding with a 
                procurement.
                               Appendix I


          Note.--Appendix I lists Public Laws included in 
        Legislation on Foreign Relations Through 2005, either 
        as freestanding law or in amendments, arranged by 
        Public Law number with corresponding short title or 
        popular name.





------------------------------------------------------------------------
Public Law
    No.                              Short Title
------------------------------------------------------------------------
109-169     United States-Bahrain Free Trade Agreement Implementation
             Act
109-167     Passport Services Enhancement Act of 2005
109-165     Torture Victims Relief Reauthorization Act of 2005
109-164     Trafficking Victims Protection Reauthorization Act of 2005
109-163     National Defense Authorization Act for Fiscal Year 2006
109-163     United States Policy in Iraq Act (section 1227)
109-163     Detainee Treatment Act of 2005 (title XIV)
109-159     Transfer of Items To War Reserves Stockpile for Allies,
             Korea
109-148     Department of Defense, Emergency Supplemental Appropriations
             To Address Hurricanes in the Gulf of Mexico, and Pandemic
             Influenza Act, 2006
109-148     Emergency Supplemental Appropriations Act To Address
             Hurricanes in the Gulf of Mexico and Pandemic Influenza
             Act, 2006 (division B)
109-140     To Provide Certain Authorities for the Department of State
109-134     Naval Vessels Transfer Act of 2005
109-121     Senator Paul Simon Water for the Poor Act of 2005
109-112     Iran Nonproliferation Amendments Act of 2005
109-108     Science, State, Justice, Commerce, and Related Agencies
             Appropriations Act, 2006
109-108     Department of State and Related Agencie Appropriations Act,
             2006 (title IV)
109-102     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2006
109-97      Agriculture, Rural Development, Food and Drug
             Administration, and Related Agencies Appropriations Act,
             2006
109-95      Assistance for Orphans and Other Vulnerable Children in
             Developing Countries Act of 2005
109-77      Continuing Appropriations, Fiscal Year 2006
109-58      Energy Policy Act of 2005
109-54      Department of the Interior, Environment, and Related
             Agencies Appropriations Act, 2006
109-53      Dominican Republic-Central America-United States Free Trade
             Agreement Implementation Act
109-39      Renewal of Import Restrictions--Burmese Freedom and
             Democracy Act of 2003
109-13      Emergency Supplemental Appropriations Act for Defense, the
             Global War on Terror, and Tsunami Relief, 2005
108-497     Comprehensive Peace in Sudan Act of 2004
108-484     Microenterprise Results and Accountability Act of 2004
108-458     Intelligence Reform and Terrorism Prevention Act of 2004
108-458     Afghanistan Freedom Support Act Amendments of 2004 (sec.
             7104)
108-447     Consolidated Appropriations Act, 2005
108-447     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2005 (division D)
108-447     Migratory Bird Treaty Reform Act of 2004 (division E, sec.
             143)
108-447     Miscellaneous Appropriations and Offsets Act, 2005 (division
             J, title I)
108-429     Miscellaneous Trade and Technical Corrections Act of 2004
108-375     Ronald W. Reagan National Defense Authorization Act for
             Fiscal Year 2005
108-370     Prevention of Child Abduction Partnership Act
108-347     Belarus Democracy Act of 2004
108-333     North Korean Human Rights Act of 2004
108-332     Global Anti-Semitism Review Act of 2004
108-323     Tropical Forest Conservation Act Reauthorization
108-302     United States-Morocco Free Trade Agreement Implementation
             Act
108-297     Cape Town Treaty Implementation Act of 2004
108-286     United States-Australia Free Trade Agreement Implementation
             Act
108-283     Northern Uganda Crisis Response Act
108-274     AGOA Acceleration Act of 2004
108-272     Approving the Renewal of Import Restrictions--Burma
108-266     Marine Turtle Conservation Act of 2004
108-235     Taiwan's Participation in the World Health Organization
108-215     Amendments to U.S.-Mexico Agreement Establishing a Border
             Environment Cooperation Commission and North American
             Development Bank
108-200     Congo Basin Forest Partnership Act of 2004
108-199     Consolidated Appropriations, 2004
108-199     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 2004 (division D)
108-199     HELP Commission Act (division B, sec. 637)
108-199     Millennium Challenge Act of 2003 (division D, title VI)
108-175     Syria Accountability and Lebanese Sovereignty Restoration
             Act of 2003
108-136     National Defense Authorization Act for Fiscal Year 2004
108-136     Nuclear Security Initiative Act of 2003 (title XXXVI)
108-106     Emergency Supplemental Appropriations Act for Defense and
             for the Reconstruction of Iraq and Afghanistan, 2004
108-77      United States-Chile Free Trade Agreement Implementation Act
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
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
107-246     Russian Democracy Act of 2002
107-245     Sudan Peace Act
107-243     Authorization for Use of Military Force Against Iraq
             Resolution of 2002
107-228     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
107-210     Andean Trade Promotion and Drug Eradication Act (title XXXI)
107-206     2002 Supplemental Appropriations Act for Further Recovery
             From and Response to Terrorist Attacks on the United States
107-206     American Servicemembers Protection Act (title II)
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
107-56      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)
107-43      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     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     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
106-30      Peace Corps Reauthorization
105-385     Africa: Seeds of Hope Act of 1998
105-384     Governing International Fisheries Agreement with Poland
105-382     Department of State Special Agents Retirement Act of 1998
105-366     International Anti-Bribery and Fair Competition Act of 1998
105-362     Federal Reports Elimination Act of 1998
105-338     Iraq Liberation Act of 1998
105-323     Extradition Treaties Interpretation Act of 1998
105-319     Irish Peace Process Cultural and Training Program Act of
             1998
105-312     Rhinoceros and Tiger Conservation Act of 1998
105-303     Commercial Space Act of 1998
105-292     International Religious Freedom Act of 1998
105-277     Omnibus Consolidated and Emergency Supplemental
             Appropriations Act for Fiscal Year 1999
105-277     Haitian Refugee Immigration Fairness Act of 1998 (division
             A, sec. 101(h), title IX)
105-277     Trade Deficit Review Commission Act (division A, sec. 127)
105-277     Office of National Drug Control Policy Reauthorization Act
             of 1998 (division C, title VII)
105-277     Western Hemisphere Drug Elimination Act (division C, title
             VIII)
105-277     Foreign Affairs Reform and Restructuring Act of 1998
             (division G)
105-277     Foreign Affairs Agencies Consolidation Act of 1998 (division
             G, subdivision A)
105-277     Foreign Relations Authorization Act, Fiscal Years 1998 and
             1999 (division G, subdivision B)
105-277     United Nations Reform Act of 1998 (division G, subdivision
             C)
105-277     European Security Act of 1998 (division G, title XXVII)
105-277     Chemical Weapons Convention Implementation Act of 1998
             (division I)
105-262     Department of Defense Appropriations Act, 1999
105-261     Strom Thurmond National Defense Authorization Act for Fiscal
             Year 1999
105-261     Defense Against Weapons of Mass Destruction Act of 1998
             (title XIV)
105-261     Panama Canal Commission Authorization Act for Fiscal Year
             1999 (title XXXV)
105-261     Radio Free Asia Act of 1998 (title XXXIX)
105-246     Nazi War Crimes Disclosure Act
105-235     Finding the Government of Iraq in Unacceptable and Material
             Breach of Its International Obligations
105-217     African Elephant Conservation Reauthorization Act of 1998
105-194     Agriculture Export Relief Act of 1998
105-186     U.S. Holocaust Assets Commission Act of 1998
105-174     1998 Supplemental Appropriations and Rescissions Act
105-173     International Parental Kidnapping Crime Act
105-158     Holocaust Victims Redress Act
105-119     Departments of Commerce, Justice, and State, the Judiciary,
             and Related Agencies Appropriations Act, 1998
105-107     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)
101-454     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)
100-460     Foreign Operations, Export Financing, and Related Programs
             Appropriations Act, 1989
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     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 2005, 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
2002 Supplemental Appropriations Act for Further Recovery     107-206
 From and Response to Terrorist Attacks on the United States
AGOA Acceleration Act of 2004...............................  108-274
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                 109-97
 Administration, and Related Agencies Appropriations Act,
 2006.......................................................
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
Amendments to U.S.-Mexico Agreement Establishing a Border     108-215
 Environment Cooperation Commission and North American
 Development Bank...........................................
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
American Servicemembers Protection Act (title II)...........  107-206
Andean Trade Preference Act (title II)......................  102-182
Andean Trade Promotion and Drug Eradication Act (title XXXI)  107-210
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........................................
Approving the Renewal of Import Restrictions--Burma.........  108-272
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
Assistance for Orphans and Other Vulnerable Children in       109-95
 Developing Countries Act of 2005...........................
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
Belarus Democracy Act of 2004...............................  108-347
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
Cambodian Genocide Justice Act (title V, part D)............  103-236
Canada-United States Interparliamentary Group...............  86-42
Cape Town Treaty Implementation Act of 2004.................  108-297
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)................................................
Comprehensive Peace in Sudan Act of 2004....................  108-497
Congo Basin Forest Partnership Act of 2004..................  108-200
Consolidated Appropriations Act, 2005.......................  108-447
Continuing Appropriations, Fiscal Year 2006.................  109-77
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 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 Defense, Emergency Supplemental Appropriations  109-148
 To Address Hurricanes in the Gulf of Mexico, and Pandemic
 Influenza Act, 2006........................................
Department of Energy Act of 1978............................  95-238
Department of State and Related Agencie Appropriations Act,   109-108
 2006 (title IV)............................................
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, Environment, and Related          109-54
 Agencies Appropriations Act, 2006..........................
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..............
Detainee Treatment Act of 2005 (title XIV)..................  109-163
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
Dominican Republic-Central America-United States Free Trade   109-53
 Agreement Implementation Act...............................
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 Act for Defense and     108-106
 for the Reconstruction of Iraq and Afghanistan, 2004.......
Emergency Supplemental Appropriations Act for Defense, the    109-13
 Global War on Terror, and Tsunami Relief, 2005.............
Emergency Supplemental Appropriations Act To Address          109-148
 Hurricanes in the Gulf of Mexico and Pandemic Influenza
 Act, 2006 (division B).....................................
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 Act of 2005...................................  109-58
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    100-460
 Appropriations Act, 1989...................................
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 Operations, Export Financing, and Related Programs    108-199
 Appropriations Act, 2004 (division D)......................
Foreign Operations, Export Financing, and Related Programs    108-447
 Appropriations Act, 2005 (division D)......................
Foreign Operations, Export Financing, and Related Programs    109-102
 Appropriations Act, 2006...................................
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 Anti-Semitism Review Act of 2004.....................  108-332
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)..................................
HELP Commission Act (division B, sec. 637)..................  108-199
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
Intelligence Reform and Terrorism Prevention Act of 2004....  108-458
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 Nonproliferation Amendments Act of 2005................  109-112
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
Marine Turtle Conservation Act of 2004......................  108-266
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
Microenterprise Results and Accountability Act of 2004......  108-484
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
Migratory Bird Treaty Reform Act of 2004 (division E, sec.    108-447
 143).......................................................
Mike Mansfield Fellowship Act (title II, part C)............  103-236
Millennium Challenge Act of 2003 (division D, title VI).....  108-199
Miscellaneous Amendments and Authorization--FYs 1996 and      104-164
 1997.......................................................
Miscellaneous Appropriations and Offsets Act, 2005 (division  108-447
 J, title I)................................................
Miscellaneous International Affairs Authorization Act of      100-461
 1988 (S. 2757, enacted by reference).......................
Miscellaneous Trade and Technical Corrections Act of 1999...  106-36
Miscellaneous Trade and Technical Corrections Act of 2004...  108-429
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 Defense Authorization Act for Fiscal Year 2004.....  108-136
[Ronald W. Reagan] National Defense Authorization Act for     108-375
 Fiscal Year 2005...........................................
National Defense Authorization Act for Fiscal Year 2006.....  109-163
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
Naval Vessels Transfer Act of 2005..........................  109-134
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 Korean Human Rights Act of 2004.......................  108-333
North Pacific Anadromous Stocks Act of 1992 (title VIII)....  102-567
North Pacific Anadromous Stocks Convention Act of 1992        102-587
 (title VIII)...............................................
Northern Uganda Crisis Response Act.........................  108-283
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 Security Initiative Act of 2003 (title XXXVI).......  108-136
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 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
Passport Services Enhancement Act of 2005...................  109-167
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).......................................................
Prevention of Child Abduction Partnership Act...............  108-370
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
Renewal of Import Restrictions--Burmese Freedom and           109-39
 Democracy Act of 2003......................................
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
Ronald W. Reagan National Defense Authorization Act for       108-375
 Fiscal Year 2005...........................................
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
Science, State, Justice, Commerce, and Related Agencies       109-108
 Appropriations Act, 2006...................................
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
Senator Paul Simon Water for the Poor Act of 2005...........  109-121
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
Syria Accountability and Lebanese Sovereignty Restoration     108-175
 Act of 2003................................................
Taiwan's Participation in the World Health Organization.....  108-235
Taiwan's Participation 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 Certain Authorities for the Department of State..  109-140
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
Torture Victims Relief Reauthorization Act of 2005..........  109-165
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
Trafficking Victims Protection Reauthorization Act of 2005..  109-164
Trans-Alaska Pipeline Authorization Act.....................  93-153
Transfer of Items To War Reserves Stockpile for Allies,       109-159
 Korea......................................................
Tropical Forest Conservation Act of 1998 (part V)...........  87-195
Tropical Forest Conservation Act Reauthorization............  108-323
Trust Territory of the Pacific Islands Act..................  92-257
Tuna Conventions Act of 1950................................  81-764
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-Australia Free Trade Agreement Implementation   108-286
 Act........................................................
United States-Canada Free Trade Agreement Implementation Act  100-449
 of 1988....................................................
United States-Chile Free Trade Agreement Implementation Act.  108-77
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-Bahrain Free Trade Agreement Implementation     109-169
 Act........................................................
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-Morocco Free Trade Agreement Implementation     108-302
 Act........................................................
United States Policy in Iraq Act (section 1227).............  109-163
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
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
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, 2006...........  PL 108-102 Title II...       937
Abortions
  Foreign aid funding prohibition..  PL 87-195 Sec 104(f)..        46
                                     PL 109-102 Title II...       928
                                     PL 109-102 Sec 518....       960
  Lobbying for
    Foreign aid funding prohibition  PL 109-102 Sec 518....       960
  Peace Corps
    Funding prohibition............  PL 109-102 Title II...       939
Acquired Immune Deficiency Syndrome
 (AIDS)
  (see HIV/AIDS)
Act of state doctrine
  Determination by U.S. courts
    Recognition of.................  PL 87-195 Sec                326
                                      620(e)(2).
Afghanistan
  Opium producing areas
    U.S. opposition to assistance..  PL 107-327 Sec 105....       655
Afghanistan Freedom Support Act      PL 108-458 Sec 7104...       668
 Amendments of 2004.
Afghanistan Freedom Support Act of   PL 107-327............       644
 2002.
Afghanistan-U.S. relations
  Afghan Independent Human Rights
   Commission
    Appropriations, 2006...........  PL 109-102 Sec 523....       962
  Audit requirement of               PL 109-13 Sec 2105....      1028
   counternarcotics aid.
  Counterdrug efforts
    Report to Congress.............  PL 107-327 Sec 207....       664
  Economic Support Fund............  PL 99-83 Sec 904......       806
  Education
    U.S. policy on.................  PL 108-458 Sec 7104(f)       670
  Enterprise fund
    Appropriations authorization...  PL 107-327 Sec 103(c).       654
  Foreign aid
    Appropriations authorization...  PL 107-327 Sec 108....       657
    Assistance authorization.......  PL 107-327 Sec 103....       647
    Assistance coordination........  PL 107-327 Sec 104....       655
    Assistance waiver..............  PL 107-327 Sec               654
                                      103(b)(2).
    Building democratic              PL 107-327 Sec               650
     institutions.                    103(a)(5).
    Coordination of................  PL 108-458 Sec 7104...       668
    Counternarcotics efforts.......  PL 107-327 Sec               647
                                      103(a)(3).
    Developing rule of law.........  PL 107-327 Sec               650
                                      103(a)(5).
    Donor contributions............  PL 107-327 Sec 303....       665
    Establishing a market economy..  PL 107-327 Sec               652
                                      103(a)(6).
    Food security..................  PL 107-327 Sec               649
                                      103(a)(4).
    Improving health conditions....  PL 107-327 Sec               649
                                      103(a)(4).
    Monitoring assistance..........  PL 107-327 Sec 103(d).       654
    Presidential determination.....  PL 107-327 Sec               653
                                      103(b)(1).
    Providing education............  PL 107-327 Sec               650
                                      103(a)(5).
Afghanistan-U.S. relations--
 Continued
  Foreign aid--Continued
    Purposes of....................  PL 107-327 Sec 102....       646
    Rebuilding infrastructure......  PL 107-327 Sec               649
                                      103(a)(4).
    Refugee repatriation and         PL 107-327 Sec               647
     resettlement.                    103(a)(2).
    Report to Congress.............  PL 107-327 Sec 103(d).       654
    U.S. policies..................  PL 107-327 Sec 101....       645
    Women and girls assistance.....  PL 107-327 Sec               652
                                      103(a)(7).
                                     PL 109-102 Sec 523....       962
  Human rights organizations
    Appropriations, 2006...........  PL 109-102 Sec 523....       962
  Humanitarian assistance
    Appropriations, 2006...........  PL 109-102 Sec 523....       962
  International peacekeeping
    U.S. policy on.................  PL 107-327 Sec 206(e).       663
  International security assistance
   force
    Expansion of...................  PL 107-327 Sec 206(d).       663
    Findings of Congress...........  PL 107-327 Sec 206....       660
  Long-term strategy
    Report to Congress.............  PL 107-327 Sec 305....       666
  Military aid
    Assistance authorization.......  PL 107-327 Sec 202....       658
    Security during transition.....  PL 107-327 Sec 201....       658
    Sunset provision...............  PL 107-327 Sec 209....       665
  Private militias
    U.S. policy on.................  PL 108-458 Sec 7104(h)       670
  Promoting security
    Findings of Congress...........  PL 107-327 Sec 206....       660
    Report to Congress.............  PL 107-327 Sec 206(c).       661
  Protection of its President
    Sense of Congress..............  PL 107-327 Sec 302....       665
  Reconstruction
    Appropriations, 2006...........  PL 109-102 Sec 523....       962
  Rule of law
    U.S. policy on.................  PL 108-458 Sec 7104(f)       670
  Security operations
    U.S. policy on.................  PL 107-327 Sec 206(e).       663
Africa-U.S. relations
  Development Fund for Africa
    Appropriations authorization...  PL 87-195 Sec 497.....       230
  Economic Support Fund
  Emergency refugee supplemental,    PL 109-13 Title II....      1026
   2005.
    Commodity Import Programs......  PL 99-83 Sec 801......       799
  Foreign aid......................  PL 87-195 Sec 206.....        98
    Famine relief assistance.......  PL 87-195 Sec 495K....       224
    Locust plagues.................  PL 95-424 Sec 120.....       865
    Refugees.......................  PL 87-195 Sec 495F....       220
  Sahel development program          PL 87-195 Sec 120.....        76
  Trade
    United States Commercial         PL 102-549 Sec 401....       743
     Centers.
Africa, sub-Saharan-U.S. relations
  Arms sales
    Limited........................  PL 90-629 Sec 33......       467
  Debt-for-nature exchanges........  PL 87-195 Ch 7........       188
  Developmental activities
    Women..........................  PL 87-195 Sec 496(g)..       226
  Developmental aid
    Agriculture and natural          PL 87-195 Sec 496(i)..       227
     resources.
    Critical sectors...............  PL 87-195 Sec 496(j)..       228
    Findings of Congress...........  PL 87-195 Sec 496.....       225
    Private and voluntary            PL 87-195 Sec 496(e)..       226
     organizations.
    SADCC projects.................  PL 87-195 Sec 496(o)..       229
  Foreign aid
    Report to Congress.............  PL 101-513 Sec 562(c).      1124
    Sexual and gender based          PL 109-102 Title II...       930
     violence.
  Human rights
    Promoting adherence to.........  PL 87-195 Sec 116(e)..        67
Africa, sub-Saharan-U.S. relations--
 Continued
  Human rights and democracy
    Programs supporting............  PL 109-102 Title II...       940
African Development Bank
  Appropriations, 2006.............  PL 109-102 Title IV...       950
  Capital stock increase
    Appropriations, 2006...........  PL 109-102 Title IV...       950
  Foreign aid......................  PL 87-195 Sec 206.....        98
African Development Foundation.....  PL 95-424 Sec 122.....       865
  Activities
    Authorities for................  PL 109-102 Sec 532....       967
  Appropriations authorization,      PL 96-533 Sec 510.....       846
   1980.
  Appropriations authorization,      PL 98-151 Sec                815
   1984.                              101(b)(2).
  Appropriations, 2006.............  PL 109-102 Title II...       939
  Established......................  PL 96-533 Sec 503.....       842
  Functions........................  PL 96-533 Sec 505.....       843
  Government Cooperation Control     PL 96-533 Sec 508.....       846
   Act.
  Management of....................  PL 96-533 Sec 507.....       844
  Powers...........................  PL 96-533 Sec 506.....       843
  Purposes.........................  PL 96-533 Sec 504.....       842
African Development Foundation Act.  PL 96-533 Sec 501.....       841
African Development Fund
  Appropriations, 2006.............  PL 109-102 Title IV...       950
  Eighth replenishment               PL 109-102 Sec 599C...      1008
   authorization.
Agency for International
 Development
  Abortions
    Foreign aid funding prohibition  PL 109-102 Title II...       928
  Budget submission
    Report to Congress.............  PL 102-391 Sec 599E...      1117
  Capital investments
    Appropriations, 2006...........  PL 109-102 Title II...       933
  Capital projects
    Credit guarantees..............  PL 102-549 Sec 307....       743
    Report to Congress.............  PL 102-549 Sec 302(c).       741
  Capital projects office
    Established....................  PL 102-549 Sec 302....       741
  Child survival and health
   programs
    Appropriations, 2006...........  PL 109-102 Title II...       927
  Developing countries
    Biological diversity...........  PL 87-195 Sec 119(g)..        75
    Tropical forests...............  PL 87-195 Sec 118(e)..        74
  Development assistance
    Appropriations, 2006...........  PL 109-102 Title II...       929
  Employees
    Volunteer separation incentives  PL 106-113 Sec 579....      1081
  Family planning/reproductive       PL 109-102 Title II...       927
   health.
  Foreign aid
    Using nongovernmental            PL 99-83 Sec 311......       767
     organizations.
  Global Fund to Fight AIDS,         PL 109-102 Title II...       928
   Tuberculosis and Malaria.
  Hiring and employment
    Appropriations, 2005...........  PL 108-447 Sec 588....      1037
    Appropriations, 2006...........  PL 109-102 Sec 577....       995
  HIV/AIDS
    Appropriations, 2006...........  PL 109-102 Title II...       927
    Global fund to combat..........  PL 109-102 Title II...       928
  Information technology
   procurement
    Appropriations, 2006...........  PL 109-102 Title II...       933
  Inspector General
    Overseas Private Investment      PL 87-195 Sec 239(e)..       143
     Corporation.
  Office of Inspector General
    Appropriations, 2006...........  PL 109-102 Title II...       933
  Operating expenses
    Appropriations, 2006...........  PL 109-102 Title II...       933
Agency for International
 Development--Continued
  Overseas construction
    Appropriations, 2006...........  PL 109-102 Title II...       933
  Overseas Private Investment        PL 87-195 Sec 233(b)..       121
   Corporation.
  Personal services contractors....  PL 109-102 Sec 534(c).       969
  Personnel
    Unified system.................  PL 95-424 Sec 401.....       866
  Private Investment Advisory        PL 87-195 Sec 601(c)..       304
   Council on Foreign Aid.
  Program for intellectual property  PL 103-392 Sec 501....       738
   protection.
  Property Management Fund
    Use of.........................  PL 101-513 Sec 585....      1125
  Report to Congress
    Microenterprise Act, 2000......  PL 108-31 Sec 4.......       607
  Small businesses.................  PL 109-102 Sec 534(e).       970
  Supporting childhood immunization  PL 99-529 Sec 102.....       752
  The Vaccine Fund
    Appropriations, 2006...........  PL 109-102 Title II...       928
  Voluntary family planning
   projects
    Funding availability...........  PL 109-102 Title II...       928
Aging
  United Nations
    World Assembly on..............  PL 95-424 Sec 117(e)..       864
Agricultural commodities
  (see also Agricultural commodity
   sales)
  Of U.S. origin
    Purchasing.....................  PL 99-83 Sec 205......       766
  Procurement abroad
    Foreign aid....................  PL 87-195 Sec 604(e)..       307
  Tied aid credit program..........  PL 99-83 Sec 206......       766
Agricultural commodity sales
  (see also Food aid)
  Appropriations authorization.....  PL 92-226 Sec 2.......       901
Agriculture
  Food production
    Research.......................  PL 87-195 Sec 296.....       162
  International Fertilizer
   Development Center
    U.S. participation.............  PL 87-195 Sec 301(f)..       175
  Less-developed countries
    Foreign aid....................  PL 87-195 Sec 222A....       104
  Plant biotechnology research and
   development
    Appropriations, 2006...........  PL 109-102 Title II...       930
  Research.........................  PL 87-195 Sec 103A....        39
    International cooperation......  PL 87-195 Sec 297.....       167
Aid, Trade, and Competitiveness Act  PL 102-549 Sec 301....       741
 of 1992.
Aircraft
  AWACS
    Foreign military sales.........  PL 99-83 Sec 131......       761
Airports (foreign)
  Airport security.................  PL 99-83 Sec 551......       770
    Explosive detection techniques.  PL 99-83 Sec 557......       771
Albert Schweitzer Hospital
  U.S. grants to...................  PL 93-189 Sec 33......       896
Alien employees
  Foreign aid program..............  PL 87-195 Sec 635(f)..       366
Aliens
  Former Soviet Union
    Status adjustment by Attorney    PL 101-167 Sec 599E...      1141
     General.
  North Korean applications for
   political asylum
    Report to Congress.............  PL 108-333 Sec 305....       569
Aliens--Continued
  North Korean applications for
   refugee status
    Report to Congress.............  PL 108-333 Sec 305....       569
  Status adjustment by Attorney      PL 101-167 Sec 599E...      1141
   General.
  Vietnam, Laos, Cambodia
    Status adjustment by Attorney    PL 101-167 Sec 599E...      1141
     General.
Amerasians
  Vietnamese
    Admission to United States.....  PL 100-202 Sec 584....      1149
American National Red Cross
  Assisting in development and
   relief
    Foreign aid funds..............  PL 87-195 Sec 123(b)..        79
American Schools and Hospitals
 Abroad
  Appropriations, 2006.............  PL 109-102 Title II...       930
Andean Counterdrug Initiative
  Appropriations, 2006.............  PL 109-102 Title II...       942
  Secretary of State
    Report to Congress.............  PL 109-102 Title II...       942
Anti-terrorism assistance
  Appropriations authorization.....  PL 87-195 Sec 574.....       298
Apartheid
  U.S. policy toward...............  PL 99-83 Sec 803......       801
Appropriations
  Emergency Supplemental Act, 2000.  PL 106-246............      1070
  Obligations (U.S.)
    Availability and closing.......  31 USC 1552-1555......      1156
    Availability following           31 USC 1558...........      1159
     resolution of protest.
  Remaining balances
    Availability...................  31 USC 1502...........      1155
  Requests for
    Submission to President........  31 USC 1108...........      1153
Appropriations, fiscal year 1984
  Foreign aid programs.............  PL 98-151.............      1151
Appropriations, fiscal year 1988
  Foreign aid programs.............  PL 100-202............      1146
Appropriations, fiscal year 1990
  Foreign aid programs.............  PL 101-167............      1129
Appropriations, fiscal year 1991
  Foreign aid programs.............  PL 101-513............      1118
Appropriations, fiscal year 1993
  Foreign aid programs.............  PL 102-391............      1114
Appropriations, fiscal year 1994
  Foreign aid programs.............  PL 103-306............      1112
Appropriations, fiscal year 1997
  Foreign aid programs.............  PL 104-208............      1101
Appropriations, fiscal year 1999
  Foreign aid programs.............  PL 105-277............      1093
Appropriations, fiscal year 2000
  Continuation of fiscal year 1999   PL 106-113 Note.......      1079
   appropriations.
  Foreign aid programs.............  PL 106-113............      1079
  Rescissions......................  PL 106-113 Note.......      1079
Appropriations, fiscal year 2001
  Foreign aid programs.............  PL 106-429............      1062
Appropriations, fiscal year 2002
  Foreign aid programs.............  PL 107-115............      1060
Appropriations, fiscal year 2003
  Emergency Wartime Supplemental...  PL 108-11.............      1054
  Foreign aid programs.............  PL 108-11.............      1054
Appropriations, fiscal year 2004
  Emergency supplemental for Iraq    PL 108-106............      1042
   and Afghanistan, 2004.
  Foreign aid programs.............  PL 108-199 Division D.      1040
Appropriations, fiscal year 2005
  Emergency supplemental...........  PL 109-13.............      1022
Appropriations, fiscal year 2005--
 Continued
  Foreign aid programs.............  PL 108-447............      1034
Appropriations, fiscal year 2006
  Avian influenza virus............  PL 109-148 Title II...      1017
  Continuing Appropriations, 2006..  PL 109-77.............      1012
  Foreign aid programs.............  PL 109-102............       923
  Rescissions......................  PL 109-148 Title II...      1020
                                     PL 87-195 Note........        25
                                     PL 109-102 Note.......       923
Arab League-U.S. relations
  Boycott of Israel
    Sense of Congress..............  PL 109-102 Sec 535....       972
Arab-Israeli conflict
  (see Middle East)
Arbitration
  Nationalizations
    Foreign aid cut-off............  PL 87-195 Sec                325
                                      620(e)(1).
Armed forces
  (see Military)
Arms control
  Conventional arms transfers
    Negotiations to limit..........  PL 99-83 Sec 129......       759
    Report to Congress.............  PL 99-83 Sec 129......       759
  Conventional weapons
    Developing nations.............  PL 93-559 Sec 51......       892
  Foreign military budgets
    Foreign aid considerations.....  PL 87-195 Sec 620(s)..       331
  Less-developed countries
    Limiting conventional arms       PL 99-83 Sec 129......       759
     transfers to.
  Lethal products
    Review of......................  PL 95-92 Sec 27.......       874
  Military aid considerations......  PL 87-195 Sec 511.....       269
  South Asia
    Findings of Congress...........  PL 87-195 Sec 620F....       344
    Sense of Congress..............  PL 87-195 Sec 620F....       344
  U.S. foreign policy goals........  PL 90-629 Sec 1.......       422
Arms Export Control Act............  PL 90-629.............       420
  Foreign aid......................  PL 87-195 Sec 636(g)..       372
  Foreign Military Sales Act         PL 91-672.............       905
   Amendments of 1971.
  Uranium
    Export of......................  PL 96-533 Sec 110.....       838
Arms sales (U.S.)
  Administration of
    Expenses.......................  PL 90-629 Sec 43......       508
  Appropriations authorization.....  PL 90-629 Sec 31......       440
  Cash sales.......................  PL 90-629 Sec 22......       446
    Presidential determination.....  PL 90-629 Sec 22(b)...       447
  Civilian contract personnel
    Use of.........................  PL 90-629 Sec 42(f)...       508
  Commercial exports
    Agent fees.....................  PL 90-629 Sec 39......       494
    Costs to sell or procure.......  PL 90-629 Sec 30......       462
    Illegal payments...............  PL 94-329 Sec 607.....       885
    Items manufactured by U.S.       PL 90-629 Sec 30......       462
     Government.
    Presidential certification.....  PL 90-629 Sec 36(c)...       477
    Suspension.....................  PL 90-629 Sec 42(e)...       507
  Coproduction outside United        PL 90-629 Sec 42(b)...       507
   States.
  Countries not supporting U.S.
   antiterrorism efforts
    Prohibited transactions........  PL 90-629 Sec 40A.....       504
  Countries supporting
   international terrorism
    Prohibited transactions........  PL 90-629 Sec 40......       496
  Country exemptions
    Bilateral agreements...........  PL 90-629 Sec 38(j)...       492
Arms sales (U.S.)--Continued
  Credit sales.....................  PL 90-629 Sec 23......       449
    Audits on private firms........  PL 90-629 Sec 23(f)...       452
    Available for countries other    PL 90-629 Sec 23(h)...       453
     than Israel and Egypt.
    Interest rates.................  PL 90-629 Sec 23(c)...       452
    Repayment terms................  PL 90-629 Sec 23(b)...       452
    Report to Congress.............  PL 90-629 Sec 23(g)...       452
  Credits
    Repayment......................  PL 96-92 Sec 17(b)....       850
  Developing countries.............  PL 90-629 Sec 1.......       422
  Egypt............................  PL 99-83 Sec 101(d)...       758
  End-use monitoring...............  PL 90-629 Sec 40A.....       505
  Foreign countries eligible.......  PL 90-629 Sec 3.......       425
  Foreign governments
    Authorized uses of.............  PL 90-629 Sec 4.......       434
  Foreign intimidation and           PL 90-629 Sec 6.......       436
   harassment of individuals.
  Foreign persons
    Economic sanctions against.....  PL 90-629 Sec 81......       528
  Grants
    Appropriations, 2006...........  PL 109-102 Title III..       947
  Greece...........................  PL 99-83 Sec 101(e)...       758
  Guarantees to U.S. entities......  PL 90-629 Sec 24......       453
  Haiti
    Eligibility for................  PL 109-102 Sec 549(b).       979
  Impact on U.S. technology
    Presidential determination.....  PL 90-629 Sec 21(k)...       444
  Implementation of................  PL 91-672.............       905
  Incentive payments
    Prohibition on.................  PL 90-629 Sec 39A.....       495
  International controls on........  PL 90-629 Sec 1.......       422
  Israel...........................  PL 99-83 Sec 101(c)...       758
                                     PL 91-672 Sec 5.......       905
    Policy on......................  PL 95-92 Sec 26.......       874
    Report to Congress.............  PL 108-287 1201(c)....       960
  Javits reports...................  PL 90-629 Sec 25......       454
  Jordan...........................  PL 99-83 Sec 130......       760
    Presidential certification.....  PL 99-83 Sec 130(c)...       761
  Leasing
    Authority......................  PL 90-629 Sec 61......       514
    Congressional review...........  PL 90-629 Sec 63......       517
  Licensed production outside        PL 90-629 Sec 42(b)...       507
   United States.
  Licensing requirements
    Country exemptions.............  PL 90-629 Sec 38(j)...       492
  Military construction services...  PL 90-629 Sec 29......       461
  Missiles and missile technology
    Export controls................  PL 90-629 Sec 71......       519
    Transfer of....................  PL 90-629 Sec 71......       519
  NATO/CFE countries
    Definitions....................  PL 90-629 Sec 95......       533
    Report to Congress.............  PL 90-629 Sec 94......       533
    Transfers......................  PL 90-629 Sec 93......       532
  North Atlantic Treaty
   Organization
    Cooperative projects...........  PL 90-629 Sec 27......       458
  Presidential certification.......  PL 90-629 Sec 36(b)...       471
    Published in Federal Register..  PL 90-629 Sec 36(f)...       481
  Presidential waiver..............  PL 90-629 Sec 40(g)...       501
  Procurement contracts
    Competitive pricing............  PL 90-629 Sec 22(d)...       448
  Procurement outside United States  PL 90-629 Sec 42(c)...       507
    Presidential determination.....  PL 90-629 Sec 42(c)...       507
  Prohibited countries.............  PL 90-629 Sec 40(d)...       498
  Regulations......................  PL 90-629 Sec 38......       482
  Reimbursements...................  PL 87-195 Sec 524.....       279
  Report to Congress...............  PL 90-629 Sec 25......       454
Arms sales (U.S.)--Continued
  Report to Congress--Continued
                                     PL 90-629 Sec 36......       468
                                     PL 90-629 Sec 36(b)...       471
                                     PL 99-83 Sec 106......       759
  Sales from stocks................  PL 90-629 Sec 21......       437
  Saudi Arabia
    Presidential certification.....  PL 99-83 Sec 131......       761
  Secretary of State's authority...  PL 90-629 Sec 2.......       424
  Security assistance surveys......  PL 90-629 Sec 26......       457
  Sophisticated weapons
    Presidential determination.....  PL 90-629 Sec 4.......       434
    Restrictions on................  PL 90-629 Sec 4.......       434
  Special Defense Acquisition Fund
    Established....................  PL 90-629 Sec 51......       511
  Training and related support
    Exchange of....................  PL 90-629 Sec 30A.....       463
    Report to Congress.............  PL 90-629 Sec 30A(d)..       463
  Transfers
    Presidential certification.....  PL 90-629 Sec 3(d)....       429
    Report to Congress.............  PL 90-629 Sec 3(d)(3).       431
  Turkey...........................  PL 99-83 Sec 101(f)...       759
  U.N. obligations.................  PL 90-629 Sec 4.......       434
  U.S. Government
    Prohibited transactions........  PL 90-629 Sec 40(a)...       496
  U.S. persons
    Prohibited activities..........  PL 90-629 Sec 72......       520
    Prohibited transactions........  PL 90-629 Sec 40(b)...       498
  Unauthorized use of..............  PL 90-629 Sec 3(c)....       428
  United States Munitions List
    Exports and imports............  PL 90-629 Sec 38......       482
  Waivers
    Report to Congress.............  PL 90-629 Sec 40(g)(2)       502
  Worldwide........................  PL 91-672 Sec 6.......       905
Asia-U.S. relations
  Amerasian children
    Report to Congress.............  PL 99-83 Sec 903(b)...       806
  Foreign aid
    Disadvantaged children.........  PL 87-195 Sec 241.....       148
  Foreign Military Financing
   Program
    Regional security..............  PL 109-102 Sec 591....      1002
  Trade
    United States Commercial         PL 102-549 Sec 401....       743
     Centers.
Asian Development Bank
  Appropriations authorization.....  PL 93-189 Sec 28......       895
  Program review, evaluation, and    PL 87-195 Sec                174
   audit.                             301(e)(2).
Asian Development Fund
  Appropriations, 2006.............  PL 109-102 Title IV...       950
  Tenth replenishment authorization  PL 109-102 Sec 599C...      1008
Assistance (U.S.)
  Taxation of
    Prohibition on.................  PL 109-102 Sec 506....       953
Assistance for Orphans and Other     PL 109-95.............       554
 Vulnerable Children in Developing
 Countries Act of 2005.
Australia-U.S. relations
  Designation as a major non-NATO    PL 87-195 Sec 517(b)..       278
   ally.
Avian influenza virus
  Emergency supplemental...........  PL 109-13 Sec 4104....      1033
                                     PL 109-148 Title II...      1017
AWACS
  Saudi Arabia
    Presidential certification.....  PL 99-83 Sec 131......       761

                                    B

Bahrain-U.S. relations
  Establishing categories for        PL 101-167 Sec 581....      1137
   refugee determinations.
  Stinger missiles
    Restrictions on................  PL 101-167 Sec 581....      1137
Baltic States-U.S. relations
  Foreign aid, 2006................  PL 109-102 Title II...       936
Banks (foreign)
  Developing countries
    U.S. technical assistance......  PL 87-195 Sec 129.....        84
Banks (international)
  (see individual institutions)
  (see International financial
   institutions)
  (see Multilateral development
   banks (MDBs))
  (see World Bank)
Berlin
  (see Germany-U.S. relations)
Biological diversity
  Agency for International
   Development
    Country analysis requirements..  PL 87-195 Sec 119(d)..        75
  Appropriations special             PL 109-102 Sec 534(b).       969
   authorities.
  Protection of
    Agency for International         PL 87-195 Sec 119(g)..        75
     Development.
    Foreign aid....................  PL 87-195 Sec 119.....        74
    Private and voluntary            PL 87-195 Sec 119(f)..        75
     organizations.
Blue Lantern Program
  Export and import controls.......  PL 90-629 Sec 38(g)(7)       491
Bolivia-U.S. relations
  Drug control
    Supplemental appropriations,     PL 106-246 Title III..      1070
     2000.
  Foreign aid
    Conditions for.................  PL 99-83 Sec 611......       773
  Human rights
    Prosecuting violators..........  PL 109-102 Title II...       943
  Military and police
    Judicial cooperation...........  PL 109-102 Title II...       943
    Respect for human rights.......  PL 109-102 Title II...       943
Bosnia and Herzegovina-U.S.
 relations
  Determination and certification..  PL 109-102 Title II...       936
  Economic revitalization
    Foreign aid restrictions.......  PL 109-102 Title II...       936
    Foreign aid, 2006..............  PL 109-102 Title II...       936
  Peace agreement compliance.......  PL 109-102 Title II...       936
Broadcasting, international
  Supplemental appropriations, 2005  PL 109-13 Title II....      1024
Brooke-Alexander amendment
  Foreign aid restrictions
    Exceptions.....................  PL 109-102 Sec 512....       956
Brownback amendment................  PL 87-195 Sec                340
                                      620E(e)(1)-(4).
Bumpers amendment..................  PL 109-102 Sec 513(b).       957
Burma-U.S. relations
  Democracy support
    Appropriations, 2006...........  PL 109-102 Sec 526....       964
  Democratization
    Report to Congress.............  PL 104-208 Sec 570(d).      1103
  Economic Support Fund
    Appropriations, 2006...........  PL 109-102 Sec 526....       964
  Foreign aid programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Foreign aid restrictions.........  PL 104-208 Sec 570....      1102
  HIV/AIDS programs and activities
    Appropriations, 2006...........  PL 109-102 Sec 526....       964
  International loans
    Opposition to..................  PL 109-102 Sec 526....       964
Burma-U.S. relations--Continued
  Loans from international
   financial institutions
    U.S. opposition to.............  PL 109-102 Sec 526....       964
  Migration and refugee assistance
    Appropriations, 2006...........  PL 109-102 Sec 526....       964
  Refugees
    Appropriations, 2006...........  PL 109-102 Sec 526....       964

 
                                    C

Cambodia-U.S. relations
  (see also Indochina War)
  Aid prohibition..................  PL 95-424 Sec 602.....       867
  Aliens in the United States
    Status of......................  PL 106-429 Sec 586....      1062
  Defense commitment of United       PL 91-652 Sec 7.......       904
   States.
  Disaster assistance..............  PL 87-195 Sec 495H....       221
  Foreign aid......................  PL 99-83 Sec 905......       807
    Notification requirements......  PL 109-102 Sec 520....       961
    Prohibited.....................  PL 96-533 Sec 717.....       849
  Foreign aid, 2006
    Restrictions on................  PL 109-102 Sec 554....       980
  Khmer Rouge
    Foreign aid prohibition........  PL 99-83 Sec 906......       807
Canada-U.S. relations
  Airports.........................  PL 94-329 Sec 608.....       886
  Livestock exports to the United    PL 99-83 Sec 721......       788
   States.
  Timber exports to the United       PL 99-83 Sec 721......       788
   States.
Capital
  Social Progress Trust Fund
    Transfers from.................  PL 93-189 Sec 36......       897
Capital projects
  Agency for International
   Development
    Credit guarantees..............  PL 102-549 Sec 307....       743
  Developing countries
    Report to Congress.............  PL 102-549 Sec 305....       742
  Financing of.....................  PL 102-549 Sec 306....       743
Capital stock
  African Development Bank
    U.S. subscription limitation...  PL 109-102 Title IV...       950
  European Bank for Reconstruction
   and Development
    U.S. subscription limitation...  PL 109-102 Title IV...       950
  Multilateral Investment Guarantee
   Agency
    Appropriation, 2006............  PL 109-102 Title IV...       949
Caribbean (eastern)-U.S. relations
  Foreign aid
    Report to Congress.............  PL 96-533 Sec 313.....       839
Caribbean area
  International Advisory Commission  PL 99-83 Sec 714......       785
   for the Caribbean Region.
  Rural electrification program
    Sense of Congress..............  PL 99-83 Sec 716......       787
Caribbean Development Bank
  Bank loans
    Assumption of..................  PL 96-533 Sec 315.....       839
  Puerto Rican membership..........  PL 93-559 Sec 52......       892
Caribbean-U.S. relations
  Drug control
    Supplemental appropriations,     PL 106-246 Title III..      1070
     2000.
  Hurricane relief assistance......  PL 87-195 Sec 495G....       221
Central America Democracy, Peace,
 and Development Initiative
  Appropriations authorization.....  PL 87-195 Sec 465.....       187
  Findings of Congress.............  PL 87-195 Sec 461.....       184
Central America Democracy, Peace,
 and Development Initiative--
 Continued
  Peace in Central America.........  PL 87-195 Sec 463.....       185
Central America-U.S. relations
  Countries
    Defined........................  PL 87-195 Sec 466.....       188
  Foreign aid
    Appropriations, 2006...........  PL 109-102 Sec 576....       994
    Central American Development     PL 87-195 Sec 464.....       186
     Organization.
    Conditions for.................  PL 87-195 Sec 462.....       185
    Coordination of................  PL 87-195 Sec 464.....       186
  Peace process
    Requests for additional aid....  PL 99-83 Sec 722(k)...       796
  Refugee assistance...............  PL 87-195 Sec 495I....       222
  Trade Credit Insurance Program...  PL 87-195 Sec 224.....       109
Central American Development
 Organization
  Establishment of.................  PL 87-195 Sec 464.....       186
Central Asia-U.S. relations
  Foreign aid
    Determination on...............  PL 109-102 Sec 587....      1000
    Human rights conditions........  PL 109-102 Sec 587....      1000
Chemical or biological weapons
  Export controls..................  PL 90-629 Sec 81......       528
  Proliferation controls...........  PL 87-195 Sec 581.....       300
Chemical warfare
  Condemnation of..................  PL 97-113 Sec 716.....       825
Chiefs of diplomatic missions
  Authority........................  PL 90-629 Sec 2.......       424
    Foreign aid....................  PL 87-195 Sec 622.....       349
                                     PL 87-195 Sec 631.....       356
Child survival activities
  Agency for International
   Development
    Reimbursement of expenses......  PL 109-102 Sec 522....       962
  Foreign aid
    Funding availability exceptions  PL 109-102 Sec 522....       962
  Health care
    Appropriations, 2006...........  PL 109-102 Sec 522....       962
  Neglected diseases...............  PL 109-102 Sec 593....      1003
Child Survival and Health Programs
 Fund
  Appropriations, 2006.............  PL 109-102 Title II...       927
  Foreign aid funds restrictions...  PL 109-102 Sec 548....       978
Children
  Asia
    Foreign aid....................  PL 87-195 Sec 241.....       148
  Displaced, orphans, abandoned....  PL 109-102 Sec 594....      1003
  Health care
    Promoting immunization and oral  PL 99-529 Sec 101.....       751
     rehydration.
  HIV/AIDS assistance
    Coordination of................  PL 87-195 Sec 135(e)..        95
    Findings of Congress...........  PL 108-25 Sec 311.....       632
  Orphans and vulnerable...........  PL 109-95.............       554
                                     PL 87-195 Sec 135.....        93
    Report to Congress.............  PL 109-95 Sec 5.......       557
    Special advisor for assistance.  PL 87-195 Sec 135(e)..        95
    Strategy for U.S. assistance...  PL 109-95 Sec 4.......       557
  Trafficking victims
    Findings of Congress...........  PL 108-193 Sec 2......       728
                                     PL 106-386 Sec 102(b).       687
Children's Medical Relief
 International
  Foreign aid......................  PL 87-195 Sec 214(d)..       100
Chile-U.S. relations
  Foreign aid
    Restrictions on................  PL 94-161 Sec 320.....       887
  Human rights.....................  PL 93-189 Sec 35......       897
Chile-U.S. relations--Continued
  U.S. aid and sales
    Conditions on..................  PL 97-113 Sec 726.....       830
China (Republic of)
  (see Taiwan-U.S. relations)
  North Korean refugees
    Access by United Nations High    PL 108-333 Sec 304....       568
     Commission for Refugees.
  Overseas Private Investment
   Corporation
    Presidential determination.....  PL 87-195 Sec 239(f)..       143
China-U.S. relations
  University programs
    Promoting democracy in.........  PL 109-102 Sec 534(i).       970
    Workers rights.................  PL 87-195 Sec                120
                                      231A(a)(4).
  United Nations Population Fund
    Funding prohibition............  PL 109-102 Sec 560....       985
Claims
  (see also Foreign Claims
   Settlement Commission)
  Foreign aid
    Fraudulent.....................  PL 87-195 Sec 640A....       373
    Patents or technical             PL 87-195 Sec 606.....       309
     information violations.
  Investment disputes..............  PL 87-195 Sec 635(i)..       367
Coal
  Federal Coal Export Commission...  PL 99-83 Sec 1304.....       813
Collective security
  (see Mutual defense)
Colombia-U.S. relations
  Aerial fumigation program
    Certification..................  PL 109-102 Title II...       943
    Foreign aid, 2006..............  PL 109-102 Title II...       943
  Armed Forces
    Certification to Congress......  PL 106-246 Sec 3201...      1071
    Determination and certification  PL 109-102 Sec 556....       982
    Report to Congress.............  PL 109-102 Sec 556(b).       983
  Biodiversity and indigenous
   reserves
    Foreign aid, 2006..............  PL 109-102 Title II...       943
  Child soldiers demobilization
    Supplemental appropriations,     PL 106-246 Title III..      1070
     2000.
  Colombian Armed Forces
    Foreign aid cessation..........  PL 109-102 Title II...       942
  Colombian National Park Service
    Foreign aid, 2006..............  PL 109-102 Title II...       943
  Demobilization and disarmament of  PL 109-102 Sec 599E...      1010
   former irregular combatants.
  Drug control
    Alternative development........  PL 109-102 Title II...       942
  Drug control strategy
    Report to Congress.............  PL 106-246 Sec 3202...      1073
  Foreign aid
    Certification to Congress......  PL 106-246 Sec 3201...      1071
                                     PL 106-246 Sec 3207...      1078
  Foreign terrorist organizations
    Demobilization of..............  PL 109-102 Title II...       942
  Helicopters for Army and Police
    Supplemental appropriations,     PL 106-246 Title III..      1070
     2000.
  Human rights
    Certification to Congress......  PL 106-246 Sec 3201...      1071
  Illegal armed groups
    Visa denial....................  PL 109-102 Sec 557....       983
  Judicial reform programs
    Appropriations, 2006...........  PL 109-102 Title II...       943
  Narcotics control................  PL 96-533 Sec 402(c)..       841
  Persons aiding paramilitary
   groups
    Visa denial....................  PL 106-246 Sec 3205...      1077
Colombia-U.S. relations--Continued
  Plan Colombia
    Limitations on support for.....  PL 106-246 Sec 3204...      1074
  Population planning
    Funding limitation.............  PL 106-246 Sec 3206...      1077
  Terrorist organizations..........  PL 109-102 Title II...       942
  U.S. military personnel
    Assignment limitation..........  PL 106-246 Sec 3204(b)      1075
    Assignment limitation waiver...  PL 106-246 Sec 3204(c)      1076
  Visas
    Waivers........................  PL 109-102 Sec 557(b).       983
Commission for the Preservation of   PL 99-83 Sec 1303.....       811
 America's Heritage Abroad.
Commodities
  Surplus
    Opposing production of.........  PL 109-102 Sec 514....       957
Commodity Import Program
  Egypt
    Appropriations, 2006...........  PL 109-102 Title II...       934
Communist countries-U.S. relations
  Foreign aid
    Countries specified............  PL 87-195 Sec 620(f)..       327
    Funding prohibition............  PL 87-195 Sec 620(f)..       327
Competition
  (see Private enterprise)
Comprehensive Nuclear Test Ban
 Treaty Preparatory Commission
  U.S. contribution to.............  PL 109-102 Title II...       945
Comprehensive Peace in Sudan Act of  PL 108-497............       671
 2004.
  Definitions......................  PL 108-497 Sec 2......       671
Comptroller General of the United
 States
  (see General Accounting Office)
Conciliators
  (see Arbitration)
Congo, Democratic Republic of-U.S.
 relations
  IMET
    Report to Congress.............  PL 109-102 Title III..       947
Congress
  (see also Reports to Congress)
  Foreign aid
    Termination of assistance......  PL 87-195 Sec 617.....       321
  Requests for information
    Foreign aid....................  PL 87-195 Sec 633A....       360
  Senate procedure.................  PL 94-329 Sec 601.....       883
  State Department
    Oversight of...................  PL 92-226 Sec 407.....       902
Contingency fund
  Appropriations authorization.....  PL 87-195 Sec 451.....       183
    Report to Congress.............  PL 87-195 Sec                184
                                      451(a)(2).
Contracts repudiated by foreign
 governments
  Foreign aid cut-off..............  PL 87-195 Sec                325
                                      620(e)(1)(B).
Cooperative research and
 development programs
  Non-NATO allies
    Lending equipment and supplies.  PL 90-629 Sec 65......       518
Copyrighted materials
  Piracy of........................  PL 109-102 Sec 597....      1005
Countries (foreign)-U.S. relations
  Agricultural commodities
    Competing with United States...  PL 109-102 Sec 513(b).       957
  Assistance to Cuba
    Report to Congress.............  PL 87-195 Sec                333
                                      620(y)(3).
    Withholding foreign aid........  PL 87-195 Sec 620(y)..       333
  Candidate countries
    Eligibility determination......  PL 108-199 Sec 607....       576
    Identification of..............  PL 108-199 Sec 608....       578
Countries (foreign)-U.S. relations--
 Continued
  Candidate countries for
   assistance
    Low income.....................  PL 108-199 Sec 606....       575
    Lower middle income............  PL 108-199 Sec 606(b).       576
  Civil conflict and war
    Reconciliation programs........  PL 109-102 Sec 568....       991
  Commodities
    Competing with United States...  PL 109-102 Sec 513....       957
  Community-based police assistance  PL 109-102 Sec 564....       988
    Report to Congress.............  PL 109-102 Sec 564(b).       988
  Debt buybacks or sales
    Presidential authority.........  PL 109-102 Sec 566....       990
  Debt relief
    Presidential authority.........  PL 109-102 Sec 565....       989
  Designation of major non-NATO      PL 87-195 Sec 517.....       278
   allies.
    Initial designations...........  PL 87-195 Sec 517(b)..       278
  Environment programs
    Appropriations, 2006...........  PL 109-102 Sec 585....       998
  High income
    Military aid prohibitions......  PL 87-195 Sec 546.....       291
  Human rights violations
    Assistance limitations.........  PL 109-102 Sec 551....       980
  Intellectual property
    International protection of....  PL 103-392 Sec 501....       738
  Least developed..................  PL 100-461 Sec 572....      1144
  Lethal weapons exports
    Foreign aid funding prohibition  PL 109-102 Sec 542....       975
  Loans from IFIs
    Auditing funds and receipts....  PL 104-208 Sec 576....      1104
  Major drug transit
    Determination..................  PL 87-195 Sec 490(h)..       213
  Major illicit drug producing
    Determination..................  PL 87-195 Sec 490(h)..       213
  Major non-NATO allies
    Standardization agreements.....  PL 90-629 Sec 21(g)...       442
  Military aid
    Eligibility....................  PL 107-327 Sec 203....       659
    Prohibitions...................  PL 87-195 Sec 546.....       291
  Military training
    Records keeping................  PL 87-195 Sec 548.....       291
    Report to Congress.............  PL 109-102 Sec 552....       980
  Nonproliferation and export
   controls
    Training personnel.............  PL 87-195 Sec 584.....       301
  Nuclear enrichment transfers
    Aid prohibition................  PL 90-629 Sec 101.....       534
  Nuclear reprocessing transfers
    Aid prohibition................  PL 90-629 Sec 102.....       535
  Nuclear transfers and detonations
    U.S. policy on.................  PL 97-113 Sec 737.....       836
  Parking fines
    Foreign aid reduction..........  PL 109-102 Sec 543....       975
  Political prisoners
    Foreign aid denial.............  PL 93-189 Sec 32......       896
  Practice of female genital
   mutilation
    Opposing loans to..............  PL 104-208 Sec 579....      1105
  Promoting good governance
    Combating corruption...........  PL 87-195 Sec 133.....        89
    Foreign aid....................  PL 87-195 Sec 133.....        89
    Projects and activities........  PL 87-195 Sec 133(b)..        90
    Report to Congress.............  PL 87-195 Sec 133(d)..        91
    Transparency and accountability  PL 87-195 Sec 133.....        89
  Real property taxes
    Foreign aid reduction..........  PL 109-102 Sec 543....       975
  Reconciliation programs
    Appropriations, 2006...........  PL 109-102 Sec 568....       991
  Restricting humanitarian
   assistance
    Foreign aid prohibition........  PL 87-195 Sec 620I....       347
Countries (foreign)-U.S. relations--
 Continued
  Security forces
    Assistance limitations.........  PL 109-102 Sec 551....       980
  Stockpiling of defense articles
    Conditions on using............  PL 87-195 Sec 514.....       269
  Supporting U.S. policies
    Report to Congress.............  PL 106-429 Sec 803(b).      1067
  Terrorism sponsors
    Civil liability................  PL 104-208 Sec 589....      1107
  Trade capacity building
    Appropriations, 2006...........  PL 109-102 Title II...       929
  Trafficking Victims Protection
   Act of 2000
    Foreign aid....................  PL 87-195 Sec 134.....        92
  Training of journalists
    Appropriations, 2006...........  PL 109-102 Title II...       941
Courts
  Act of state doctrine
    Presidential determination.....  PL 87-195 Sec                326
                                      620(e)(2).
  Venue
    Overseas Private Investment      PL 87-195 Sec 239(a)..       141
     Corporation.
Cuba-Russia relations
  Intelligence
    Collection of..................  PL 87-195 Sec 498A(d).       239
Cuba-U.S. relations
  Drug control.....................  PL 99-83 Sec 617......       775
  Drug trafficking
    Findings of Congress...........  PL 99-83 Sec 617......       775
  Foreign aid
    Direct funding prohibition.....  PL 109-102 Sec 507....       954
    Prohibited.....................  PL 96-533 Sec 717.....       849
                                     PL 95-424 Sec 602.....       867
  Foreign aid programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Foreign aid prohibition..........  PL 87-195 Sec 620(a)..       323
  Human rights
    Sense of Congress..............  PL 99-83 Sec 718......       787
  Intelligence facilities
    Support by former Soviet Union.  PL 87-195 Sec 498A(d).       239
  Refugees
    Deportation of.................  PL 96-533 Sec 716.....       849
    Findings of Congress...........  PL 96-533 Sec 715.....       848
Currencies (foreign)
  (see also Agricultural commodity
   sales)
  Counterpart funds
    Military activities............  PL 93-189 Sec 40......       899
  Educational and cultural exchange  PL 87-195 Sec 612.....       612
   programs.
  Foreign aid......................  PL 87-195 Sec 636.....       368
    Accounting.....................  PL 87-195 Sec 613.....       318
    Military activities............  PL 93-189 Sec 40......       899
    Presidential authorities.......  PL 87-195 Sec 614.....       319
    Special authority..............  PL 87-195 Sec 648.....       381
  Inconvertibility
    Overseas Private Investment      PL 87-195 Sec                124
     Corporation insurance.           234(a)(1)(A).
  Maximum use of...................  PL 87-195 Sec 612.....       612
  Social Progress Trust Fund.......  PL 93-189 Sec 36......       897
Cyprus-Turkey relations
  Settlement of conflict...........  PL 99-83 Sec 101(f)...       759
Cyprus-U.S. relations
  Eastern Mediterranean policy.....  PL 95-384 Sec 13......       868
  Economic Support Fund............  PL 99-83 Sec 203......       765
    Appropriations, 2006...........  PL 109-102 Title II...       934
  Foreign aid......................  PL 87-195 Sec 495.....       218
Cyprus-U.S. relations--Continued
  Negotiations with Turkey.........  PL 87-195 Sec 620(x)..       332
    Report to Congress.............  PL 87-195 Sec                333
                                      620(x)(2).
  Settlement of conflict             PL 87-195 Sec 620C....       337

 
                                    D

Debt-for-development
  Nongovernmental organizations
    Interest bearing accounts......  PL 109-102 Sec 528....       965
    Local currency investing.......  PL 109-102 Sec 528....       965
Debts (foreign)
  Agricultural Trade Development
   and Assistance Act of 1954
    Reduction of...................  PL 87-195 Sec 807.....       411
  Buybacks or sales
    Presidential authority.........  PL 109-102 Sec 566....       990
                                     PL 109-102 Sec 566....       990
  Cancellation of
    Report to Congress.............  PL 106-113 Sec 501(j).      1090
  Commodity credits
    Reduction of...................  PL 87-195 Sec 807.....       411
  Concessional loans
    Reduction of...................  PL 87-195 Sec 806.....       409
  Debt relief                        PL 109-102 Sec 565....
    Paris Club Agreed Minutes......  PL 109-102 Sec 565(b).       989
    Presidential authority.........  PL 109-102 Sec 565....       989
  Debt-for-nature exchanges........  PL 87-195 Ch 7........       188
                                     PL 87-195 Sec 802.....       407
    Assistance from the Agency for   PL 87-195 Ch 7........       188
     International Development.
    Authority for..................  PL 87-195 Sec 808.....       412
    Eligible countries.............  PL 87-195 Ch 7........       189
    Eligible loans and credits.....  PL 87-195 Sec 808(a)..       412
    Eligible projects..............  PL 87-195 Ch 7........       189
    Sub-Saharan Africa.............  PL 87-195 Ch 7........       190
    Terms and conditions...........  PL 87-195 Ch 7........       190
  Egypt
    Report to Congress.............  PL 99-83 Sec 1205.....       809
  Enhanced HIPC Initiative
    Appropriations authorization...  PL 108-25 Sec 503.....       642
    HIV/AIDS related programs        PL 108-25 Sec 501.....       641
     requirements.
    Inclusion of non-eligible poor   PL 108-25 Sec 502.....       641
     countries.
    Modification of................  PL 108-25 Sec 501.....       641
  Foreign Assistance Act of 1961
    Reduction of...................  PL 87-195 Sec 806.....       409
  Forgiveness
    Enhanced HIPC Initiative.......  PL 108-25 Sec 501.....       641
    HIPC Initiative................  PL 106-429 Sec 801....      1064
  Israel
    Report to Congress.............  PL 99-83 Sec 1205.....       809
  Latin America
    Report to Congress.............  PL 99-83 Sec 719......       788
  Portugal
    Report to Congress.............  PL 99-83 Sec 1205.....       809
  Reduction of
    Authority to reduce............  PL 87-195 Sec 806.....       409
    Cancellation of................  PL 106-113 Sec 501....      1088
    Eligible countries.............  PL 106-113 Sec 501(d).      1089
    Exceptions.....................  PL 106-113 Sec 501(f).      1089
    Funding multilateral debt        PL 106-113 Sec 503....      1091
     relief.
    Implementation of..............  PL 87-195 Sec 704(a)..       399
    Payment of principal...........  PL 87-195 Sec 705.....       400
    Presidential authority.........  PL 87-195 Sec 704(a)..       399
Debts (foreign)--Continued
  Reduction of--Continued
    Presidential authority--
     Continued
                                     PL 109-102 Sec 565....       989
  Settlement of....................  PL 94-161 Sec 321.....       888
  Turkey
    Report to Congress.............  PL 99-83 Sec 1205.....       809
Defense articles
  Commercial leasing of
    Presidential determination.....  PL 109-102 Sec 510....       955
Defense, Department of
  Department of Defense
   Appropriations Act, 2005
    Foreign aid provisions.........  PL 109-148............      1017
Defense, Secretary of
  Military aid administration......  PL 87-195 Sec 623.....       350
Democracy
  Countries with significant Muslim
   populations
    Supporting programs............  PL 109-102 Title II...       941
  Transition initiatives
    Appropriations, 2006...........  PL 109-102 Title II...       930
Democracy Fund
  Appropriations, 2006.............  PL 109-102 Title II...       940
Department of Defense
  (see Defense, Department of)
Desalting plant
  Israel
    Development of.................  PL 87-195 Sec 219.....       100
Developing countries
  Abortions
    Foreign aid funding for          PL 109-102 Title II...       928
     alternatives.
  Agency for International
   Development
    Capital projects...............  PL 102-549 Sec 302....       741
  Arms sales to
    U.S. foreign policy objectives.  PL 90-629 Sec 1.......       422
  Central banks
    U.S. technical assistance        PL 87-195 Sec 129.....        84
     program.
  Cooperatives
    Foreign aid....................  PL 87-195 Sec 111.....        62
                                     PL 87-195 Sec 123(h)..        80
  Foreign aid
    Infant feeding practices.......  PL 97-113 Sec 301(b)..       820
    Integrating assistance programs  PL 87-195 Sec 104(d)..        45
  Foreign governments and banks
    U.S. technical assistance        PL 87-195 Sec 129.....        84
     program.
  Health care
    Promoting immunization and oral  PL 99-529 Sec 101.....       751
     rehydration.
  Housing and shelter
    Domestic construction            PL 87-195 Sec 221.....       102
     capabilities.
  Least developed
    Foreign aid....................  PL 87-195 Sec 124.....        81
  Loan guarantees
    Appropriations, 2006...........  PL 109-102 Title II...       931
  Microenterprise development
    Grant assistance...............  PL 87-195 Sec 251.....       149
  Microenterprises
    Foreign aid....................  PL 109-102 Title II...       931
  Natural resources
    Foreign aid....................  PL 87-195 Sec 118(c)..        72
  Private and voluntary
   organizations
    Participation..................  PL 87-195 Sec 123.....        78
  Private enterprise
    Loan guarantees................  PL 87-195 Sec 256.....       153
  Regional programs
    Foreign aid....................  PL 87-195 Sec 209(b)..        98
Developing countries--Continued
  Secretary of Treasury
    Technical assistance program...  PL 87-195 Sec 129.....        84
  Tropical forests
    Conservation of................  PL 87-195 Sec 802.....       407
    Eligibility for benefits.......  PL 87-195 Sec 805.....       409
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......       784
  International Advisory Commission  PL 99-83 Sec 714......       785
   for the Caribbean Region.
  Israel
    Water desalting plant..........  PL 87-195 Sec 219.....       100
  Millennium Challenge Corporation.  PL 108-199 Sec 602....       571
  Presidential Task Force on         PL 99-83 Sec 713(c)...       785
   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....       374
Development Fund for Africa
  Appropriations authorization.....  PL 87-195 Sec 497.....       230
Development Loan Committee
  Establishment of.................  PL 87-195 Sec 122(e)..        78
Diego Garcia
  (see Indian Ocean)
Diplomatic and consular programs
  Rescission, 2006.................  PL 109-148 Title III..      1020
Disaster assistance
  (see also Foreign aid)
  Africa...........................  PL 87-195 Sec 495K....       224
  Foreign aid......................  PL 87-195 Sec 491-495H       214
    Appropriations authorization...  PL 87-195 Sec 492(a)..       214
    Borrowing authority............  PL 87-195 Sec 492(b)..       217
  International
    Appropriations, 2006...........  PL 109-102 Title II...       930
  Lebanon..........................  PL 87-195 Sec 495J....       223
  Nicaragua........................  PL 87-195 Sec 494.....       217
  Pakistan.........................  PL 87-195 Sec 494.....       217
Discrimination
  Against U.S. persons
    Foreign aid restrictions.......  PL 87-195 Sec 666.....       394
    Military aid restrictions......  PL 87-195 Sec 505(g)..       263
    Military sales restrictions....  PL 90-629 Sec 5.......       434
    Report to Congress.............  PL 87-195 Sec 505(g)..       263
                                     PL 90-629 Sec 5.......       434
Drug control
  Aerial eradication
    Herbicides.....................  PL 87-195 Sec 481(d)..       193
  Afghanistan
    Counternarcotics efforts.......  PL 107-327 Sec               647
                                      103(a)(3).
    Opium producing areas..........  PL 107-327 Sec 105....       655
    Report to Congress.............  PL 107-327 Sec 207....       664
  Aircraft records retention.......  PL 87-195 Sec 485.....       202
  Andean Counterdrug Initiative
    Appropriations, 2006...........  PL 109-102 Title II...       942
  Appropriations authorization.....  PL 87-195 Sec 482.....       196
  Colombia
    Anti-narcotics program.........  PL 96-533 Sec 402(c)..       841
    U.S. personnel involved........  PL 106-246 Sec 3204(f)      1076
  Contribution by recipient country  PL 87-195 Sec 482(c)..       199
Drug control--Continued
  Countries failing to control
    Reallocation of assistance       PL 87-195 Sec 486.....       202
     funds.
  Crop eradications
    Reimbursement prohibition......  PL 87-195 Sec 483.....       200
  Cuba
    Findings of Congress...........  PL 99-83 Sec 617......       775
  Decertified countries
    Foreign aid denial.............  PL 87-195 Sec 490(e)..       212
  Foreign aid
    Certification procedures.......  PL 87-195 Sec 490.....       208
    Prohibition on using to acquire  PL 87-195 Sec 488.....       203
     real property.
    Report to Congress.............  PL 87-195 Sec 489.....       204
                                     PL 87-195 Sec 489(b)..       207
    Weapons and ammunition           PL 87-195 Sec 482(b)..       199
     procurement restrictions.
    Withholding of.................  PL 87-195 Sec 490.....       208
  Foreign countries
    Coordinating U.S. assistance     PL 87-195 Sec 481(b)..       192
     activities.
    Major drug transit               PL 87-195 Sec 490(h)..       213
     determination.
  Foreign governments use of U.S.
   aircraft
    Control of.....................  PL 87-195 Sec 484(b)..       201
    Leasing requirement............  PL 87-195 Sec 484.....       201
    Report to Congress.............  PL 87-195 Sec 484(c)..       202
  Foreign policing activities
    U.S. participation.............  PL 87-195 Sec 481(c)..       193
  Illicit narcotics production
    Alternative economic             PL 87-195 Sec 126.....        82
     development programs.
  International illicit narcotics
    Reobligation of funds..........  PL 97-113 Sec 502.....       821
    Sense of Congress..............  PL 87-195 Sec 481.....       191
  International Law Enforcement
   Academies
    Appropriations, 2006...........  PL 109-102 Title II...       941
  International narcotics
    Definitions....................  PL 87-195 Sec 481(e)..       194
  International Narcotics Control    PL 87-195 Sec 489(a)..       204
   Strategy Report.
  Jamaica
    Economic Support Fund..........  PL 99-83 Sec 610......       772
  Latin America
    Establishing a regional          PL 99-83 Sec 615......       775
     organization.
    Military equipment transfers...  PL 101-167 Sec 573(f).      1136
    Transfer of funds appropriated.  PL 101-167 Sec 569(d).      1134
  Narcotics interdictions
    Appropriations, 2006...........  PL 109-102 Title II...       941
  Narcotics traffickers extradition
    Report to Congress.............  PL 106-246 Sec 3203...      1074
  Peru.............................  PL 99-83 Sec 612......       774
  Plan Colombia
    Definition.....................  PL 106-246 Sec 3204(h)      1077
    Limitations on assignment of     PL 106-246 Sec 3204(b)      1075
     U.S. military personnel.
    Limitations on support for.....  PL 106-246 Sec 3204...      1074
    Report to Congress.............  PL 106-246 Sec 3204(e)      1076
  Secretary of State
    Use of funds appropriated......  PL 109-102 Title II...       941
  Traffickers
    Accessing foreign bank accounts  PL 99-83 Sec 619......       776
    Aid prohibition................  PL 87-195 Sec 487.....       203
  U.S. military and civilian
   personnel in Colombia
    Report to Congress.............  PL 106-246 Sec 3204(f)      1076
  Using aircraft
    Providing defensive weapons....  PL 99-83 Sec 607......       772

                                    E

East Timor-U.S. relations
  Relief for
    Sense of Congress..............  PL 96-533 Sec 408.....       841
Economic aid
  (see Foreign aid)
Economic Support Fund..............  PL 87-195 Ch 4 Note...       280
  Administration of justice
    Assistance in support of.......  PL 87-195 Sec 534.....       285
                                     PL 108-199 Sec 536....      1041
  Afghanistan......................  PL 99-83 Sec 904......       806
  Appropriations authorization.....  PL 87-195 Sec 532.....       282
  Appropriations, 2006.............  PL 109-102 Title II...       934
  Authority........................  PL 87-195 Sec 531.....       281
    Secretary of State.............  PL 87-195 Sec 531(b)..       281
  Commodity Import Program
    Africa.........................  PL 99-83 Sec 801......       799
    Minimum allowance for..........  PL 97-113 Sec 203.....       820
  Cyprus...........................  PL 99-83 Sec 203......       765
    Appropriations, 2006...........  PL 109-102 Title II...       934
  Egypt............................  PL 99-83 Sec 202(b)...       765
                                     PL 95-92 Sec 9........       872
    Appropriations, 2005...........  PL 109-102 Title II...       934
  Emergency assistance.............  PL 87-195 Sec 533.....       285
  Funds available for minority       PL 99-83 Sec 315......       768
   enterprises.
  Iraq
    Appropriations, 2006...........  PL 109-102 Title II...       935
    Marla Ruzicka Iraqi War Victims  PL 109-102 Title II...       935
     Fund.
                                     PL 109-13 Sec 2108....      1029
  Israel...........................  PL 99-83 Sec 202......       764
    Appropriations, 2006...........  PL 109-102 Title II...       934
  Jordan
    Appropriations, 2006...........  PL 109-102 Title II...       934
  Lebanon
    Appropriations, 2006...........  PL 109-102 Title II...       935
  Nuclear facilities
    Funding restrictions...........  PL 99-83 Sec 207......       767
  Portugal.........................  PL 99-83 Sec 204......       766
  Sierra Leone Special Court
    Appropriations, 2006...........  PL 109-102 Title II...       935
  Southern Africa..................  PL 99-83 Sec 802......       800
  Timor-Leste
    Appropriations, 2006...........  PL 109-102 Title II...       935
  Tunisia..........................  PL 99-83 Sec 805......       802
  Turkey
    Supplemental authorization,      PL 96-92 Sec 27.......       852
     1979.
  West Bank and Gaza
    Appropriations, 2006...........  PL 109-102 Title II...       935
  Zaire............................  PL 99-83 Sec 804......       802
Ecuador-U.S. relations
  Drug control
    Supplemental appropriations,     PL 106-246 Title III..      1070
     2000.
Education
  Foreign aid
    Appropriations authorization...  PL 87-195 Sec 105.....        56
  International University for the
   Americas
    Report to Congress.............  PL 102-549 Sec 604....       746
  Schools (abroad)
    Sponsored by U.S. citizens.....  PL 87-195 Sec 214.....        99
Education and human resources
  Developmental assistance
    Appropriations authorization...  PL 87-195 Sec 105.....        56
Educational and cultural exchange
  Foreign currencies...............  PL 87-195 Sec 612.....       612
    From arms sales................  PL 87-195 Sec 505(f)..       262
Egypt-Israel relations
  Peace process....................  PL 99-83 Sec 1206.....       809
Egypt-U.S. relations
  Arms sales.......................  PL 99-83 Sec 101(d)...       758
    Grants.........................  PL 109-102 Title III..       947
  Commodity Import Program
   assistance
    Appropriations, 2006...........  PL 109-102 Title II...       934
  Designation as a major non-NATO    PL 87-195 Sec 517(b)..       278
   ally.
  Economic conditions
    Impact on foreign debt.........  PL 99-83 Sec 1205.....       809
  Economic Support Fund............  PL 99-83 Sec 202(b)...       765
                                     PL 95-92 Sec 9........       872
    Foreign aid, 2006..............  PL 109-102 Title II...       934
  Naval vessel transfer............  PL 109-134 Sec 2......       545
  Peace negotiations...............  PL 95-384 Sec 28......       871
  Promoting democracy in...........  PL 109-102 Title II...       934
El Salvador-U.S. relations
  Assistance restrictions..........  PL 97-113 Sec 730.....       835
  Foreign aid......................  PL 97-113 Sec 728.....       832
    Appropriations, 2006...........  PL 109-102 Sec 576....       994
    Findings of Congress...........  PL 99-83 Sec 702......       777
    Suspension of..................  PL 99-83 Sec 702(g)...       780
  Military aid.....................  PL 101-513 Sec 531....      1118
    Conditions for.................  PL 98-151 Sec                816
                                      101(b)(2).
  Police training
    Foreign aid for................  PL 87-195 Sec 660(d)..       389
  Program for strengthening          PL 101-513 Sec 531(h).      1121
   democracy.
  Refugee assistance...............  PL 87-195 Sec 495I....       222
                                     PL 97-113 Sec 731.....       835
  Report to Congress...............  PL 97-113 Sec 729.....       834
Embassy security appropriation
  Rescission, 2006.................  PL 109-148 Title III..      1020
    Conditions on..................  PL 97-113 Sec 727-730.       831
Emergency Supplemental Act, 2000...  PL 106-246............      1070
Emergency Supplemental               PL 109-13.............      1022
 Appropriations Act, 2005.
Emergency Supplemental               PL 108-106............      1042
 Appropriations Act for Defense and
 for the Reconstruction of Iraq and
 Afghanistan, 2004.
Emergency Supplemental               PL 109-148 Title II...      1017
 Appropriations Act to Address
 Pandemic Influenza.
Emergency Wartime Supplemental       PL 108-11.............      1054
 Appropriations Act, 2003.
Employees (U.S.)
  Exporting production
    Restrictions under this Act....  PL 102-549 Sec 801....       748
Endangered species
  Foreign aid......................  PL 87-195 Sec 119.....        74
  Protection of
    Foreign aid....................  PL 87-195 Sec 119.....        74
    Report to Congress.............  PL 87-195 Sec 119(h)..        76
Energy, Department of
  Foreign aid programs.............  PL 87-195 Sec 106(c)..        59
Enterprise for the Americas
  Americas Framework Agreement.....  PL 87-195 Sec 708.....       401
    Report to Congress.............  PL 87-195 Sec 710.....       404
Enterprise for the Americas Act of   PL 102-549 Sec 601....       746
 1992.
Enterprise for the Americas Board
  Functions........................  PL 87-195 Sec 709.....       403
  Tropical Forest Agreements
    Advice on......................  PL 87-195 Sec 811(b)..       416
Enterprise for the Americas
 Facility
  Country eligibility
    Presidential determination.....  PL 87-195 Sec 703(b)..       399
  Debt reduction...................  PL 87-195 Sec 703.....       398
  Foreign aid
    Country eligibility............  PL 87-195 Sec 703(a)..       398
Enterprise for the Americas Fund
  Establishment of.................  PL 87-195 Sec 707.....       400
Enterprise for the Americas          PL 87-195 Sec 701.....       397
 Initiative.
  Definitions......................  PL 87-195 Sec 702.....       398
Enterprise for the Americas
 Multilateral Investment Fund
  Appropriations, 2006.............  PL 109-102 Title IV...       950
Enterprise funds
  Restrictions.....................  PL 109-102 Sec 530....       967
Environment
  Adverse impact
    Overseas Private Investment      PL 87-195 Sec 231A(b).       120
     Corporation.
  Biodiversity
    Protection of..................  PL 109-102 Sec 585....       998
  Climate change
    Report to Congress.............  PL 109-102 Sec 585....       998
  Developing countries
    Findings of Congress...........  PL 87-195 Sec 117.....        70
  Developmental programs
    U.S. policy on.................  PL 101-513 Sec 533....      1122
  Global Warming Initiative........  PL 101-513 Sec 533....      1122
    U.S. policies toward...........  PL 101-167 Sec 534....      1131
  Herbicides used for drug control
    Presidential determination.....  PL 87-195 Sec                194
                                      481(d)(3).
  Multilateral development banks
    Report to Congress.............  PL 102-391 Sec 532(c).      1115
  Natural resources
    Foreign aid....................  PL 87-195 Sec 117.....        70
  Natural resources extraction
    Report to Congress.............  PL 109-102 Sec 585(c).       999
Equatorial Guinea-U.S. relations
  Foreign aid......................  PL 96-533 Sec 314.....       839
Europe (Eastern)-U.S. relations
  Overseas Private Investment
   Corporation
    Presidential determination.....  PL 87-195 Sec 239(f)..       143
  SEED Act of 1989
    Foreign aid, 2006..............  PL 109-102 Title II...       936
European Bank for Reconstruction
 and Development
  Appropriations, 2006.............  PL 109-102 Title IV...       950
Excess defense articles
  Arms sales
    Defined........................  PL 90-629 Sec 47(1)...       509
  Defined..........................  PL 87-195 Sec 644(g)..       379
  Leasing to foreign countries.....  PL 90-629 Sec 61......       514
  Naval vessels
    Not counted in EDA total.......  PL 109-134 Sec 4......       545
  Transfer of
    Drug enforcement activities....  PL 101-167 Sec 573(f).      1136
    Notification requirements......  PL 109-102 Sec 524....       963
    Transportation and related       PL 87-195 Sec 516(e)..       275
     costs.
  U.S. transfer
    Congressional notification.....  PL 87-195 Sec 516(f)..       276
  U.S. transfer to NATO's southern   PL 87-195 Sec                275
   flank.                             516(c)(2).
Excess property
  Required use of..................  PL 87-195 Sec 608.....       312
  Transfer to voluntary agencies...  PL 87-195 Sec 607.....       310
Executive agreements
  (see Executive-legislative
   relations)
Executive-legislative relations
  Arms sales.......................  PL 90-629 Sec 36(b)...       471
Export controls
  Arms sales.......................  PL 90-629.............       420
  Chemical or biological weapons
    Economic sanctions.............  PL 90-629 Sec 81......       528
Export controls--Continued
  Missiles and missile technology
    Secretary of Defense...........  PL 90-629 Sec 71......       519
    Secretary of State.............  PL 90-629 Sec 71......       519
Export-Import Bank
  Administrative expenses, 2006....  PL 109-102 Title I....       925
  Financing by
    Limitations on.................  PL 87-195 Sec 632(f)..       359
  Funding limitation...............  PL 109-102 Sec 589....      1001
  Nuclear equipment exports
    Funds restrictions.............  PL 109-102 Title I....       924
  Program limitation, 2006.........  PL 109-102 Title I....       926
  Rescission, 2006.................  PL 109-148 Title III..      1019
  Subsidy costs
    Appropriations, 2006...........  PL 109-102 Title I....       925
Exports
  (see also Trade)
  Canada
    To the United States...........  PL 99-83 Sec 721......       788
  Federal Coal Export Commission...  PL 99-83 Sec 1304.....       813
  Multilateral development banks
    Additional procurement officers  PL 102-549 Sec 501....       746
  Overseas Private Investment
   Corporation
    Program account................  PL 106-113 Title I....      1080
  United States Commercial Centers.  PL 102-549 Sec 401....       743
Expropriation
  Defined..........................  PL 87-195 Sec 238(b)..       140
Extradition to the United States
  Refusal of countries.............  PL 109-102 Sec 581....       997
                                     PL 109-102 Sec 583....       997

 
                                    F

Family planning
  (see Population planning)
Federal Coal Export Commission.....  PL 99-83 Sec 1304.....       813
  Report to Congress...............  PL 99-83 Sec 1304(f)..       814
Federal Reports Elimination and
 Sunset Act of 1995
  Foreign aid
    Report to Congress.............  PL 87-195 Note........        35
Female genital mutilation
  Countries allowing
    Opposing loans to..............  PL 104-208 Sec 579....      1105
Financial Institution Advisory
 Commission, International
  Establishment of.................  PL 105-277 Sec 603....      1097
Fisheries
  Seizure of U.S. vessels
    Foreign aid cut-off............  PL 87-195 Sec 620(o)..       330
Food
  (see also Agricultural commodity
   sales)
  (see also Agriculture)
  (see also Food and Agricultural
   Organization)
  Shortages of
    Report to Congress.............  PL 93-559 Sec 55......       893
  World hunger
    Findings of Congress...........  PL 97-113 Sec 712.....       824
  World security reserves..........  PL 97-113 Sec 711.....       823
Food aid
  Agricultural research............  PL 87-195 Sec 296.....       162
    Definition of terms............  PL 87-195 Sec 296(d)-        166
                                      (h).
    International cooperation......  PL 87-195 Sec 297.....       167
Food aid--Continued
  Board for International Food and   PL 87-195 Sec 298.....       169
   Agricultural Development.
  Harvest losses
    Reduction of...................  PL 96-533 Sec 317.....       840
  International Fertilizer
   Development Center
    U.S. participation.............  PL 87-195 Sec 301(f)..       175
  International Food Policy
   Research Institute
    U.S. participation.............  PL 87-195 Sec 301(h)..       175
  Long-term agricultural commodity
   agreements
    Report to Congress.............  PL 99-83 Sec 1008.....       808
  Portugal.........................  PL 94-329 Sec 409.....       881
  Private voluntary organizations..  PL 96-533 Sec 316.....       839
  Report to Congress...............  PL 87-195 Sec 300.....       172
Food and agricultural development
  International
    Board for......................  PL 87-195 Sec 298.....       169
Food and Agricultural Organization
  Food reserves....................  PL 93-189 Sec 39......       899
Food for Peace Program
  Sense of Congress................  PL 92-226 Sec 2.......       901
Food production
  Foreign aid......................  PL 93-559 Sec 55......       893
Food sales
  (see Agricultural commodity
   sales)
Food supplies
  (see also Food aid)
  Domestic production levels.......  PL 93-189 Sec 39......       899
  U.N. conference on...............  PL 93-189 Sec 39......       899
Foreign aid
  (see also Agency for
   International Development)
  (see also Food aid)
  (see also Overseas Private
   Investment Corporation (OPIC))
  Abkhazia
    Confidence building measures...  PL 109-102 Title II...       937
  Administration of................  PL 87-195 Sec 621-640C       348
    Personnel......................  PL 87-195 Sec 624-631.       350
  Afghanistan
    Allocation of funds............  PL 87-195 Note........        30
    Assistance coordinator.........  PL 107-327 Sec 104....       655
    Coordination of................  PL 108-458 Sec 7104...       668
    Special authorities............  PL 109-102 Sec 534(a).       968
  African Development Foundation...  PL 96-533 Sec 502.....       841
  Agreements or grants
    Restrictions on................  PL 87-195 Sec 611.....       315
  Agricultural commodities
   (foreign)
    Assistance restrictions........  PL 109-102 Sec 513(b).       957
  Agricultural commodities
    Procurement abroad.............  PL 87-195 Sec 604(e)..       307
    Retention and use of...........  PL 87-195 Sec 605.....       308
  Agricultural research............  PL 87-195 Sec 103A....        39
  Alien employees
    Participation in programs......  PL 87-195 Sec 635(f)..       366
  Allocation changes...............  PL 87-195 Sec 653.....       382
  Anti-terrorism assistance........  PL 87-195 Sec 571-574.       296
    Appropriations, 2006...........  PL 109-102 Title II...       945
  Appropriated funds
    Special authorities............  PL 109-102 Sec 534....       968
  Appropriations
    Ceilings and earmarks..........  PL 109-102 Sec 538....       974
    Reprogramming of funds.........  PL 109-102 Sec 537....       973
  Appropriations authorization,      PL 98-151 Sec                815
   1984.                              101(b)(2).
Foreign aid--Continued
  Appropriations authorization,
   1984--Continued
    Program, project, and activity   PL 109-102 Sec 521....       961
     defined.
  Appropriations, 2006.............  PL 109-102............       923
    Program, project, and activity   PL 109-102 Sec 521....       961
     defined.
    Rescission.....................  PL 109-148 Title II...      1020
  Arms Export Control Act..........  PL 87-195 Sec 636(g)..       372
  Audits...........................  PL 87-195 Sec                366
                                      635(g)(5).
  Authority to authorize...........  PL 87-195 Sec                320
                                      614(a)(4).
    Presidential waivers...........  PL 87-195 Sec 614(b)..       320
  Authorization reduction
    Fiscal year 1979...............  PL 95-424 Sec 601.....       867
  Authorization requirement........  PL 109-102 Sec 553....       980
  Availability of funds............  PL 109-102 Sec 511....       956
  Basic education
    Appropriations, 2006...........  PL 109-102 Sec 567....       991
  Bilateral assistance to terrorist
   countries
    Funding prohibition............  PL 109-102 Sec 527....       964
  Biodiversity conservation
   activities
    Allocation of funds............  PL 87-195 Note........        30
  Burma programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Cambodia
    Appropriations, 2006...........  PL 109-102 Sec 554....       980
    Foreign Military Financing       PL 109-102 Sec 591....      1002
     Program.
  Cash transfers
    Separate accounts..............  PL 109-102 Sec 529(b).       966
  Central America
    Appropriations, 2006...........  PL 109-102 Sec 576....       994
  Central Asia
    Funding restrictions...........  PL 109-102 Sec 587....      1000
  Child Survival Fund
    Authorization of appropriations  PL 87-195 Sec                 41
                                      104(c)(2)(B).
  Children
    Orphans and vulnerable children  PL 109-95.............       554
                                     PL 87-195 Sec 135.....        93
    Asia...........................  PL 87-195 Sec 241.....       148
  Children and mothers
    Improving health services and    PL 87-195 Sec                 41
     disease prevention.              104(c)(2)(A).
  Chile
    Restrictions on................  PL 94-161 Sec 320.....       887
  Colombian Armed Forces
    Determination and certification  PL 109-102 Sec 556....       982
  Commodities (foreign)
    Assistance restrictions........  PL 109-102 Sec 513....       957
  Communist countries
    Countries specified............  PL 87-195 Sec 620(f)..       327
  Consolidation of accounts........  PL 87-195 Sec 610.....       314
  Continuing appropriations, 2006..  PL 109-77 Sec               1012
                                      101(a)(4).
  Cost-sharing with foreign          PL 87-195 Sec 110.....        61
   countries.
  Countries assisting Cuba
    Withholding equal amounts......  PL 87-195 Sec 620(y)..       333
  Countries in loan default
    Assistance limitations.........  PL 109-102 Sec 512....       956
  Countries restricting U.S.
   humanitarian assistance
    Aid prohibition................  PL 87-195 Sec 620I....       347
  Countries supporting terrorism
    Funding prohibition............  PL 87-195 Sec 620A....       334
  Cuba programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Cyprus
    Humanitarian assistance........  PL 87-195 Sec 495.....       218
Foreign aid--Continued
  Debt burdens
    Selected countries.............  PL 97-113 Sec 723.....       829
  Defense articles
    Retention and use of...........  PL 87-195 Sec 605.....       308
  Democratic institutions..........  PL 87-195 Sec 281.....       161
  Developing countries
    Agriculture, rural development,  PL 87-195 Sec 103.....        36
     and nutrition programs.
    Cooperatives...................  PL 87-195 Sec 123(h)..        80
    Deforestation..................  PL 87-195 Sec                 37
                                      103(b)(3).
    Effective use of assistance....  PL 87-195 Sec                 22
                                      102(b)(4).
    Hunger.........................  PL 87-195 Sec                 36
                                      103(a)(2).
    Improving health services and    PL 87-195 Sec                 40
     disease prevention.              104(c)(1).
    Nutrition......................  PL 87-195 Sec 103.....        36
    People with disabilities.......  PL 109-102 Sec 588....      1000
    Private sector involvement.....  PL 87-195 Sec                 23
                                      102(b)(8).
    Regional programs..............  PL 87-195 Sec 209(b)..        98
    Responsibilities of citizens...  PL 87-195 Sec                 21
                                      102(b)(1).
    Responsibilities of each         PL 87-195 Sec                 22
     country.                         102(b)(2).
    U.S. policies..................  PL 87-195 Sec 102.....        20
    Use of appropriate technology..  PL 87-195 Sec 107.....        60
  Development assistance...........  PL 109-102 Title II...       929
    Africa.........................  PL 87-195 Note........        26
    Funding restrictions...........  PL 109-102 Sec 548....       978
    Improving women's leadership     PL 109-102 Title II...       930
     capacity.
    Integrating programs...........  PL 87-195 Sec 104(d)..        45
    Loan guarantees................  PL 109-102 Title II...       931
  Development Coordination           PL 87-195 Sec 640B....       374
   Committee.
  Development Credit Program         PL 109-102 Title II...       931
   Account.
  Disaster assistance..............  PL 87-195 Sec 491.....       214
    Africa.........................  PL 87-195 Sec 495K....       224
    Appropriations authorization...  PL 87-195 Sec 492(a)..       214
    Borrowing authority............  PL 87-195 Sec 492(b)..       217
    Coordination for...............  PL 87-195 Sec 493.....       217
  Discrimination against U.S.        PL 87-195 Sec 666.....       394
   personnel.
  Displaced Burmese
    Allocation of funds............  PL 87-195 Note........        30
    Special authorities............  PL 109-102 Sec 534(a).       968
  Displaced children
    Allocation of funds............  PL 87-195 Note........        30
    Special authorities............  PL 109-102 Sec 534(a).       968
  Drug control
    Illicit narcotics production...  PL 87-195 Sec 126.....        82
  Earmarked funds
    Reprogramming..................  PL 109-102 Sec 537....       973
  Economic Support Fund
    Annual presentation materials..  PL 87-195 Sec 531(c)..       281
    Appropriations authorization...  PL 87-195 Sec 532.....       282
    Reconciliation programs........  PL 109-102 Sec 568....       991
  Education
    Appropriations authorization...  PL 87-195 Sec 105.....        56
  El Salvador
    Appropriations, 2006...........  PL 109-102 Sec 576....       994
  Endangered species...............  PL 87-195 Sec 119.....        74
  Energy programs..................  PL 87-195 Sec 106(a)..        57
  Environment programs
    Appropriations, 2006...........  PL 109-102 Sec 585....       998
  Evaluation of programs and         PL 87-195 Sec 125.....        82
   projects.
  Excess defense articles
    Defined........................  PL 87-195 Sec 644(g)..       379
    South European countries.......  PL 109-102 Sec 571....       993
  Excess property
    Required use of................  PL 87-195 Sec 608.....       312
Foreign aid--Continued
  Excess property--Continued
    Transfer to voluntary agencies.  PL 87-195 Sec 607.....       310
  Export financing transfer          PL 109-102 Sec 519....       960
   authorities.
  Famine prevention
    Declarations of Congress.......  PL 87-195 Sec 296.....       162
  Financial market aid.............  PL 109-102 Sec 531....       967
  Fiscal year appropriations.......  PL 87-195 Note........        24
  Fiscal year availability of funds  PL 87-195 Note........        27
  Foreign Assistance Act of 1961...  PL 87-195.............        15
    Definition of terms............  PL 87-195 Sec 644.....       378
  Foreign Assistance Act of 1962...  PL 87-565.............       922
  Foreign Assistance Act of 1963...  PL 88-205.............       921
  Foreign Assistance Act of 1964...  PL 88-633.............       920
  Foreign Assistance Act of 1965...  PL 89-171.............       919
  Foreign Assistance Act of 1966...  PL 89-583.............       918
  Foreign Assistance Act of 1967...  PL 90-137.............       917
  Foreign Assistance Act of 1968...  PL 90-554.............       915
  Foreign Assistance Act of 1969...  PL 91-175.............       908
  Foreign Assistance Act of 1971...  PL 92-226.............       901
  Foreign Assistance Act of 1973...  PL 93-189.............       895
  Foreign Assistance Act of 1974...  PL 93-559.............       889
  Foreign Assistance and Related     PL 98-151 Sec               1151
   Programs Appropriations Act,       101(b)(1).
   1984.
  Foreign country enterprise
    Competing with U.S. enterprise.  PL 87-195 Sec 620(d)..       324
  Foreign currencies...............  PL 87-195 Sec 636.....       368
    U.S. security..................  PL 87-195 Sec                319
                                      614(a)(2).
  Foreign Military Financing
   Program
    Funds use restrictions.........  PL 109-102 Sec 548....       978
  Funding prohibitions.............  PL 87-195 Sec 620.....       323
  Funds
    Limit on obligations...........  PL 87-195 Note........        27
    Transfer between agencies......  PL 87-195 Sec 632.....       357
    Transfer between programs......  PL 87-195 Sec 109.....        61
                                     PL 87-195 Sec 610.....       314
  Gender-based violence............  PL 109-102 Sec 573....       993
  Guatemala
    Appropriations, 2006...........  PL 109-102 Sec 576....       994
  Haiti
    Appropriations, 2006...........  PL 109-102 Sec 549....       978
  Health services
    Appropriations authorization...  PL 87-195 Sec 104(g)..        47
    HIV/AIDS.......................  PL 87-195 Sec 104A....        48
    Malaria........................  PL 87-195 Sec 104C....        55
    Tuberculosis...................  PL 87-195 Sec 104B....        54
  HIV/AIDS
    Assistance authorization.......  PL 87-195 Sec 104A(c).        49
    Report to Congress.............  PL 87-195 Sec 104A(e).        52
  Honduras
    Appropriations, 2006...........  PL 109-102 Sec 576....       994
  Human rights
    Assistance conditions..........  PL 87-195 Sec 116.....        63
    Funding prohibition............  PL 102-391 Sec 511....      1114
    Inter-American Commission......  PL 87-195 Sec                177
                                      302(a)(2).
    Interagency group on...........  PL 96-533 Sec 710.....       847
  Impact on jobs in United States..  PL 109-102 Sec 533....       967
  Improving health services and      PL 87-195 Sec                 40
   disease prevention.                104(c)(1).
  Incidental expenses..............  PL 87-195 Sec 636.....       368
  Independent states of the former   PL 87-195 Ch 11.......       232
   Soviet Union.
                                     PL 87-195 Sec 498.....       232
    Administration of justice        PL 87-195 Sec 498B(e).       240
     programs.
    Appropriations authorization...  PL 87-195 Sec 498C....       243
    Assistance criteria............  PL 87-195 Sec 498A....       236
    Authorities for assistance.....  PL 87-195 Sec 498B....       240
Foreign aid--Continued
  Independent states of the former
   Soviet Union--Continued
    Cooperative R&D projects.......  PL 87-195 Sec 498B(d).       240
    Cuban intelligence facilities..  PL 87-195 Sec 498A(d).       239
    Definitions....................  PL 87-195 Sec 498B(k).       242
    Enterprise funds...............  PL 87-195 Sec 498B(c).       240
    Nongovernmental organizations..  PL 87-195 Sec 498B(a).       240
    Report to Congress.............  PL 87-195 Sec 498A(c).       238
    Technical and managerial         PL 87-195 Sec 498B(b).       240
     assistance.
    Using Economic Support Fund....  PL 87-195 Sec 498B(f).       240
    Using SEED agency funds........  PL 87-195 Sec 498B(g).       241
  Indonesia
    Certification..................  PL 109-102 Sec 599F-        1011
                                      599G.
  Infant feeding practices.........  PL 97-113 Sec 301(b)..       820
  Inter-agency transfers
    Program and financial audits...  PL 87-195 Note........        26
  International disaster assistance
    Appropriations, 2006...........  PL 109-102 Title II...       930
  International financial
   institutions
    Opposing loans to certain        PL 104-208 Sec 579....      1105
     countries.
    U.S. executive directors         PL 109-102 Sec 501....       951
     compensation.
  International Law Enforcement
   Academies
    Appropriations, 2006...........  PL 109-102 Title II...       941
  International military education
   and training
    Funds use restrictions.........  PL 109-102 Sec 548....       978
  International organizations
    Appropriations authorization...  PL 87-195 Sec 302.....       175
    Integration of women...........  PL 87-195 Sec 305.....       180
    Report to Congress.............  PL 87-195 Sec 306.....       180
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  International organizations and    PL 87-195 Sec 301.....       172
   programs.
    Audit of.......................  PL 87-195 Sec 301(d)..       173
  International Private Investment   PL 87-195 Sec 601(c)..       304
   Advisory Council on Foreign Aid.
  Iran nuclear weapons programs
    Report to Congress.............  PL 87-195 Sec 307(d)..       183
  Iran programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Iraq
    Special authorities............  PL 109-102 Sec 534(a).       968
  Iraq programs
    Withholding of funds...........  PL 87-195 Sec 307.....       180
  Italy
    Disaster assistance............  PL 87-195 Sec 495B....       218
  Land mine removal
    Agency for International         PL 109-102 Sec 546....       977
     Development grants.
  Latin America and the Caribbean
    Report to Congress.............  PL 99-83 Sec 709......       784
  Leasing defense articles
    Presidential determination.....  PL 109-102 Sec 510....       955
  Least developed countries
    Emphasis on....................  PL 87-195 Sec 124.....        81
  Lebanon
    Allocation of funds............  PL 87-195 Note........        30
    Disaster assistance............  PL 87-195 Sec 495C....       219
    Special authorities............  PL 109-102 Sec 534(a).       968
  Legislation
    Presidential waivers of........  PL 87-195 Sec 633.....       359
  Less-developed countries
    Agricultural programs..........  PL 87-195 Sec 222A....       104
Foreign aid--Continued
  Libya programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Loans
    Accelerated repayments.........  PL 87-195 Sec 127.....        83
    Defaults on....................  PL 93-559 Sec 56......       894
    General authorities............  PL 87-195 Sec 122.....        77
  Local currencies
    Separate accounts..............  PL 109-102 Sec 529....       965
  Malaria
    Assistance authorization.......  PL 87-195 Sec 104C(c).        55
  Management innovations
    Systems analysis...............  PL 87-195 Sec 621A....       349
  Microenterprise development
    Authorizations.................  PL 87-195 Sec 256(f)..       154
    Grant assistance...............  PL 87-195 Sec 251.....       149
    Loan guarantees................  PL 109-102 Title II...       931
    Monitoring system..............  PL 87-195 Sec 253.....       151
    Poverty measurement indicators.  PL 87-195 Sec 254.....       152
    Targeted assistance............  PL 87-195 Sec 252.....       150
                                     PL 87-195 Sec 252(c)..       151
  Microenterprise development        PL 87-195 Sec 256.....       153
   credits.
    Findings of Congress...........  PL 87-195 Sec 256.....       153
  Middle East
    International contributions....  PL 94-161 Sec 322.....       888
  Millennium Challenge Act of 2003.  PL 108-199 Sec 601....       571
  Millennium Challenge Corporation.  PL 109-102 Title II...       939
  Minority business participation..  PL 95-88 Sec 133......       876
  Minority Resource Center.........  PL 98-151 Sec                817
                                      101(b)(2).
  Minority set-aside...............  PL 99-83 Sec 315......       768
                                     PL 98-151 Sec                816
                                      101(b)(2).
  Montenegro
    Allocation of funds............  PL 87-195 Note........        30
    Special authorities............  PL 109-102 Sec 534(a).       968
  Multilateral and regional
   programs
    Planning and administration of.  PL 87-195 Sec 209.....        98
  Nagorno-Karabagh
    Confidence building measures...  PL 109-102 Title II...       937
  Natural resources
    Tropical forests...............  PL 87-195 Sec 118.....        71
  Nepal                              PL 109-102 Sec 592....      1003
  Nicaragua
    Appropriations, 2006...........  PL 109-102 Sec 576....       994
  Nongovernmental organizations
    Documentation requirements.....  PL 109-102 Sec 541....       975
  Nonproliferation and export        PL 87-195 Sec 581.....       300
   control assistance.
    Appropriations authorization...  PL 87-195 Sec 586.....       302
    Presidential authorities.......  PL 87-195 Sec 582.....       300
  Nonproliferation and export
   control training
    Presidential authorities.......  PL 87-195 Sec 584.....       301
  North Korea
    Assistance to outside            PL 108-333 Sec 203....       567
     organizations and persons.
    Monitoring of..................  PL 108-333 Sec 202....       566
    Provided through                 PL 108-333 Sec 202....       566
     nongovernmental and
     international organizations.
    Report to Congress.............  PL 108-333 Sec 201....       565
  North Korea programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Olympic games boycott............  PL 96-533 Sec 718.....       849
  Pakistan
    Allocation of funds............  PL 87-195 Note........        30
    Extension of aid authorities...  PL 109-102 Sec 534(j).       970
    Special authorities............  PL 109-102 Sec 534(a).       968
Foreign aid--Continued
  Palestine Liberation Organization
   programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Palestinian Authority
    Funding prohibition............  PL 109-102 Sec 550....       979
    Limitations on.................  PL 109-102 Sec 555....       981
  Palestinian Broadcasting
   Corporation
    Funding prohibition............  PL 109-102 Sec 558....       984
  Parties to the International
   Criminal Court
    Restrictions on................  PL 109-102 Sec 574....       993
  Personal service contractors
    Allocation of funds............  PL 87-195 Note........        30
  Personnel
    (see also Peace Corps)
    Assignments....................  PL 87-195 Sec 627-630.       354
    Consultants....................  PL 87-195 Sec 626.....       353
    Officers.......................  PL 87-195 Sec 624.....       350
    Official expenses..............  PL 87-195 Sec 636.....       368
  Personnel assignments or details
    Terms and status of............  PL 87-195 Sec 629-630.       355
  Police training prohibited.......  PL 87-195 Sec 660.....       386
  Policy
    Findings and sense of Congress.  PL 87-195 Sec 101-102.        19
  Political repression abroad......  PL 93-189 Sec 32......       896
  Poor
    Determining target populations.  PL 87-195 Sec 128.....        83
  Population Development Assistance
    Appropriations.................  PL 87-195 Note........        26
  Population planning
    Appropriations authorization...  PL 87-195 Sec 104(g)..        47
    Findings of Congress...........  PL 87-195 Sec 104.....        39
    Voluntary......................  PL 87-195 Sec 104(b)..        39
  President
    Discretionary assistance         PL 87-195 Sec 106(d)..        59
     activities.
  Private and voluntary
   organizations
    Assisting in development.......  PL 87-195 Sec 123.....        78
    Encouraging involvement in.....  PL 87-195 Sec 601.....       303
  Procurement abroad
    Limitations on.................  PL 87-195 Sec                306
                                      604(a)(1).
  Procurement from small businesses  PL 94-329 Sec 602.....       885
  Program changes
    Congressional notification.....  PL 87-195 Sec 634A....       363
  Programs
    Notification requirements......  PL 109-102 Sec 515....       958
  Prohibited circumstances
    Presidential certification.....  PL 90-629 Sec 101(b)..       535
  Provided through private and       PL 99-83 Sec 710......       784
   voluntary organizations.
  Public Law 480
    Report to Congress.............  PL 109-102 Sec 536(b).       973
  Reappraisal of...................  PL 90-554 Part V......       915
  Refugees
    Africa.........................  PL 87-195 Sec 495F....       220
  Report to Congress...............  PL 87-195 Sec 634.....       360
                                     PL 97-113 Sec 722.....       828
    Human rights violations in       PL 87-195 Sec 502B(b).       253
     assistance recipient countries.
    Sunset Act.....................  PL 87-195 Note........        35
  Representational allowances......  PL 109-102 Sec 505....       952
  Reprogramming of funds
    Congressional notification.....  PL 87-195 Sec 634A....       363
  Residence expenses, USAID........  PL 109-102 Sec 503....       952
  Restrictions
    Other eligibilities............  PL 109-102 Sec 536....       972
  Romania
    Disaster assistance............  PL 87-195 Sec 495D....       220
Foreign aid--Continued
  Russian Federation
    Presidential determination.....  PL 109-102 Sec 589....      1001
  Sahel development program........  PL 87-195 Sec 120.....        76
  Saudi Arabia
    Restrictions on................  PL 109-102 Sec 582....       997
  Secretary of State
    Responsibilities...............  PL 87-195 Sec 622.....       349
  Self-help development aid........  PL 95-88 Sec 131......       876
  Services and commodities.........  PL 87-195 Sec 607.....       310
  South Asia
    Appropriations, 2006...........  PL 109-102 Title II...       930
  South Caucasus and Central Asia
    Administrative authorities.....  PL 87-195 Sec 499E....       249
    Assistance authorization.......  PL 87-195 Sec 499A(b).       247
                                     PL 87-195 Sec 499(b)..       246
                                     PL 87-195 Sec 499C(b).       248
                                     PL 87-195 Sec 499D(b).       248
    Border control assistance......  PL 87-195 Sec 499C....       247
    Development of infrastructure..  PL 87-195 Sec 499B....       247
    Programs authorization.........  PL 87-195 Sec 499B(b).       247
    Promoting democracy and          PL 87-195 Sec 499D....       248
     tolerance.
    Promoting economic growth and    PL 87-195 Sec 499A....       246
     development.
    Promoting reconciliation and     PL 87-195 Sec 499.....       246
     recovery.
  Southern Caucasus region.........  PL 109-102 Title II...       937
  Special authorities..............  PL 87-195 Note........        30
    Limitations on.................  PL 87-195 Sec 652.....       382
  Special Foreign Assistance Act of  PL 91-652.............       903
   1971.
  Special Foreign Assistance Act of  PL 99-529.............       751
   1986.
  Special missions abroad..........  PL 87-195 Sec 631.....       356
  Sub-Saharan Africa
    Report to Congress.............  PL 101-513 Sec 562(c).      1124
    Sexual and gender based          PL 109-102 Title II...       930
     violence.
  Sudan
    Appropriations, 2006...........  PL 109-102 Sec 569....       991
  Syria
    Assistance authority...........  PL 108-175 Sec 5(c)...       602
    Assistance certification.......  PL 108-175 Sec 5(d)...       602
  Syria programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Targeting the poor majority......  PL 87-195 Sec 128.....        83
  Termination of
    Countries involved in nuclear    PL 90-629 Sec 102(b)..       536
     transfers.
  Termination of programs
    Expenses assistance............  PL 87-195 Sec 617(c)..       321
  Tibet
    Appropriations, 2006...........  PL 109-102 Sec 575(b).       994
  Trade and Development Agency
    Appropriations authorization...  PL 87-195 Sec 661(f)..       391
    Development programs...........  PL 87-195 Sec 661.....       389
  Trade capacity building
    Appropriations, 2006...........  PL 109-102 Title II...       929
                                     PL 109-102 Sec 570....       992
  Trafficking in persons
    Meeting standards for            PL 87-195 Sec 134.....        92
     eliminating.
  Transfer of funds
    Audit of.......................  PL 109-102 Sec 509(c).       955
    Presidential justification.....  PL 109-102 Sec 509(b).       955
    Restrictions on................  PL 109-102 Sec 509....       955
  Transportation expenses..........  PL 87-195 Sec 636.....       368
  Tropical forestry
    Allocation of funds............  PL 87-195 Note........        30
  Tuberculosis
    Assistance authorization.......  PL 87-195 Sec 104B(c).        54
Foreign aid--Continued
  Turkey
    Disaster assistance............  PL 87-195 Sec 495E....       220
  U.S. assistance
    Prohibition on taxation of.....  PL 109-102 Sec 506....       953
  U.S. private and voluntary
   organizations
    Funding restrictions...........  PL 109-102 Sec 502....       951
  U.S. small business participation  PL 87-195 Sec 602.....       306
  Unexpended balances
    Disposition of.................  PL 87-195 Sec 645.....       381
  Unobligated balances.............  PL 109-102 Sec 504....       952
  Utilizing nongovernmental
   organizations
    Study on.......................  PL 99-83 Sec 311......       767
  Uzbekistan
    Funding restrictions...........  PL 109-102 Sec 586....       999
  Victims of torture...............  PL 87-195 Sec 130.....        89
  Victims of war
    Allocation of funds............  PL 87-195 Note........        30
    Special authorities............  PL 109-102 Sec 534(a).       968
                                     PL 87-195 Note........        30
  Violations of patents or
   technical information
    U.S. Government compensation...  PL 87-195 Sec 606.....       309
  Volunteer organizations
    Approved by Agency for           PL 87-195 Sec 635(c)..       363
     International Development.
  Water and sanitation.............  PL 87-195 Sec 135.....        96
    Strategy.......................  PL 109-121 Sec 4......       550
  Water for peace and security
    Report on......................  PL 109-121 Sec 10.....       552
  Water supply and treatment
    Appropriations, 2006...........  PL 109-102 Title II...       930
    Water for the Poor Act.........  PL 109-121............       547
  West Bank and Gaza
    Review of U.S. assistance......  PL 109-102 Sec 559....       984
  Withholding of
    Presidential determination.....  PL 106-386 Sec 110(d).       709
  Women in development process.....  PL 87-195 Sec 113.....        63
  World Food Program
    Allocation of funds............  PL 87-195 Note........        31
  Zimbabwe
    Rule of law restoration........  PL 109-102 Sec 572....       993
Foreign aid, fiscal year 1993
  General provisions...............  PL 102-391 Title V....      1114
Foreign aid, fiscal year 1994
  Supplemental appropriations......  PL 103-306 Title VI...      1112
Foreign aid, fiscal year 2006
  General provisions...............  PL 109-102 Title V....       951
Foreign assistance
  (see Foreign aid)
Foreign Claims Settlement
 Commission
  Foreign aid cut-off..............  PL 87-195 Sec                325
                                      620(e)(1).
Foreign currencies
  (see Currencies (foreign))
Foreign governments
  (see Governments (foreign)-U.S.
   relations)
Foreign Military Financing Program
  Foreign aid
    Funding restrictions...........  PL 109-102 Sec 548....       978
  Procurement of defense articles    PL 109-102 Title III..       947
   and services.
Foreign military sales
  Refinancing program..............  PL 100-202 Title III..      1146
Foreign Military Sales Act
  (see Arms Export Control Act)
Foreign Operations, Export           PL 100-202 Sec 101(e).      1146
 Financing, and Related Programs
 Appropriations Act, 1988.
Foreign Operations, Export           PL 100-461............      1144
 Financing, and Related Programs
 Appropriations Act, 1989.
Foreign Operations, Export           PL 101-167............      1129
 Financing, and Related Programs
 Appropriations Act, 1990.
Foreign Operations, Export           PL 101-513............      1118
 Financing, and Related Programs
 Appropriations Act, 1991.
Foreign Operations, Export           PL 102-391............      1114
 Financing, and Related Programs
 Appropriations Act, 1993.
Foreign Operations, Export           PL 104-208............      1101
 Financing, and Related Programs
 Appropriations Act, 1997.
Foreign Operations, Export           PL 105-277............      1093
 Financing, and Related Programs
 Appropriations Act, 1999.
Foreign Operations, Export           PL 106-113............      1079
 Financing, and Related Programs
 Appropriations Act, 2000.
Foreign Operations, Export           PL 106-429............      1062
 Financing, and Related Programs
 Appropriations Act, 2001.
Foreign Operations, Export           PL 107-115............      1060
 Financing, and Related Programs
 Appropriations Act, 2002.
Foreign Operations, Export           PL 108-199 Division D.      1040
 Financing, and Related Programs
 Appropriations Act, 2004.
Foreign Operations, Export           PL 108-447............      1034
 Financing, and Related Programs
 Appropriations Act, 2005.
Foreign Operations, Export           PL 109-102............       923
 Financing, and Related Programs
 Appropriations Act, 2006.
  Program and country allocation     PL 109-102 Sec 596....      1004
   tables.
Foreign Operations, Export           PL 103-306 Title VI...      1112
 Financing, and Related Programs
 Supplemental Appropriations Act,
 1994.
Foreign Service
  Retirement and disability fund
    Payment, 2006..................  PL 109-102 Title II...       932
Foreign Service Reserve Officers
  Assignments
    Foreign aid program............  PL 87-195 Sec 625.....       351
    Language and experience related  PL 87-195 Sec 625(i)..       353
Foreign trade
  (see Trade)
France-U.S. relations
  Arms control
    Limiting conventional arms       PL 99-83 Sec 129......       759
     transfers.
FREEDOM Support Act
  Programs and activities
    Appropriations, 2006...........  PL 109-102 Title II...       937
Fuel supplies
  Use in foreign aid program.......  PL 87-195 Sec 647.....       381

 
                                    G

Gabon-U.S. relations
  Albert Schweitzer Hospital
    Foreign aid....................  PL 93-189 Sec 33......       896
General Accounting Office
  Foreign aid
    Account auditing...............  PL 87-195 Sec                366
                                      635(g)(5).
General Framework Agreement for      PL 109-102 Title II...       936
 Peace in Bosnia and Herzegovina.
Germany-U.S. relations
  Air defense agreements...........  PL 99-83 Sec 132......       762
  West Berlin
    Foreign aid....................  PL 87-195 Sec 614(b)..       320
Gifts (U.S.)
  Foreign aid appropriations
    Prohibition....................  PL 87-195 Sec 451(c)..       184
Glenn amendment
  Countries involved in nuclear
   reprocessing transfers
    Aid prohibition................  PL 90-629 Sec 102.....       535
Global Alliance for Tuberculosis     PL 87-195 Sec                 55
 Drug Development.                    104B(f)(3).
Global Environment Facility (GEF)
  Appropriations, 2006.............  PL 109-102 Title IV...       949
Global Fund to Fight AIDS,
 Tuberculosis and Malaria
  Certification requirements.......  PL 109-102 Sec 525....       963
  Withholding funds................  PL 109-102 Sec 525....       963
Global security....................  PL 97-113 Sec 710.....       823
Gorgas Memorial Institute
  Appropriations authorization.....  PL 93-559 Sec 47......       890
Governments (foreign)-U.S.
 relations
  Airport security.................  PL 99-83 Sec 551......       770
  Central banks
    U.S. technical assistance        PL 87-195 Sec 129.....        84
     program.
  Chemical or biological weapons
   exports
    Economic sanctions.............  PL 90-629 Sec 81......       528
  Debt relief arrangements
    Report to Congress.............  PL 102-391 Sec 548....      1116
  Developing countries
    U.S. technical assistance        PL 87-195 Sec 129.....        84
     program.
  Foreign aid personnel assigned to  PL 87-195 Sec 627.....       354
  Lethal weapons exports
    Foreign aid funding prohibition  PL 109-102 Sec 542....       975
  Military aid
    Defense articles...............  PL 90-629 Sec 21(l)...       445
    Defense articles returned......  PL 90-629 Sec 21(m)...       446
  Military coups
    Certification for foreign aid..  PL 109-102 Sec 508....       954
    Foreign aid funding prohibition  PL 109-102 Sec 508....       954
  Trafficking in persons
    Findings of Congress...........  PL 108-193 Sec 2......       728
Greece-U.S. relations
  Arms sales.......................  PL 99-83 Sec 101(e)...       758
  Arms sales credits
    Repayment......................  PL 96-92 Sec 17(b)....       850
  Military aid
    Presidential certification.....  PL 87-195 Sec 620C(d).       339
  Naval vessel transfer............  PL 109-134 Sec 2-3....       545
  Resolution in Cyprus.............  PL 87-195 Sec 620C....       337
Guatemala-U.S. relations
  Belize independence
    Recognition of.................  PL 99-83 Sec 703(g)...       781
  Foreign aid
    Appropriations, 2006...........  PL 109-102 Sec 576....       994
    Conditions for.................  PL 99-83 Sec 703......       780
    Suspension of..................  PL 99-83 Sec 703(d)...       781
  International military education
   and training
    Restriction on.................  PL 109-102 Title III..       947
  Military aid
    Prohibited.....................  PL 109-102 Title III..       948

                                    H

Haiti-U.S. relations
  Arms sales
    Eligibility for................  PL 109-102 Sec 549(b).       979
  Assistance in recovering stolen    PL 99-529 Sec 204.....       755
   assets.
  Democracy in
    Findings of Congress...........  PL 99-529 Sec 201.....       752
  Emergency supplemental, 2005.....  PL 109-13 Title II....      1025
  Foreign aid
    Conditions for.................  PL 99-83 Sec 705......       782
    Prohibitions on................  S 2757 Sec 111........       750
    Through private and voluntary    PL 99-83 Sec 705......       782
     organizations.
  Foreign aid, 1984
    Conditions for.................  PL 98-151 Sec                816
                                      101(b)(2).
  Foreign aid, 1987................  PL 99-529 Sec 202.....       753
  Foreign aid, 2006................  PL 109-102 Sec 549....       978
  Immigration (illegal) to United
   States
    Halting........................  PL 99-83 Sec 705(d)...       783
  International military education
   and training
    Report to Congress.............  PL 109-102 Title III..       947
  Military aid, 1987
    Authorization..................  PL 99-529 Sec 203.....       754
    Conditions on..................  PL 99-529 Sec 203.....       754
  Refugees.........................  PL 98-151 Sec                817
                                      101(b)(2).
                                     PL 97-113 Sec 721.....       828
Health care
  Children
    Promoting immunization and oral  PL 99-529 Sec 101.....       751
     rehydration.
  Family planning and reproductive
   health
    Appropriations, 2006...........  PL 109-102 Sec 522....       962
  Infection control and preventions
    Appropriations, 2006...........  PL 109-102 Title II...       927
Heavily Indebted Poor Countries
 (HIPC) Trust Fund
  Funds disbursement...............  PL 109-102 Title II...       946
  U.S. contributions to
    Appropriations authorization...  PL 106-429 Sec 801(b).      1064
    Appropriations, 2006...........  PL 109-102 Title II...       946
Helms amendment....................  PL 90-629 Sec                527
                                      74(a)(8)(B).
HELP Commission
  Composition of...................  PL 108-199 Sec 637(d).       590
  Findings and recommendations
    Report to Congress.............  PL 108-199 Sec 637(f).       592
  U.S. development assistance
    Study and analysis of..........  PL 108-199 Sec 637(c).       589
HELP Commission Act................  PL 108-199 Sec 637....       589
  Findings of Congress.............  PL 108-199 Sec 637(b).       589
Helping to Enhance the Livelihood    PL 108-199 Sec 637(c).       589
 of People (HELP) Around the Globe
 Commission.
Herbicides
  Drug control uses................  PL 87-195 Sec 481(d)..       193
Hickenlooper amendment.............  PL 87-195 Sec                325
                                      620(e)(1).
Hijackings
  TWA Flight 847
    Sense of Congress..............  PL 99-83 Sec 558......       771
HIV/AIDS
  Antiretroviral treatment
    Distribution increase..........  PL 108-25 Sec 402.....       640
  Assistance for children and
   families
    Findings of Congress...........  PL 108-25 Sec 311.....       632
    Pilot program..................  PL 108-25 Sec 314.....       634
    Public-private programs........  PL 108-25 Sec 315.....       635
HIV/AIDS--Continued
  Bilateral assistance
    Appropriations authorization...  PL 108-25 Sec 301.....       626
  Burma
    Programs and activities in.....  PL 109-102 Sec 526....       964
  Combating
    Activities supported...........  PL 87-195 Sec 104A(d).        49
    Findings of Congress...........  PL 87-195 Sec 104A(a).        48
    Pharmaceuticals................  PL 87-195 Sec                 51
                                      104A(d)(5).
    Public-private partnerships....  PL 87-195 Sec                 52
                                      104A(d)(7).
    U.S. policy on.................  PL 87-195 Sec 104A(b).        49
  Developing countries
    Improving injection safety.....  PL 108-25 Sec 306.....       631
  Epidemic
    Findings of Congress...........  PL 108-25 Sec 2.......       608
    U.S. policies on...............  PL 108-25 Sec 2(22)-         613
                                      (28).
    Uganda policies on.............  PL 108-25 Sec 2(20)...       612
  Findings of Congress.............  PL 108-25 Sec 2.......       608
  Global fight against
    U.S. response to...............  PL 108-25 Sec 4.......       615
  Global Fund
    Certification requirements.....  PL 109-102 Sec 525....       963
    Private contributions to.......  PL 108-25 Sec 202(h)..       625
    Report to Congress.............  PL 108-25 Sec 202(c)..       622
    U.S. contribution to...........  PL 109-102 Title II...       928
    U.S. participation.............  PL 108-25 Sec 202(b)..       622
                                     PL 108-25 Sec                623
                                      202(d)(4).
  Global initiative
    Appropriations, 2006...........  PL 109-102 Title II...       940
  Global pandemic
    U.S. policy and requirements...  PL 108-25 Sec 312.....       633
  Global treatment of individuals
   infected
    Report to Congress.............  PL 108-25 Sec 305.....       631
  Independent states of the former
   Soviet Union
    Combating......................  PL 109-102 Title II...       937
  Integrated strategy to combat
    Established by the President...  PL 108-25 Sec 101.....       615
    Promoting public-private         PL 108-25 Sec 201.....       621
     partnerships.
  International AIDS Vaccine
   Initiative
    U.S. contribution to...........  PL 87-195 Sec 302(l)..       179
  Latin America and the Caribbean
    Findings of Congress...........  PL 108-25 Sec 2.......       608
  Mother-to-child transmission
    Report to Congress.............  PL 108-25 Sec 313.....       634
  Overseas areas
    Placing U.S. health care         PL 108-25 Sec 304.....       629
     professionals.
  Prescription drugs
    Funding availability exceptions  PL 109-102 Sec 522....       962
    Illegal diversion of...........  PL 108-25 Sec 307.....       632
  Promoting public-private
   partnerships
    Findings of Congress...........  PL 108-25 Sec 201.....       621
  Public-private assistance
   programs
    Report to Congress.............  PL 108-25 Sec 315.....       635
  State Department
    Response coordinator of U.S.     PL 108-25 Sec 102.....       619
     activities to combat globally.
  Sub-Saharan Africa
    Findings of Congress...........  PL 108-25 Sec 2.......       609
    Private sector assistance......  PL 108-25 Sec 404.....       641
  U.S. Government activities to
   combat
    Appropriations, 2006...........  PL 109-102 Title II...       940
  U.S. Government activities to
   combat globally
    Coordinator of.................  PL 108-25 Sec 202(e)..       625
    Report to Congress.............  PL 108-25 Sec 202(g)..       625
HIV/AIDS--Continued
  U.S. Government activities to
   combat globally--Continued
    Response coordinator...........  PL 108-25 Sec 102.....       619
  Working Capital Fund.............  PL 108-447 Sec 525(b).      1035
  World global impact
    Findings of Congress...........  PL 108-25 Sec 2.......       608
HIV/AIDS, tuberculosis, and malaria
  Combating
    Allocation of appropriations...  PL 108-25 Sec 403.....       640
    Appropriations authorization...  PL 108-25 Sec 401.....       638
  Institute of Medicine
    Report on programs success       PL 108-25 Sec 101(c)..       619
     rates.
  Integrated strategy to combat
    Report to Congress.............  PL 108-25 Sec 101(b)..       616
    Resources distribution.........  PL 108-25 Sec 101(c)..       619
    Study on.......................  PL 108-25 Sec 101(c)..       619
Honduras-U.S. relations
  Foreign aid
    Appropriations, 2006...........  PL 109-102 Sec 576....       994
  Police training
    Foreign aid for................  PL 87-195 Sec 660(d)..       389
  Refugees.........................  PL 99-83 Sec 704......       782
Hospitals (abroad)
  Sponsored by U.S. citizens
    Foreign aid....................  PL 87-195 Sec 214.....        99
Hostages (U.S.)
  Iraq and Kuwait
    Benefits for...................  PL 101-513 Sec 599C...      1126
  Lebanon
    Benefits for...................  PL 101-513 Sec 599C...      1126
Housing
  Developing countries
    Domestic construction            PL 87-195 Sec 221.....       102
     capabilities.
Housing guaranties
  Developing countries
    Appropriations authorization...  PL 87-195 Sec 222.....       102
Human rights
  Chile
    Inter-American Commission on...  PL 93-189 Sec 35......       897
  Cuba
    Sense of Congress..............  PL 99-83 Sec 718......       787
  Female genital mutilation
    U.S. opposition to.............  PL 104-208 Sec 579....      1105
  Foreign aid conditioned on.......  PL 87-195 Sec 116.....        63
  Guatemala
    Findings of Congress...........  PL 99-83 Sec 703(h)...       781
  Inter-American Commission on.....  PL 87-195 Sec                177
                                      302(a)(2).
  Korea
    Erosion of.....................  PL 94-329 Sec 412.....       882
  Mexico
    Prisoners (U.S.)...............  PL 94-329 Sec 408.....       881
  North Korea
    Findings of Congress...........  PL 108-333 Sec 3......       559
    Foreign aid contingencies......  PL 108-333 Sec 202(b).       566
    Grants to promote democracy....  PL 108-333 Sec 102....       563
    Multilateral initiatives.......  PL 108-333 Sec 106....       564
    Promoting freedom of             PL 108-333 Sec 104....       563
     information.
    Promotion of...................  PL 108-333 Sec 4......       562
    Sense of Congress..............  PL 108-333 Sec 101....       563
    U.S. humanitarian assistance...  PL 108-333 Sec 201....       565
    U.S. Special Envoy.............  PL 108-333 Sec 107....       564
    UNCHR resolutions on...........  PL 108-333 Sec 105....       564
  North Korean Human Rights Act of   PL 108-333............       559
   2004.
    Definitions....................  PL 108-333 Sec 5......       562
  North Korean refugees and
   defectors
    U.S. policy on.................  PL 108-333 Sec 301....       567
Human rights--Continued
  Overseas Private Investment        PL 87-195 Sec 239(i)..       144
   Corporation.
  Promoting respect for foreign aid  PL 87-195 Sec 502B....       251
  Reaffirmation of congressional     PL 97-113 Sec 713.....       824
   support.
  Report to Congress...............  PL 87-195 Sec 502B(b).       253
    Severe forms of trafficking....  PL 87-195 Sec 502B(h).       256
  Security assistance conditioned    PL 87-195 Sec 502B(b).       253
   on.
  Status of
    Report to Congress.............  PL 87-195 Sec 116(d)..        65
  Trafficking in persons
    Report to Congress.............  PL 87-195 Sec 116(f)..        68
Human Rights and Foreign             PL 96-533 Sec 710.....       847
 Assistance, Interagency Group on.
Humanitarian assistance
  Code of conduct..................  PL 109-13 Sec 2110....      1029
Hungary-U.S. relations
  Overseas Private Investment
   Corporation
    Presidential determination.....  PL 87-195 Sec 239(f)..       143
Hunger
  Global
    Findings of Congress...........  PL 97-113 Sec 712.....       824
    National security impact.......  PL 97-113 Sec 712.....       824
Hunger prevention
  (see Food aid)

 
                                    I

IFI Executive Directors (U.S.)
  IFI compensation.................  PL 109-102 Sec 501....       951
Immigration (U.S.)
  Alien employees of U.S.            PL 87-195 Sec 635(f)..       366
   Government.
  Amerasians
    Admission to United States.....  PL 100-202 Sec 584....      1149
Imports
  Educational and cultural
   materials
India-U.S. relations
  Naval vessel transfer............  PL 109-134 Sec 3......       545
    (see also Educational and
     cultural exchange)
Indian Ocean
  Military forces deployed.........  PL 94-329 Sec 407.....       881
Indigenous peoples
  USAID Advisor on.................  PL 109-102 Sec 595....      1004
Indochina War
  International Commission of        PL 93-559 Sec 48......       890
   Control and Supervision.
  Laotian Agreement and Protocol     PL 93-189 Sec 34......       896
   (1973).
  Limitation on funds for..........  PL 93-189 Sec 31......       895
  Termination of...................  PL 93-189 Sec 30......       895
  Tonkin Gulf Resolution
    Repealed.......................  PL 91-672 Sec 12......       907
  Vietnam Agreement (1973).........  PL 93-189 Sec 34......       896
Indonesia-U.S. relations
  Foreign aid
    Certification..................  PL 109-102 Sec 599F-        1011
                                      599G.
Indus Basin Development
  Grants
    Appropriations authorization...  PL 87-195 Sec                177
                                      302(b)(2).
  Loans
    Appropriations authorization...  PL 87-195 Sec                177
                                      302(b)(1).
  U.S. contributions...............  PL 87-195 Sec 303.....       179
Infant feeding practices
  Developing countries
    Report to Congress.............  PL 97-113 Sec 301(b)..       820
Institute for Scientific and         PL 96-53 Sec 401-414..       854
 Technological Cooperation.
Intellectual property
  Protection of....................  PL 103-392 Sec 501....       738
Intelligence (foreign)
  Cuba-Russia relations............  PL 87-195 Sec 498A(d).       239
  Russia-U.S. relations............  PL 87-195 Sec 498A(d).       239
Inter-American Commission on Human
 Rights
  Chile............................  PL 93-189 Sec 35......       897
  Support of.......................  PL 87-195 Sec                177
                                      302(a)(2).
Inter-American Development Bank
  Social Progress Trust Fund         PL 93-189 Sec 36......       897
   Agreement (1961).
Inter-American Foundation
  Abolition of.....................  PL 106-113 Sec 586....      1084
    Report to Congress.............  PL 106-113 Sec 586(e).      1085
  Activities
    Authorities for................  PL 109-102 Sec 532....       967
  Appropriations, 2006.............  PL 109-102 Title II...       938
  Social Progress Trust Fund.......  PL 93-189 Sec 36......       897
Inter-American Foundation Act......  PL 91-175 Part IV.....       909
Inter-American Investment
 Corporation
  Appropriations, 2006.............  PL 109-102 Title IV...       949
Inter-American Social Development
 Institute
  (see Inter-American Foundation)
Interagency Group on Human Rights    PL 96-533 Sec 710.....       847
 and Foreign Assistance.
Interagency Task Force to Monitor    PL 106-386 Sec 105....       693
 and Combat Trafficking.
International Advisory Commission    PL 99-83 Sec 714......       785
 for the Caribbean Region.
International agreements
  (see also Executive-legislative
   relations)
  U.S. contribution to.............  PL 87-195 Sec 302(l)..       179
International Anti-Terrorism
 Committee
  Establishment of.................  PL 99-83 Sec 506......       770
International Atomic Energy Agency
  Iran
    Nuclear weapons development....  PL 87-195 Sec 307(d)..       183
International Atomic Energy Agency-
 U.S. relations
  Appropriations, 2006
    Restrictions on................  PL 109-102 Title II...       945
  Israel participation
    Report to Congress.............  PL 109-102 Title II...       945
  Voluntary contributions..........  PL 108909102 Title II.       945
International Bank for
 Reconstruction and Development
  (see World Bank)
International Civil Aviation
 Organization
  Enforcement of standards.........  PL 99-83 Sec 554......       771
International Committee of the Red
 Cross (ICRC)
  Appropriations, 2006.............  PL 109-102 Title II...       944
  Contribution to
    Certification..................  PL 109-102 Title II...       944
International conferences
  Federal employees attendance       PL 109-102 Sec 580....       996
   limitation.
International Criminal Court
  Participating countries
    Foreign aid restrictions.......  PL 109-102 Sec 574....       993
International Development and Food   PL 94-161.............       887
 Assistance Act of 1975.
International Development and Food   PL 95-88 Sec 1........       875
 Assistance Act of 1977.
International Development and Food   PL 95-424.............       864
 Assistance Act of 1978.
International Development
 Association
  Appropriations, 2006.............  PL 109-102 Title IV...       949
  Fourteenth replenishment           PL 109-102 Sec 599C...      1008
   authorization.
International Development            PL 96-53 Sec 1........       853
 Cooperation Act of 1979.
International Disaster Assistance
  Appropriations, 2006.............  PL 109-102 Title II...       930
International Fertilizer             PL 109-102 Title II...       930
 Development Center.
International Financial Institution
 Advisory Commission
  Establishment of.................  PL 105-277 Sec 603....      1097
  Report to Congress...............  PL 105-277 Sec 603(g),      1098
                                      (i).
International financial
 institutions (IFIs)
  (see also Multilateral
   development banks)
  Foreign countries
    Auditing funds and receipts....  PL 104-208 Sec 576....      1104
  Loans to Burma
    Opposition to..................  PL 109-102 Sec 526....       964
  Loans to Tibet
    U.S. support for...............  PL 109-102 Sec 575....       994
  Loans to Zimbabwe
    U.S. opposition to.............  PL 109-102 Sec 572....       993
  User fees
    U.S. opposition to.............  PL 109-102 Sec 562....       987
International Food and Agricultural
 Development
  Board for........................  PL 87-195 Sec 298.....       169
International Food Policy Research
 Institute
  U.S. participation...............  PL 87-195 Sec 301(h)..       175
International Fund for Agricultural
 Development
  Appropriations, 2006.............  PL 109-102 Title IV...       950
  U.S. participation...............  PL 87-195 Sec 103(g)..        38
International law
  (see Arbitration)
  (see Organization of American
   States-U.S. relations)
  (see United Nations)
International Law Enforcement
 Academies
  Appropriations, 2006.............  PL 109-102 Title II...       941
International Monetary Fund
  Policy implementation
    Certification of...............  PL 106-429 Sec              1065
                                      801(c)(1)(B).
  Principles for lending
    U.S. goals.....................  PL 106-429 Sec 805....      1067
  Structural reform efforts
    Report to Congress.............  PL 105-277 Sec 606....      1099
International Narcotics Control      PL 87-195 Sec 489(a)..       204
 Strategy Report.
International Organization for
 Migration
  Appropriations, 2006.............  PL 109-102 Title II...       944
International organizations
  (see also respective
   institutions)
  Foreign aid personnel assigned to  PL 87-195 Sec 628.....       355
  Funding contributed by the United
   States
    Report to Congress.............  PL 87-195 Sec 307(b)..       182
  U.S. voluntary contributions.....  PL 99-83 Sec 402......       768
    Report to Congress.............  PL 87-195 Sec 306.....       180
International organizations and
 programs
  Appropriations, 2006.............  PL 109-102 Title IV...       951
  Limitation of funds appropriated.  PL 109-102 Sec 516....       959
International organizations-U.S.
 relations
  Military aid
    Eligibility....................  PL 107-327 Sec 203....       659
International Private Investment     PL 87-195 Sec 601(c)..       304
 Advisory Council on Foreign Aid.
International Scientific and         PL 96-53 Sec 407......       858
 Technological Cooperation, Council
 on.
International Security and           PL 98-151 Sec                815
 Development Assistance               101(b)(2).
 Authorizations Act of 1983.
International Security and           PL 96-533.............       837
 Development Cooperation Act of
 1980.
International Security and           PL 97-113.............       819
 Development Cooperation Act of
 1981.
International Security and           PL 99-83..............       757
 Development Cooperation Act of
 1985.
International Security Assistance    PL 95-92..............       872
 Act of 1977.
International Security Assistance    PL 95-384.............       868
 Act of 1978.
International Security Assistance    PL 96-92..............       850
 Act of 1979.
International Security Assistance    PL 94-329.............       879
 and Arms Export Control Act of
 1976.
International University for the
 Americas
  Progress toward establishing
    Report to Congress.............  PL 102-549 Sec 604....       746
  Report to Congress...............  PL 102-549 Sec 604....       746
Investment
  Defined..........................  PL 87-195 Sec 238(a)..       140
  Foreign resistance to
    Foreign aid cut-off............  PL 87-195 Sec 620(l)..       329
  Guaranties
    Disputes.......................  PL 87-195 Sec 635(i)..       367
Investment abroad (private)
  Advisory council on..............  PL 87-195 Sec 601(c)..       304
Iran-Russia relations
  Foreign aid, 2006
    Technical assistance             PL 109-102 Title II...       938
     prohibitions.
  Technical assistance
    Determination and certification  PL 109-102 Title II...       938
Iran-U.S. relations
  Democracy and human rights
    Support for....................  PL 109-102 Title II...       941
  Foreign aid
    Direct funding prohibition.....  PL 109-102 Sec 507....       954
  Foreign aid programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Nuclear weapons development
    Report to Congress.............  PL 87-195 Sec 307(d)..       183
Iraq reconstruction
  Oversight of.....................  PL 109-102 Sec 599....      1006
Iraq Reconstruction, Office of the   PL 108-106 Sec 3001...      1045
 Special Inspector General for.
Iraq Relief and Reconstruction Fund
  Proposed use of funds
    Report to Congress.............  PL 108-106 Sec 2207...      1043
Iraq Sanctions Act of 1990.........  PL 101-513 Sec 586....      1125
Iraq Sanctions Act of 1992
  Provisions of
    Suspension by President........  PL 108-11 Sec 1503....      1058
Iraq-U.S. relations
  Foreign aid programs
    Withholding of U.S.              PL 87-195 Sec 307.....       180
     proportionate funds.
  Military aid
    Nonlethal military equipment...  PL 108-11 Sec 1504....      1058
  Reconstruction activities
    Special Inspector General for..  PL 108-106 Sec 3001...      1045
Ireland, International Fund for
  Economic Support Fund
    Foreign aid, 2006..............  PL 109-102 Title II...       936
Israel-Egypt relations
  Peace process....................  PL 99-83 Sec 1206.....       809
Israel-U.S. relations
  Air base construction............  PL 87-195 Sec 561.....       295
  Arab League boycott
    Sense of Congress..............  PL 109-102 Sec 535....       972
  Arms sales.......................  PL 99-83 Sec 101(c)...       758
                                     PL 91-672 Sec 5.......       905
    Grants.........................  PL 109-102 Title III..       947
  Desalting plant..................  PL 87-195 Sec 219.....       100
  Designation as a major non-NATO    PL 87-195 Sec 517(b)..       278
   ally.
  Economic conditions
    Impact on foreign debt.........  PL 99-83 Sec 1205.....       809
  Economic Support Fund............  PL 99-83 Sec 202......       764
    Appropriations, 2006...........  PL 109-102 Title II...       934
  International Atomic Energy
   Agency
    Israeli participation..........  PL 109-102 Title II...       945
  Loan guarantees..................  PL 87-195 Sec 226.....       112
    Fiscal year allocations........  PL 87-195 Sec 226(b)..       112
    Limitations on amount..........  PL 87-195 Sec 226(d)..       113
    Report to Congress.............  PL 87-195 Sec 226(k)..       115
  Peace negotiations...............  PL 95-384 Sec 28......       871
Italy-U.S. relations
  Disaster assistance
    Appropriations authorization...  PL 87-195 Sec 495B....       218

 
                                    J

Jamaica-U.S. relations
  Economic Support Fund
    Aid contingent on drug control.  PL 99-83 Sec 610......       772
Japan-U.S. relations
  Designation as a major non-NATO    PL 87-195 Sec 517(b)..       278
   ally.
Javits reports
  Arms sales
    Annual estimate and              PL 90-629 Sec 25......       454
     justification.
Jobs Through Exports Act of 1992...  PL 102-549............       740
Jobs Through Trade Expansion Act of  PL 103-392............       738
 1994.
Jordan-U.S. relations
  Arms sales.......................  PL 99-83 Sec 130......       760
  Debt relief
    Appropriations, 1994...........  PL 103-306 Title VI...      1112
  Economic Support Fund
    Appropriations, 2006...........  PL 109-102 Title II...       934
  Foreign aid......................  PL 96-533 Sec 712.....       847
  Middle East peace................  PL 99-83 Sec 130......       760
  Military aid
    Appropriations, 2006...........  PL 109-102 Title III..       948

 
                                    K

Kemp-Kasten amendment..............  PL 109-102 Title II...       928
Kenneth M. Ludden Foreign            PL 107-115............      1060
 Operations, Export Financing, and
 Related Programs Appropriations
 Act, 2002.
Korea (Republic of)-U.S. relations
  Armed forces modernization.......  PL 95-384 Sec 23......       869
  Cooperation in U.S.                PL 95-92 Sec 28.......       874
   investigations.
  Defense articles transferred.....  PL 91-652 Sec 3-4.....       903
  Democratization..................  PL 99-83 Sec 908......       808
  Human rights.....................  PL 94-329 Sec 412.....       882
  Troop withdrawal.................  PL 95-384 Sec 23......       869
  War reserves stockpile, transfer   PL 109-159............       543
   of.

                                    L

Land mines
  Demining and clearance
    Agency for International         PL 109-102 Sec 546....       977
     Development grants.
    Appropriations, 2006...........  PL 109-102 Title II...       945
Language requirements
  Foreign aid personnel............  PL 87-195 Sec 625(i)..       353
Laos-U.S. relations
  Aliens in the United States
    Status of......................  PL 106-429 Sec 586....      1062
  Indochina War
    Agreement and Protocol on        PL 93-189 Sec 34......       896
     (1973).
Latin America
  Education
    (see Education)
Latin America-U.S. relations
  Administration of justice
    Economic Support Fund            PL 87-195 Sec 534.....       285
     assistance.
  Drug control
    Transfer of funds appropriated.  PL 101-167 Sec 569(d).      1134
  Foreign debt
    Report to Congress.............  PL 99-83 Sec 719......       788
  Trade
    United States Commercial         PL 102-549 Sec 401....       743
     Centers.
Lautenberg amendment...............  PL 109-102 Sec 561....       986
Lavi program
  Israel
    Foreign military sales           PL 99-83 Sec 101(c)...       758
     financing.
Leahy amendment....................  PL 109-102 Sec 551....       980
Leasing
  Defense equipment
    Excess defense articles........  PL 90-629 Sec 61......       514
    Presidential authority.........  PL 90-629 Sec 61......       514
    Report to Congress.............  PL 90-629 Sec 61......       514
                                     PL 90-629 Sec 62......       516
    Waiver of costs................  PL 90-629 Sec 61......       514
  Strategic and critical materials
    Restrictions on................  PL 90-629 Sec 65(c)...       518
Lebanon-Syria relations
  Findings of Congress.............  PL 108-175 Sec 2......       596
Lebanon-U.S. relations
  Civil strife
    Sense of Congress..............  PL 94-329 Sec 410.....       882
  Economic Support Fund
    Foreign aid, 2006..............  PL 109-102 Title II...       935
  Foreign aid......................  PL 87-195 Sec 495C....       219
                                     PL 87-195 Sec 495J....       223
  Resolution of crisis.............  PL 97-113 Sec 715.....       824
Legislative Reorganization Acts
 (1946 and 1970)
  Foreign affairs oversight........  PL 92-226 Sec 407.....       902
Less-developed countries
  (see also Africa-U.S. relations)
  (see also Latin America-U.S.
   relations)
  Agricultural commodity imports
    (see Agricultural commodity
     sales)
  Arms sales to (U.S.).............  PL 90-629 Sec 35......       467
    Sophisticated weapons..........  PL 90-629 Sec 4.......       434
  Foreign aid
    Agricultural programs..........  PL 87-195 Sec 222A....       104
  Limiting conventional weapons      PL 99-83 Sec 129......       759
   arms transfers to.
Liberia
  Foreign aid
    Conditions for.................  PL 99-83 Sec 807......       803
    Notification requirements......  PL 109-102 Sec 520....       961
Libya-U.S. relations
  Foreign aid
    Direct funding prohibition.....  PL 109-102 Sec 507....       954
  Foreign aid programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Imports and exports
    Prohibition on.................  PL 99-83 Sec 504......       769
  Terrorism........................  PL 97-113 Sec 718.....       826
Loan guarantees
  Developing countries
    Appropriations, 2006...........  PL 109-102 Title II...       931
Locust plagues
  Africa
    Foreign aid....................  PL 95-424 Sec 120.....       865
Lodge Commission
  Negotiations to implement........  PL 92-226 Sec 410.....       902

 
                                    M

Magen David Adom Society of Israel
  Participation in the ICRC........  PL 109-102 Title II...       944
Malaria
  Appropriations, 2006.............  PL 109-102 Sec 598....      1005
  Combating
    Coordination efforts...........  PL 87-195 Sec 104C(d).        55
    Findings of Congress...........  PL 87-195 Sec 104C(a).        55
    U.S. policy on.................  PL 87-195 Sec 104C(b).        55
  Foreign aid
    Appropriations authorization...  PL 108-25 Sec 302.....       628
  Resurgence of
    World Health Organization        PL 108-25 Sec 2(14)...       611
     estimates.
  Vaccine development programs
    U.S. contribution to...........  PL 87-195 Sec 302(m)..       179
Management and Budget, Office of
  Use of Iraq reconstruction funds
    Report to Congress.............  PL 108-106 Sec 2207...      1043
Mansfield amendment................  PL 87-195 Sec 481(c)..       193
Mediation
  (see Arbitration)
Mediterranean (Eastern)-U.S.
 relations
  Military aid.....................  PL 87-195 Sec 620C....       337
  Military balance maintenance.....  PL 101-167 Sec 573(e).      1136
Merchant marine (U.S.)
  Defense articles shipped by......  PL 87-195 Sec 603.....       306
  Differential in rates
    Foreign aid....................  PL 87-195 Sec 640C....       376
  Fresh fruit shipped by...........  PL 87-195 Sec 603.....       306
Mexican Debt Disclosure Act of 1995  PL 104-6 Title IV.....      1108
Mexico-U.S. relations
  Economic policies
    Findings of Congress...........  PL 104-6 Sec 401......      1108
    Report to Congress.............  PL 104-6 Sec 403-404..      1108
  Facilitating international trade.  PL 99-83 Sec 717......       787
  Loans, credits, guarantees, and
   currency swaps
    Presidential certification.....  PL 104-6 Sec 406......      1110
  Prisoners in Mexico..............  PL 94-329 Sec 408.....       881
MIA
  (see also Indochina War)
  Indochina War
    Laotian Agreement and Protocol   PL 93-189 Sec 34......       896
     (1973).
  Vietnam
    Accounting of..................  PL 95-88 Sec 132(b)...       876
Microenterprise development
 assistance
  Availability of funds
    Authorizations.................  PL 87-195 Sec 256(f)..       154
  Grant assistance
    Findings of Congress...........  PL 87-195 Sec 251.....       149
  Programs
    Findings of Congress...........  PL 108-484 Sec 2......       604
    Sense of Congress..............  PL 108-484 Sec 7......       605
    U.S. policy on.................  PL 108-484 Sec 2......       604
  Report to Congress...............  PL 108-31.............       607
Microenterprise Development, Office
 of
  Established......................  PL 87-195 Sec 252(b)..       150
Microenterprise Results and          PL 108-484............       604
 Accountability Act of 2004.
Microfinance
  U.S. loan facility
    Establishment of...............  PL 87-195 Sec 257.....       156
Microfinance enterprise development
  Definitions......................  PL 87-195 Sec 259.....       159
  Report to Congress...............  PL 87-195 Sec 258.....       158
Middle East
  (see also Israel-U.S. relations)
  Aid to Egypt and Israel
    International efforts..........  PL 94-161 Sec 322.....       888
Middle East Foundation.............  PL 109-102 Sec 534(k).       971
Middle East-U.S. relations
  Arms shipments to
    Limitation on..................  PL 91-672 Sec 5.......       905
  Peace efforts....................  PL 96-533 Sec 711.....       847
    Findings of Congress...........  PL 95-384 Sec 28......       871
  Science and technology
   cooperative
    Sense of Congress..............  PL 99-83 Sec 202(c)...       765
Military (foreign)
  Defense articles and services
    Utilization of.................  PL 87-195 Sec 502.....       251
  Military training provided by
   United States
    Report to Congress.............  PL 87-195 Sec 656.....       385
Military (U.S.)
  (see Mutual defense)
Military (U.S.), stationed abroad
  Managing U.S. military aid.......  PL 87-195 Sec 515(a)..       272
    Presidential determination on..  PL 87-195 Sec                273
                                      515(c)(1).
  Report to Congress...............  PL 90-629 Sec 21(c)(2)       438
Military aid (U.S.)
  (see also Arms sales)
  (see also Economic Support Fund)
  (see also Mutual defense)
  Administrative costs
    Appropriations, 2006...........  PL 109-102 Title III..       948
  Allocation changes...............  PL 87-195 Sec 653.....       382
  Appropriations, 2006.............  PL 109-102 Title III..       947
  Arms control
    Considerations in providing      PL 87-195 Sec 511.....       269
     assistance.
  Certain excess defense articles
    Congressional notification.....  PL 87-195 Sec 516(f)..       276
  Consolidation of accounts........  PL 87-195 Sec 610.....       314
  Counterpart funds................  PL 93-189 Sec 40......       899
  Country funding level increases
    Congressional notification.....  PL 109-102 Title III..       948
  Defense articles
    Appropriations authorization...  PL 87-195 Sec 504.....       260
    Loans of.......................  PL 87-195 Sec 503-504.       258
    Repair of......................  PL 90-629 Sec 21(l)...       445
    Return of......................  PL 90-629 Sec 21(m)...       446
  Defense Department expenses
    Funding limitation.............  PL 109-102 Title III..       948
Military aid (U.S.)--Continued
  Determination on.................  PL 87-195 Sec 505(c)..       261
  Discrimination against U.S.
   persons
    Assistance prohibition.........  PL 87-195 Sec 505(g)..       263
  Eastern Mediterranean............  PL 87-195 Sec 620C....       337
  Education and training...........  PL 87-195 Sec 541-543.       287
                                     PL 94-329 Sec 106.....       879
    Appropriations authorization...  PL 87-195 Sec 542.....       288
    Maritime skills................  PL 87-195 Sec 545.....       291
  Education and training programs
    Exchange students..............  PL 87-195 Sec 544.....       290
  Egypt
    Funds transfer to an interest    PL 109-102 Title III..       948
     bearing account.
  El Salvador......................  PL 101-513 Sec 531....      1118
  Eligibility
    Conditions of..................  PL 87-195 Sec 505.....       260
  Emergency authority..............  PL 87-195 Sec 506.....       250
  Excess defense articles
    Authority to transfer..........  PL 87-195 Sec 516.....       274
    Terms of transfers.............  PL 87-195 Sec 516(c)..       275
    Transfer limitations...........  PL 87-195 Sec 516(b)..       274
    Transportation and related       PL 87-195 Sec 516(e)..       275
     costs of transfers.
  Exchanged for strategic raw        PL 87-195 Sec 663.....       393
   materials.
  Foreign Military Financing
   Program
    Appropriations, 2006...........  PL 109-102 Title III..       947
    Egypt..........................  PL 109-102 Title III..       947
    Israel.........................  PL 109-102 Title III..       947
    Jordan.........................  PL 109-102 Title III..       948
  Foreign military sales
    Refinancing....................  PL 100-202 Title III..      1146
  Grant assistance
    Prohibition on.................  PL 87-195 Sec 546.....       291
  Guatemala
    Prohibited.....................  PL 109-102 Title III..       948
  Hostile countries
    Mutual defense against.........  PL 87-195 Sec 501.....       249
  International military education
   and training
    Appropriations, 2006...........  PL 109-102 Title III..       947
  Military personnel assigned
   abroad
    Restrictions on................  PL 87-195 Sec                273
                                      515(c)(2).
  North Atlantic Treaty
   Organization
    Excess defense articles........  PL 87-195 Sec                275
                                      516(c)(2).
    Standardization agreements.....  PL 90-629 Sec 21(g)...       442
  Overseas management of
    Using U.S. military personnel..  PL 87-195 Sec 515(a)..       272
  Pakistan
    Presidential waiver............  PL 87-195 Sec 620E....       340
  Policy...........................  PL 87-195 Sec 501.....       249
  President
    Report to Congress.............  PL 87-195 Sec                265
                                      506(b)(2).
  Procurement of defense articles
   and services
    Financing of...................  PL 109-102 Title III..       948
  Report to Congress...............  PL 87-195 Sec                264
                                      506(a)(1).
                                     PL 87-195 Sec                265
                                      506(a)(2).
                                     PL 109-102 Sec 584....       997
  Secretary of Defense.............  PL 87-195 Sec 623.....       350
  Security assistance surveys......  PL 90-629 Sec 26......       457
  Stockpiling for foreign countries
    Authority to transfer..........  PL 87-195 Sec 514.....       269
  Sudan
    Prohibited.....................  PL 109-102 Title III..       948
  Termination of
    Presidential action............  PL 87-195 Sec 505(c)..       261
Military aid (U.S.)--Continued
  Termination of--Continued
    Presidential determination.....  PL 87-195 Sec 505(b)..       261
  Training foreign participants
    Annual list of personnel or      PL 87-195 Sec 548(b)..       292
     military units.
    Records database...............  PL 87-195 Sec 548.....       291
  Turkey...........................  PL 99-83 Sec 101(f)...       759
  Unauthorized use of
    Termination of assistance......  PL 87-195 Sec 505(d)..       261
Military bases abroad
  (see Military (U.S.), stationed
   abroad)
Military equipment (U.S.)
  Missiles and missile technology
    Export controls................  PL 90-629 Sec 71......       519
    Transfer of....................  PL 90-629 Sec 71......       519
    United States Munitions List...  PL 90-629 Sec 71......       519
  Transfer excess defense articles
    Report to Congress.............  PL 101-167 Sec 573(c).      1135
  Transfer to drug producing         PL 101-167 Sec 573....      1135
   countries.
  Transfer to NATO members.........  PL 90-629 Sec 91......       531
    Definitions....................  PL 90-629 Sec 95......       533
  Transfer to NATO southern flank    PL 101-167 Sec 573....      1135
   countries.
  United States Munitions List
    Export controls................  PL 90-629 Sec 71......       519
  Used for land mine removal
    Disposed of on a grant basis...  PL 109-102 Sec 546....       977
Military equipment
  Terrorist countries receiving
    Prohibitions...................  PL 87-195 Sec 620H....       346
  Uranium ammunition
    Restrictions on................  PL 87-195 Sec 620G....       345
Military sales
  (see Arms sales)
Millennium Challenge Act of 2003...  PL 108-199 Sec 601....       571
  Definitions......................  PL 108-199 Sec 603....       571
Millennium Challenge Compact
  Elements of......................  PL 108-199 Sec 609(b).       579
Millennium Challenge Corporation
  Appropriations authorization.....  PL 108-199 Sec 619....       587
  Appropriations, 2006.............  PL 109-102 Title II...       939
  Assistance
    Quarterly public disclosures...  PL 108-199 Sec 612....       582
  Assistance provided
    Report to Congress.............  PL 108-199 Sec 613....       582
  Board of Directors...............  PL 108-199 Sec 604(c).       573
    Assistance authorization.......  PL 108-199 Sec 605....       574
    Assistance limitations.........  PL 108-199 Sec 605(e).       575
  Candidate countries
    Assistance to..................  PL 108-199 Sec 616....       585
    Eligibility determination......  PL 108-199 Sec 607....       576
    Identification of..............  PL 108-199 Sec 608....       578
  Candidate countries for
   assistance
    Low income.....................  PL 108-199 Sec 606....       575
    Lower middle income............  PL 108-199 Sec 606(b).       576
  Chief Executive Officer..........  PL 108-199 Sec 604(b).       572
  Compact agreement................  PL 108-199 Sec 609....       579
  Coordination with Agency for       PL 108-199 Sec 615....       585
   International Development.
  Country Compact negotiations
    Congressional consultation.....  PL 108-199 Sec 610....       581
  Eligibility criteria
    Report to Congress.............  PL 108-199 Sec 608(b).       578
  Eligible countries
    Report to Congress.............  PL 108-199 Sec 608(c).       278
  Establishment and management of..  PL 108-199 Sec 604....       572
Millennium Challenge Corporation--
 Continued
  Foreign aid, 2006................  PL 109-102 Title II...       939
  Global development...............  PL 108-199 Sec 602....       571
  Powers and related provisions....  PL 108-199 Sec 614....       583
  Report to Congress
    List of candidate countries....  PL 109-102 Title II...       939
  Suspension or termination of
   country assistance
    Conditions for.................  PL 108-199 Sec 611....       581
    Report to Congress.............  PL 108-199 Sec 611(c).       582
Minorities
  Economic Support Fund
    Minority set aside.............  PL 99-83 Sec 315......       768
Minority Resource Center...........  PL 98-151 Sec                817
                                      101(b)(2).
                                     PL 95-88 Sec 133(c)...       877
Missile Technology Control Regime
  Adherent countries
    Report to Congress.............  PL 90-629 Sec 73A.....       525
  Definitions......................  PL 90-629 Sec 74......       526
  Export controls
    Presidential sanctions.........  PL 90-629 Sec 72-73...       520
    Presidential waiver............  PL 90-629 Sec 73(e)...       524
  Foreign persons
    Export controls................  PL 90-629 Sec 73......       522
  U.S. persons
    Export controls................  PL 90-629 Sec 72......       520
Missiles
  (see Military equipment (U.S.))
Missing-in-action
  (see MIA)
Mozambique-U.S. relations
  Foreign aid
    Conditions for.................  PL 99-83 Sec 813......       803
Multilateral development banks
  Developmental programs
    Foreign aid....................  PL 87-195 Sec 209.....        98
  Environment
    Report to Congress.............  PL 102-391 Sec 532(c).      1115
  Environmental concerns
    Promoting U.S. policies........  PL 101-513 Sec 533....      1122
  Policy goals.....................  PL 109-102 Sec 599B...      1006
  U.S. contributions to............  PL 109-102 Title IV...       949
Multilateral Investment Guarantee
 Agency
  Capital stock increase
    Appropriations, 2006...........  PL 109-102 Title IV...       949
Multilateral organizations
  (see International organizations)
Mutual defense
  Arms sales.......................  PL 90-629 Sec 4.......       434
  Foreign aid effect on............  PL 87-195 Sec 650.....       381
Mutual Educational and Cultural
 Exchange Act of 1961
  (see Educational and cultural
   exchange)

 
                                    N

Nagorno-Karabagh-U.S. relations
  Confidence building measures
    Appropriations, 2006...........  PL 109-102 Title II...       937
Narcotics (Illicit)
  (see Drug control)
National commitments
  Foreign aid......................  PL 87-195 Sec 650.....       381
National Endowment for Democracy
  Activities.......................  PL 109-102 Title II...       940
National security
  Global problems affecting........  PL 97-113 Sec 710.....       823
Nationality
  (see Refugees)
Nationalizations
  (see also Foreign Claims
   Settlement Commission)
  Cuba
    Foreign aid prohibition........  PL 87-195 Sec 620(a)..       323
  Overseas Private Investment
   Corporation
    Providing insurance against....  PL 87-195 Sec                124
                                      234(a)(1)(B).
  U.S. policy on...................  PL 87-195 Sec                304
                                      601(b)(6).
  U.S. property
    Foreign aid cut-off............  PL 87-195 Sec                325
                                      620(e)(1)(A).
    Hickenlooper amendment.........  PL 87-195 Sec                325
                                      620(e)(1).
NATO/CFE (North Atlantic Treaty
 Organization/Conventional Forces
 in Europe) countries-U.S.
 relations
  Cooperative research and
   development programs
    Lending materials and equipment  PL 90-629 Sec 65......       518
  Southern and southeastern flank
    U.S. military aid..............  PL 87-195 Sec                275
                                      516(c)(2).
  U.S. arms transfers
    CFE Treaty limits..............  PL 90-629 Sec 93......       532
  U.S. military aid
    Excess defense articles........  PL 87-195 Sec                275
                                      516(c)(2).
    Standardization agreements.....  PL 90-629 Sec 21(g)...       442
Natural resources
  Conservation of
    Foreign aid....................  PL 87-195 Sec 117.....        70
  Developing countries
    Foreign aid....................  PL 87-195 Sec 117.....        70
  Tropical forests
    Conservation of................  PL 87-195 Sec 802.....       407
    Foreign aid....................  PL 87-195 Sec 118.....        71
Naval Vessels Transfer Act of 2005.  PL 109-134............       545
Neglected diseases.................  PL 109-102 Sec 593....      1003
Nepal-U.S. relations
  Foreign aid......................  PL 109-102 Sec 592....      1003
New Zealand-U.S. relations
  Designation as a major non-NATO    PL 87-195 Sec 517(b)..       278
   ally.
Nicaragua-U.S. relations
  Conflict in
    Findings of Congress...........  PL 99-83 Sec 722(c)...       790
    Resolution of..................  PL 99-83 Sec 722(c)...       790
  Contadora Agreement
    Aid in implementing............  PL 99-83 Sec 722(h)...       795
  Findings and policy of Congress..  PL 99-83 Sec 722......       789
  Foreign aid
    Appropriations, 2006...........  PL 109-102 Sec 576....       994
    Disaster assistance............  PL 87-195 Sec 494.....       217
  Funding activities against the
   government
    Limitations on.................  PL 99-83 Sec 722(e)...       794
  Military aid
    Prohibited.....................  PL 96-533 Sec 119.....       839
  Military or paramilitary
   activities assistance
    Prohibited.....................  PL 99-83 Sec 722(d)...       794
  Nicaraguan foreign and domestic    PL 99-83 Sec 722(b)...       789
   policies.
  Report to Congress...............  PL 99-83 Sec 722(j)...       796
  U.S. aid.........................  PL 97-113 Sec 724.....       829
  U.S. policies toward.............  PL 99-83 Sec 722(i)...       795
Nicaraguan Democratic Resistance-
 U.S. relations
  Humanitarian assistance..........  PL 99-83 Sec 722(g)...       795
Nigeria-U.S. relations
  Surrender of Charles Taylor
    Aid restriction................  PL 109-102 Sec 590(d).      1002
Nongovernmental organizations
  Channeling foreign aid through...  PL 99-83 Sec 311......       767
  Foreign aid
    Documentation requirements.....  PL 109-102 Sec 541....       975
  Foreign aid channel for North      PL 108-333 Sec 202....       566
   Korea.
  Programs support
    Foreign aid....................  PL 109-102 Sec 536....       972
Nonproliferation
  Control assistance
    Foreign aid....................  PL 87-195 Sec 581.....       300
    Use of.........................  PL 109-102 Sec 599A...      1006
Nonproliferation and Disarmament
 Fund
  Appropriations, 2006.............  PL 109-102 Title II...       945
North Korea-U.S. relations
  Foreign aid
    Direct funding prohibition.....  PL 109-102 Sec 507....       954
    Human rights contingencies.....  PL 108-333 Sec 202(b).       566
    Monitoring of..................  PL 108-333 Sec 202....       566
  Foreign aid programs
    Withholding of U.S.              PL 87-195 Sec 307.....       180
     proportionate funds.
  Human rights
    Findings of Congress...........  PL 108-333 Sec 3......       559
    Grants to promote..............  PL 108-333 Sec 102....       563
    Humanitarian assistance........  PL 108-333 Sec 201....       565
    Promoting freedom of             PL 108-333 Sec 104....       563
     information.
    Promotion of...................  PL 108-333 Sec 4......       562
    Regional dialogues.............  PL 108-333 Sec 106....       564
    U.S. Special Envoy.............  PL 108-333 Sec 107....       564
  Human rights negotiations
    Sense of Congress..............  PL 108-333 Sec 101....       563
  Immigration information
    Report to Congress.............  PL 108-333 Sec 305....       569
  Military forces
    Report to Congress.............  PL 104-208 Sec 585....      1107
  Outside groups and persons
    Humanitarian assistance........  PL 108-333 Sec 203....       567
  Radio broadcasting to
    Sense of Congress..............  PL 108-333 Sec 103....       563
  Refugee status or asylum           PL 108-333 Sec 302....       568
   consideration.
  Refugees
    Admission application..........  PL 108-333 Sec 303....       568
  Refugees and defectors
    U.S. policy on.................  PL 108-333 Sec 301....       567
  United Nations Commission on
   Human Rights
    Sense of Congress..............  PL 108-333 Sec 105....       564
North Korean Human Rights Act of     PL 108-333............       559
 2004.
North Vietnam-U.S. relations
  (see Indochina War)
Nuclear detonations
  U.S. foreign policy..............  PL 97-113 Sec 737.....       836
Nuclear facilities
  Economic Support Fund
    Restrictions on................  PL 99-83 Sec 207......       767
  Report to Congress...............  PL 97-113 Sec 735.....       835
Nuclear nonproliferation
  Controls
    Foreign aid....................  PL 90-629 Sec 101.....       534
  Enrichment transfers
    Foreign aid prohibition........  PL 90-629 Sec 101.....       534
Nuclear nonproliferation--Continued
  Reprocessing transfers
    Foreign aid prohibition........  PL 90-629 Sec 102.....       535
  South Asia
    Findings of Congress...........  PL 87-195 Sec 620F....       344
    Report to Congress.............  PL 87-195 Sec 620F(c).       345
    Sense of Congress..............  PL 87-195 Sec 620F....       344
Nuclear transfers
  U.S. foreign policy..............  PL 97-113 Sec 737.....       836

 
                                    O

Oaths of allegiance
  (see Refugees)
Obligations (U.S.)
  Definitions and applications.....  31 USC 1551...........      1155
  Documentary evidence requirements  31 USC 1501...........      1154
OECD
  (see Organization for Economic
   Cooperation and Development)
Offset agreements
  Arms sales
    Incentive payments prohibition.  PL 90-629 Sec 39A.....       495
Okinawa-U.S. relations
  Chemical munitions
    Transfer to United States......  PL 91-672 Sec 13......       907
Olympic games
  Boycott of.......................  PL 96-533 Sec 718.....       849
Organization for Economic
 Cooperation and Development (OECD)
  Development Assistance Committee.  PL 87-195 Sec 631(c)..       356
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..................  PL 87-195 Sec 501.....       249
Orphans and vulnerable children      PL 109-95.............       554
                                     PL 87-195 Sec 135.....        93
  Report to Congress...............  PL 109-95 Sec 5.......       557
Overseas Private Investment
 Corporation (OPIC)
  Activities
    Environmental impact...........  PL 87-195 Sec 231A(b).       120
  Agricultural credit and            PL 87-195 Sec 222A(f).       105
   assistance programs.
  Applicability of U.S. Code.......  PL 87-195 Sec 239(c)..       141
  Appropriations, 2006.............  PL 109-102 Title I....       926
  Board of directors...............  PL 87-195 Sec 233(b)..       121
  Capital stock....................  PL 87-195 Sec 232.....       121
  Creation, purpose and policy.....  PL 87-195 Sec 231.....       116
  Developing countries
    U.S. small business              S 2757 Sec 109........       749
     participation.
  Direct investment................  PL 87-195 Sec 234(c)..       126
  Equity financing program
    Congressional consultation.....  PL 87-195 Sec                130
                                      234(g)(6).
    Limitations on.................  PL 87-195 Sec                129
                                      234(g)(2).
    Pilot program..................  PL 87-195 Sec 234(g)..       128
  Exports
    Insurance guaranty program.....  PL 87-195 Sec 240B....       147
  Functions........................  PL 87-195 Sec 234.....       124
  General provisions and powers....  PL 87-195 Sec 239.....       141
  Human rights.....................  PL 87-195 Sec 239(i)..       144
  Impact of guarantees on            PL 87-195 Sec 231.....       116
   employment.
Overseas Private Investment
 Corporation (OPIC)--Continued
  Income and revenues..............  PL 87-195 Sec 236.....       135
  Insurance........................  PL 87-195 Sec 234(a)..       124
    Other functions................  PL 87-195 Sec 234(f)..       127
  Insurance guaranty program
    Awarding contracts.............  PL 87-195 Sec 240B....       147
  Insurance guaranty, and financing  PL 87-195 Sec 237.....       136
   programs.
  Insurance, guaranties, or          PL 87-195 Sec 237.....       136
   reinsurance.
  Investment Advisory Council......  PL 87-195 Sec 233(e)..       123
  Investment guaranties............  PL 87-195 Sec 234(b)..       125
    Liabilities....................  PL 87-195 Sec 235.....       132
  Investment insurance
    Liabilities....................  PL 87-195 Sec 235.....       132
    Programs.......................  PL 87-195 Sec 234.....       124
  Legal capacity...................  PL 87-195 Sec 239(d)..       142
  Limitation on use of funds.......  PL 109-102 Sec 589....      1001
  Loans, direct
    Appropriations, 2000...........  PL 106-113 Title I....      1080
  Loans, guaranteed
    Appropriations, 2000...........  PL 106-113 Title I....      1080
  Noncredit account................  PL 109-102 Title I....       926
  Noncredit account revolving fund.  PL 87-195 Sec 235(c)..       134
    Replenishment of...............  PL 87-195 Sec 235(f)..       135
  Officers.........................  PL 87-195 Sec 233(d)..       122
  Organization.....................  PL 87-195 Sec 233.....       121
  Predecessor guaranty authority...  PL 87-195 Sec 235(d)..       134
  President of.....................  PL 87-195 Sec 233(c)..       122
  Private insurance companies......  PL 87-195 Sec 234.....       124
  Private investment opportunities
    Surveys........................  PL 87-195 Sec 234(d)..       126
  Private political risk insurance
    Enhancement of.................  PL 87-195 Sec 234A....       130
  Program account..................  PL 109-102 Title I....       926
  Programs in Haiti
    Prohibitions on................  S 2757 Sec 111........       750
  Protection of workers rights
    Report to Congress.............  PL 87-195 Sec                120
                                      231A(a)(2).
  Report to Congress...............  PL 87-195 Sec 240A....       145
  Staff............................  PL 87-195 Sec 233(d)..       122
  Tax exempt status................  PL 87-195 Sec 239(j)..       144
  Technical assistance.............  PL 87-195 Sec 234(e)..       127
  Transfer authority...............  PL 109-102 Sec 579....       996
  U.S. small business participation  PL 87-195 Sec 240.....       145
  United States Trade
   Representative
    Report to Congress.............  PL 87-195 Sec 240B(b).       148
  Workers rights
    Limitation on activities.......  PL 87-195 Sec                119
                                      231A(a)(1).
Overseas Private Investment          S 2757................       749
 Corporation Amendments Act of 1988.

 
                                    P

Pakistan-U.S. relations
  Disaster assistance..............  PL 87-195 Sec 494.....       217
  Foreign aid
    Notification requirements......  PL 109-102 Sec 520....       961
  Military aid.....................  PL 87-195 Sec 620E....       340
  Naval vessel transfer............  PL 109-134 Sec 2......       545
Palestine
  (see Palestine Liberation
   Organization)
  (see Palestinian Authority-U.S.
   relations)
Palestine Liberation Organization
  West Bank and Gaza assistance
    Audit requirement..............  PL 109-13 Sec 2103....      1027
Palestine Liberation Organization--
 Continued
  West Bank and Gaza assistance--
   Continued
    Certification..................  PL 109-102 Sec 544....       977
    Funding limitation.............  PL 109-102 Sec 544....       977
Palestine Liberation Organization-
 U.S. relations
  Aid programs
    Withholding U.S. funding.......  PL 87-195 Sec 307.....       180
  Conditions for U.S. recognition..  PL 99-83 Sec 1302.....       810
Palestinian Authority-U.S.
 relations
  Assistance limitations
    Presidential waiver of.........  PL 109-102 Sec 555(c).       982
  Democratic elections
    Foreign aid....................  PL 109-102 Sec 555....       981
  Emergency supplemental, 2005.....  PL 109-13 Title II....      1025
  Foreign aid
    Funding prohibition............  PL 109-102 Sec 550....       979
    Limitations....................  PL 109-102 Sec 555....       981
    Report to Congress.............  PL 109-102 Sec 550(d).       979
    Waiver of prohibition..........  PL 109-102 Sec 550(b).       979
  Restrictions.....................  PL 109-102 Sec 547....       978
  Statehood........................  PL 109-102 Sec 555....       981
Palestinian Broadcasting
 Corporation
  Foreign aid
    Funding prohibition............  PL 109-102 Sec 558....       984
Paraguay-U.S. relations
  Military aid.....................  PL 99-83 Sec 706......       783
Patents and technical information
  Foreign aid violations
    U.S. Government compensation...  PL 87-195 Sec 606.....       309
Peace Corps
  (see also Foreign Service)
  Activities
    Authorities for................  PL 109-102 Sec 532....       967
  Appropriations authorization,      PL 98-151 Sec                815
   1984.                              101(b)(2).
  Appropriations, 2006.............  PL 109-102 Title II...       939
Peacekeeping operations
  Afghanistan
    U.S. policy on.................  PL 107-327 Sec 206(e).       663
  Appropriations authorization.....  PL 87-195 Sec 552.....       292
  Costs to U.N. members
    Data on........................  PL 87-195 Sec 554.....       295
  Costs to United States
    Data on........................  PL 87-195 Sec 554.....       295
  General authority                  PL 87-195 Sec 551.....       292
Persian Gulf
  Stinger missiles
    Restrictions on................  PL 101-167 Sec 581....      1137
Peru-U.S. relations
  Foreign aid
    Conditions for.................  PL 99-83 Sec 612......       774
  Human rights.....................  PL 99-83 Sec 707......       783
Philippines-U.S. relations
  Foreign aid
    Tied to U.S. security interests  PL 99-83 Sec 901......       805
Plan Colombia
  Costs to support
    Report to Congress.............  PL 106-246 Sec 3204(e)      1076
Poland-U.S. relations
  Humanitarian assistance..........  PL 97-113 Sec 502.....       821
                                     PL 97-113 Sec 708.....       822
  Overseas Private Investment
   Corporation
    Presidential determination.....  PL 87-195 Sec 239(f)..       143
Poland-U.S. relations--Continued
  Polish currency
    Use of.........................  PL 97-113 Sec 709.....       823
  Trade Credit Insurance Program...  PL 87-195 Sec 225.....       110
Police training
  El Salvador
    Foreign aid for................  PL 87-195 Sec 660(d)..       389
  Foreign aid for
    Prohibited.....................  PL 87-195 Sec 660.....       386
  Honduras
    Foreign aid for................  PL 87-195 Sec 660(d)..       389
  Reconstituting civilian police     PL 109-102 Sec 534(g).       970
   authority.
Political prisoners
  U.S. aid cut-off.................  PL 93-189 Sec 32......       896
Political tests
  (see Refugees)
Population planning
  Abortions
    Foreign aid funding prohibition  PL 87-195 Sec 104(f)..        46
                                     PL 109-102 Title II...       928
  Colombia
    Foreign aid limitation.........  PL 106-246 Sec 3206...      1077
  Family programs
    Program violations.............  PL 109-102 Title II...       928
    Requirements for funding.......  PL 109-102 Title II...       928
  Foreign aid......................  PL 87-195 Sec 104(b)..        39
  Involuntary sterilizations         PL 109-102 Title II...       928
                                     PL 109-102 Sec 518....       960
                                     PL 87-195 Sec 104(f)..        46
Portugal-U.S. relations
  Economic conditions
    Impact on foreign debt.........  PL 99-83 Sec 1205.....       809
  Economic Support Fund............  PL 99-83 Sec 204......       766
  Food aid.........................  PL 94-329 Sec 409.....       881
  Portuguese African colonies......  PL 93-559 Sec 50......       891
Poverty
  Developing countries
    Capital projects to eliminate..  PL 102-549 Sec 303....       742
POW
  Indochina War
    Laotian Agreement and Protocol   PL 93-189 Sec 34......       896
     (1973).
President
  (see also Reports to Congress)
  Arms sales
    Certification procedures.......  PL 90-629 Sec 36(b)...       471
    Determination and waiver.......  PL 90-629 Sec 40(g)...       501
  Arms sales procurement
    Determination on U.S. adverse    PL 90-629 Sec 42(c)...       507
     impact.
  Arms sales to Jordan
    Certification..................  PL 99-83 Sec 130(c)...       761
  Bosnia-Herzegovina peace
    Certification for foreign aid..  PL 109-102 Title II...       936
  Climate change
    Reports to Congress............  PL 109-102 Sec 585....       998
  Designation of major non-NATO
   allies
    Congressional notification.....  PL 87-195 Sec 517.....       278
  Determination
    Arms sales impact on U.S.        PL 90-629 Sec 21(k)...       444
     technology.
    Major drug transit and illicit   PL 87-195 Sec 490(h)..       213
     drug producing countries.
  Drug control
    Certification procedures.......  PL 87-195 Sec 490(b)..       211
  Foreign aid
    Discretionary assistance         PL 87-195 Sec 106(d)..        59
     activities.
President--Continued
  Foreign aid programs
    Suspension of..................  PL 87-195 Sec 620.....       323
  Former Soviet Union
    Determination on aid             PL 87-195 Sec 498A(b).       237
     eligibility.
  Loans, credits, and guarantees to
   Mexico
    Certification procedures.......  PL 104-6 Sec 406......      1110
  Military aid
    Determination on...............  PL 87-195 Sec 505(b)..       261
  Overseas management of U.S.
   military aid
    Determination on...............  PL 87-195 Sec                273
                                      515(c)(1).
    Report to Congress.............  PL 87-195 Sec                273
                                      515(c)(1).
  Sanctions
    Report to Congress.............  PL 90-629 Sec 102(b)..       536
    Waiver certification...........  PL 90-629 Sec 102(b)..       536
  Sanctions against Serbia and
   Montenegro
    Certification..................  PL 104-208 Sec 540....      1101
    Waiver.........................  PL 104-208 Sec 540(c).      1102
  Transfer of certain excess
   defense articles
    Congressional notification.....  PL 87-195 Sec 516(f)..       276
  U.S. military aid
    Determination on...............  PL 87-195 Sec                264
                                      506(a)(1).
                                     PL 87-195 Sec                265
                                      506(a)(2).
President's Interagency Task Force   EO 13257..............       734
 to Monitor and Combat Trafficking.
Presidential Task Force on Project   PL 99-83 Sec 713(c)...       785
 Justice.
Pressler amendment.................  PL 87-195 Sec 620E(e).       340
Prisoners of War
  (see POW)
Private and voluntary organizations
  Agricultural credit and            PL 87-195 Sec 222A....       104
   assistance programs.
  Assisting in development and
   relief
    Foreign aid....................  PL 87-195 Sec 123.....        78
                                     PL 87-195 Sec 123(b)..        79
  Less-developed countries
    Agricultural programs..........  PL 87-195 Sec 222A....       104
Private enterprise
  (see also Nationalizations)
  (see also Overseas Private
   Investment Corporation (OPIC))
  Arms sales guarantees............  PL 90-629 Sec 24......       453
  Foreign aid
    Loan guarantees................  PL 87-195 Sec 256.....       153
    Microenterprise development      PL 87-195 Sec 256.....       153
     credits.
Program for Appropriate
 Technologies in Health (PATH)
  Malaria Vaccine Initiative.......  PL 87-195 Sec 302(m)..       179
Propaganda
  Within the United States
    Exception to funding             PL 109-102 Sec 539....       974
     prohibition.
    Funding prohibition............  PL 109-102 Sec 539....       974
Property abroad (U.S.)
  Destruction of
    Foreign aid cut-off............  PL 87-195 Sec 620(j)..       329
Puerto Rico
  Caribbean Development Bank         PL 93-559 Sec 52......       892
   membership.

 
                                    R

Radio Free Asia
  Radio broadcasting to North Korea  PL 108-333 Sec 103....       563
Refugees
  Administrative expenses
    Appropriations, 2006...........  PL 109-102 Title II...       944
  Africa
    Humanitarian assistance........  PL 87-195 Sec 495F....       220
  Assistance to
    Appropriations, 2006...........  PL 109-102 Title II...       944
  Categories of aliens
    Establishment of...............  PL 101-167 Sec 599D...      1138
    Iranian residents..............  PL 101-167 Sec 599D...      1138
  Chile
    Rights of......................  PL 93-189 Sec 35......       897
  Cuba
    International assistance.......  PL 96-533 Sec 715.....       848
  El Salvador
    Humanitarian assistance........  PL 87-195 Sec 495I....       222
    Sense of Congress..............  PL 97-113 Sec 731.....       835
  Emergency assistance fund........  PL 109-102 Title II...       944
  Emergency Refugee and Migration
   Assistance Fund
    Appropriations, 2006...........  PL 109-102 Title II...       944
  Haiti............................  PL 97-113 Sec 721.....       828
    Illegal immigration............  PL 99-83 Sec 705(d)...       783
  Honduras
    Assistance.....................  PL 99-83 Sec 704......       782
  North Korea
    Applications for admission to    PL 108-333 Sec 303....       568
     the United States.
    Asylum in the United States....  PL 108-333 Sec 302....       568
    U.S. policy on.................  PL 108-333 Sec 301....       567
  North Koreans in China
    United Nations High Commission   PL 108-333 Sec 304....       568
     for Refugees access to.
  Palestinian assistance
    Limitation on..................  PL 87-195 Sec 301(c)..       173
  Resettling in Israel
    Appropriations, 2006...........  PL 109-102 Title II...       944
  Southeast Asia
    Sense of Congress..............  PL 96-53 Sec 509......       862
  Vietnam
    Eligible for in-country          PL 108-447 Sec 594....      1038
     processing.
    Orderly Departure Program        PL 104-208 Sec 584....      1105
     status.
Religious freedom
  Global
    Sense of Congress..............  PL 88-633 Sec 501.....       920
  Report to Congress...............  PL 108-199 Sec 598....      1041
Reports to Congress
  Afghanistan
    Counterdrug efforts............  PL 107-327 Sec 207....       664
    Foreign aid....................  PL 107-327 Sec 103(d).       654
                                     PL 107-327 Sec 304....       666
      Certification................  PL 107-327 Sec               653
                                      103(b)(1).
      From donor states............  PL 107-327 Sec 303(c).       665
    Long-term strategy.............  PL 107-327 Sec 305....       666
    Military aid...................  PL 107-327 Sec 205....       659
    Promoting security.............  PL 107-327 Sec 206(c).       661
  African Development Foundation...  PL 95-424 Sec 122.....       865
  Agency for International
   Development
    Budget submission..............  PL 102-391 Sec 599E...      1117
    Democracy transition             PL 109-102 Title II...       930
     initiatives.
    Microenterprise Act, 2000......  PL 108-31 Sec 4.......       607
  Arms sales.......................  PL 90-629 Sec 4.......       434
                                     PL 91-672 Sec 8(d)....       906
    Africa.........................  PL 90-629 Sec 33......       467
    Annual estimate................  PL 90-629 Sec 25......       454
    Certification procedures.......  PL 90-629 Sec 36(b)...       471
    Combat readiness, impact on....  PL 90-629 Sec 21(i)...       444
Reports to Congress--Continued
  Arms sales--Continued
    Commercial and governmental      PL 90-629 Sec 36......       468
     exports.
    Illegal payments...............  PL 94-329 Sec 607.....       885
    Military dictators.............  PL 90-629 Sec 1.......       422
    NATO/CFE countries.............  PL 90-629 Sec 94......       533
    Training and related support...  PL 90-629 Sec 30A(d)..       463
    Transfers......................  PL 90-629 Sec 3(d)....       429
                                     PL 90-629 Sec 3(d)(3).       431
    Waivers........................  PL 90-629 Sec 40(g)(2)       502
  Arms sales agents
    Fees and payments..............  PL 90-629 Sec 39......       494
  Asia
    Amerasian children.............  PL 99-83 Sec 903(b)...       806
  Assistance to victims of           PL 106-386 Sec               694
   trafficking.                       105(d)(7).
  Attorney General
    Number of eligible applicants    PL 106-386 Sec 107(g).       702
     not receiving visas.
    Trafficking victims............  PL 106-386 Sec               694
                                      105(d)(7).
  Burma
    Democratization................  PL 104-208 Sec 570(d).      1103
  Coal
    Federal Coal Export Commission.  PL 99-83 Sec 1304(f)..       814
  Colombia
    Drug control strategy..........  PL 106-246 Sec 3202...      1073
  Colombia drug control
    U.S. military and civilian       PL 106-246 Sec 3204(f)      1076
     personnel.
  Combating HIV/AIDS
    Implementing U.S. policies.....  PL 87-195 Sec 104A(e).        52
  Commercial Service Officers
    Increase in....................  PL 102-549 Sec 701....       747
  Contingency fund
    Appropriations authorization...  PL 87-195 Sec                184
                                      451(a)(2).
  Cooperative projects
    Presidential certification.....  PL 90-629 Sec 27(f)...       460
  Cyprus
    Negotiations with Turkey.......  PL 87-195 Sec                333
                                      620(x)(2).
    Resolution of conflict.........  PL 87-195 Sec 620C(c).       339
  Debt relief programs.............  PL 106-429 Sec 803(d).      1067
  Defense equipment leasing........  PL 90-629 Sec 62......       516
  Developing countries
    Capital projects...............  PL 102-549 Sec 302(c).       741
                                     PL 102-549 Sec 305....       742
    Technical assistance program...  PL 87-195 Sec 129(h)..        88
  Discrimination against U.S.
   persons
    Aid suspension.................  PL 87-195 Sec 505(g)..       263
    Arms sales suspension..........  PL 90-629 Sec 5.......       434
  Donated HIV/AIDS prescription
   drugs
    Illegal diversion of...........  PL 108-25 Sec 307.....       632
  Drug control.....................  PL 87-195 Sec 481.....       191
    Foreign governments using U.S.   PL 87-195 Sec 484(c)..       202
     aircraft.
    Supplemental appropriations,     PL 106-246 Title III..      1070
     2000.
  Drug control in Colombia
    U.S. personnel involved........  PL 106-246 Sec 3204(f)      1076
  Egypt
    Economic conditions............  PL 99-83 Sec 1205.....       809
  El Salvador......................  PL 97-113 Sec 729.....       834
  Eliminating trafficking in
   persons
    Country compliance lists.......  PL 106-386 Sec 110....       706
  Endangered species...............  PL 87-195 Sec 119(h)..        76
  Enterprise for the Americas
    Americas Framework Agreement...  PL 87-195 Sec 710.....       404
  Excess defense articles
    Transfer of....................  PL 87-195 Sec 516(f)..       276
Reports to Congress--Continued
  Excess defense articles--
   Continued
    Transfer of--Continued
                                     PL 101-167 Sec 573(c).      1135
  Executive branch agencies
    Overseas HIV/AIDS treatment      PL 108-25 Sec 305.....       631
     activities.
  Expanding debt relief to non-HIPC
   countries
    Costs and other options........  PL 108-25 Sec 502.....       641
  Family programs
    Program violations.............  PL 109-102 Title II...       928
  Food aid.........................  PL 87-195 Sec 300.....       172
    Long-term agricultural           PL 99-83 Sec 1008.....       808
     commodity agreements.
  Food shortage....................  PL 93-559 Sec 55......       893
  Foreign aid......................  PL 87-195 Sec 634.....       360
                                     PL 87-195 Sec 654.....       383
                                     PL 97-113 Sec 722.....       828
    Allocation changes.............  PL 87-195 Sec 653(a)..       382
    Countries in default...........  PL 87-195 Sec 620(q)..       330
    Cut-offs for defaults..........  PL 87-195 Sec 620(u)..       315
    Drug control...................  PL 87-195 Sec 489.....       204
                                     PL 87-195 Sec 489(b)..       207
    Exemptions from the Sunset Act   PL 87-195 Note........        36
     of 1995.
    International organizations....  PL 87-195 Sec 301.....       172
    Latin America and the Caribbean  PL 99-83 Sec 709......       784
    Limit on transfers of funds....  PL 87-195 Note........        26
    Microenterprise development....  PL 87-195 Sec 258.....       158
    Presidential authorities.......  PL 87-195 Sec 614.....       319
    Presidential certification.....  PL 87-195 Sec 614(c)..       320
    Prior notification.............  PL 87-195 Note........        28
    Reprogramming..................  PL 87-195 Note........        28
    Reprogramming of funds.........  PL 87-195 Sec 634A....       363
    Sub-Saharan Africa.............  PL 101-513 Sec 562(c).      1124
    Sunset Act of 1995.............  PL 87-195 Note........        35
    Waiver on notification.........  PL 87-195 Note........        29
  Foreign aid to Communist           PL 87-195 Sec 620(f)..       327
   countries.
  Foreign aid to Syria
    Certification of determination.  PL 108-175 Sec 5(d)...       602
  Foreign countries
    Community-based police           PL 109-102 Sec 564(b).       988
     assistance.
    Military aid...................  PL 107-327 Sec 205....       659
  Foreign debt
    Cancellation of................  PL 106-113 Sec 501(f).      1089
  Foreign governments
    Projects to promote good         PL 87-195 Sec 133(d)..        91
     governance.
  Foreign military budgets
    Sunset provision applicability.  PL 87-195 Sec                331
                                      620(s)(2).
  Foreign military personnel
    U.S. training..................  PL 109-102 Sec 552....       980
  Governments (foreign)
    Debt relief arrangements.......  PL 102-391 Sec 548....      1116
  HELP Commission
    Findings and recommendations...  PL 108-199 Sec 637(f).       592
  Herbicides used for drug control
    Health effects of..............  PL 87-195 Sec                194
                                      481(d)(2).
                                     PL 87-195 Sec                194
                                      481(d)(3).
  HIV/AIDS
    Global fund to fight...........  PL 108-25 Sec 202(c)..       622
    Preventing mother-to-child       PL 108-25 Sec 313.....       634
     transmission.
    Public-private assistance        PL 108-25 Sec 315.....       635
     programs.
    U.S. Government activities to    PL 108-25 Sec 202(g)..       625
     combat globally.
Reports to Congress--Continued
  HIV/AIDS, tuberculosis, and
   malaria
    Integrated strategy to combat..  PL 108-25 Sec 101(b)..       616
  Human rights.....................  PL 87-195 Sec 502B(b).       253
    Anti-Semitism..................  PL 87-195 Sec 502B(b).       253
    Children.......................  PL 102-391 Sec 511....      1114
    Coercive population planning     PL 87-195 Sec 502B(b).       253
     practices.
    Colombian Armed Forces.........  PL 109-102 Sec 556(b).       983
    Extra-judicial killings or       PL 87-195 Sec 502B(b).       253
     torture.
    International religious freedom  PL 87-195 Sec 502B(b).       253
    Military conscription of child   PL 87-195 Sec 502B(b).       253
     soldiers.
    Severe forms of trafficking....  PL 87-195 Sec 502B(h).       256
    Status of......................  PL 87-195 Sec 116(d)..        65
    Trafficking in persons.........  PL 87-195 Sec 116(f)..        68
    Treatment of refugees..........  PL 87-195 Sec 502B(b).       253
  Independent states of the former
   Soviet Union
    Foreign aid....................  PL 87-195 Sec 498A(c).       238
  Infant feeding practices
    Developing countries...........  PL 97-113 Sec 301(b)..       820
  Inter-American Foundation
    Abolition of...................  PL 106-113 Sec 586(e).      1085
  International Atomic Energy
   Agency
    Israel participation...........  PL 109-102 Title II...       945
  International Financial            PL 105-277 Sec              1098
   Institution Advisory Commission.   603(g),(i).
  International Monetary Fund
    Practices consistent with U.S.   PL 106-113 Sec 504(e).      1092
     policies.
    Structural reform efforts......  PL 105-277 Sec 606....      1099
  International narcotics control
    Use of funds...................  PL 109-102 Title II...       941
  International Narcotics Control    PL 87-195 Sec 489(a)..       204
   Strategy Report.
  International organizations
    Foreign aid....................  PL 87-195 Sec 306.....       180
    U.S. funding contributions.....  PL 87-195 Sec 307(b)..       182
  International University for the   PL 102-549 Sec 604....       746
   Americas.
  Iran
    Nuclear weapons programs.......  PL 87-195 Sec 307(d)..       183
  Iraq Freedom Fund
    Supplemental appropriations,     PL 108-11 Title I.....      1054
     2003.
    Proposed use of funds..........  PL 108-106 Sec 2207...      1043
  Iraq Sanctions Act of 1992
    Suspension of provisions by      PL 108-11 Sec 1503....      1058
     President.
    Economic conditions............  PL 99-83 Sec 1205.....       809
    Loan guarantees................  PL 87-195 Sec 226(k)..       115
  Leasing defense equipment
    Waiver of costs................  PL 90-629 Sec 61......       514
  Less developed countries
    Conventional arms transfers to.  PL 99-83 Sec 129......       759
  Magen David Adom Society of
   Israel
    Participation in the ICRC......  PL 109-102 Title II...       944
  Mexico-U.S. relations
    Debt...........................  PL 104-6 Sec 403-404..      1108
  Microenterprise development        PL 108-31.............       607
   assistance.
  Military aid (U.S.)..............  PL 87-195 Sec 655.....       384
  Military training to foreign       PL 87-195 Sec 656.....       385
   military personnel.
  Millennium Challenge Board
    Eligibility criteria...........  PL 108-199 Sec 608(b).       278
    Eligible countries.............  PL 108-199 Sec 608(c).       278
Reports to Congress--Continued
  Millennium Challenge Compact
    Assistance provided............  PL 108-199 Sec 613....       582
  Millennium Challenge Corporation
    Country Compact negotiations...  PL 108-199 Sec 610....       581
    List of candidate countries....  PL 109-102 Title II...       939
    Suspension or termination of     PL 108-199 Sec 611(c).       582
     assistance.
  Missile Technology Control Regime
    Foreign country adherents......  PL 90-629 Sec 73A.....       525
  Missiles and missile technology
   exports
    Sanctions waiver...............  PL 90-629 Sec 73(e)...       524
  Narcotics traffickers
    Extradition of.................  PL 106-246 Sec 3203...      1074
  National Endowment for Democracy
    Activities.....................  PL 109-102 Title II...       940
  Nicaragua
    Policies.......................  PL 99-83 Sec 722(j)...       796
  North Korea
    Military forces................  PL 104-208 Sec 585....      1107
    Promoting freedom of             PL 108-333 Sec 104(c).       564
     information.
    Special Envoy activities.......  PL 108-333 Sec 107(d).       565
    U.S. humanitarian assistance...  PL 108-333 Sec 201....       565
                                     PL 108-333 Sec 202(c).       567
  North Korean aliens
    Applications for asylum or       PL 108-333 Sec 305....       569
     refugee status.
  North Korean refugees and
   defectors
    U.S. policy on.................  PL 108-333 Sec 301....       567
  Nuclear facilities...............  PL 97-113 Sec 735.....       835
  Overseas Private Investment        PL 87-195 Sec 240A....       145
   Corporation.
    Protecting workers rights......  PL 87-195 Sec                120
                                      231A(a)(2).
  Palestinian Authority
    Foreign aid waiver.............  PL 109-102 Sec 550(d).       979
  Palestinian statehood
    Democratic elections...........  PL 109-102 Sec 555....       981
  Placing U.S. health care           PL 108-25 Sec 304(g)..       629
   professionals in overseas HIV/
   AIDS areas.
  Plan Colombia
    Costs to support...............  PL 106-246 Sec 3204(e)      1076
  Portugal
    Economic conditions............  PL 99-83 Sec 1205.....       809
  President
    Certification for export         PL 90-629 Sec 38(j)(3)       493
     exemption.
    Climate change.................  PL 109-102 Sec 585....       998
    Determination on major illicit   PL 87-195 Sec 490(h)..       213
     drug transit and producing
     countries.
    Review of United States          PL 90-629 Sec 38(f)...       488
     Munitions List.
    Sanctions waiver...............  PL 90-629 Sec 102(b)..       536
    U.S. military aid..............  PL 87-195 Sec                265
                                      506(b)(2).
  Radio broadcasting to North Korea  PL 108-333 Sec 103(b).       563
  Reports on foreign aid
    Classification of..............  PL 87-195 Sec 634B....       364
  Secretary of State
    Andean Counterdrug Initiative..  PL 109-102 Title II...       942
    Countries assisting Cuba.......  PL 87-195 Sec                333
                                      620(y)(3).
  Secretary of the Treasury
    MDBs procedures and management   PL 106-429 Sec 802(b).      1066
     controls.
    Natural resources extraction...  PL 109-102 Sec 585(c).       999
    Support for U.S. policies......  PL 106-429 Sec 803(b).      1067
    World Bank and IMF policies      PL 106-429 Sec              1066
     implementation.                  801(c)(2).
  Security assistance surveys......  PL 90-629 Sec 26......       457
Reports to Congress--Continued
  South Asia
    Nuclear weapons proliferation..  PL 87-195 Sec 620F(c).       345
  Special Inspector General
    Iraq Relief and Reconstruction   PL 108-106 Sec 3301(i)      1049
     Fund.
  Sudan
    Commercial activity in.........  PL 107-245 Sec 8(a)...       682
    Conflict in....................  PL 107-245 Sec 8(b)...       683
    War crimes investigation.......  PL 107-245 Sec 10.....       683
  Sudan peace process
    Efforts to deny oil revenues...  PL 107-245 Sec 6(e)...       682
    Negotiations with the Sudan      PL 107-245 Sec 6(c)...       681
     People's Liberation Movement.
    U.S. opposition to financing     PL 107-245 Sec 6(d)...       681
     assistance.
  Syria
    Accountability.................  PL 108-175 Sec 6......       603
  Terrorism related assistance.....  PL 99-83 Sec 502......       769
  Terrorism supporting countries
    Ban on importation of goods and  PL 99-83 Sec 505......       769
     services.
  Trade and Development Agency
    Development programs...........  PL 87-195 Sec 661(d)..       390
  Trade Credit Insurance Program...  PL 87-195 Sec 225(h)..       111
  Trafficking in persons
    Actions against significant      PL 106-386 Sec 111....       711
     persons.
  Tropical Forest Facility.........  PL 87-195 Sec 813.....       417
  Tropical forests
    Protection of..................  PL 87-195 Sec 118(f)..        74
  Turkey
    Economic conditions............  PL 99-83 Sec 1205.....       809
  U.S. arms sales
    NATO/CFE countries.............  PL 90-629 Sec 94......       533
  U.S. counternarcotics strategy
    Colombia and neighboring         PL 106-246 Sec 3202...      1073
     countries.
  U.S. military aid
    Presidential determination.....  PL 87-195 Sec                264
                                      506(a)(1).
                                     PL 87-195 Sec                265
                                      506(a)(2).
  U.S. military stationed abroad
    Hostilities against............  PL 90-629 Sec 21(c)(2)       438
  United Nations Commission on
   Human Rights
    Voting list of each member.....  PL 87-195 Sec 502B(b).       253
  United States Microfinance Loan    PL 87-195 Sec                157
   Facility.                          257(b)(3).
  United States Munitions List
    Removal of items...............  PL 90-629 Sec 38(f)(1)       488
  United States Trade
   Representative
    Overseas Private Investment      PL 87-195 Sec 240B(b).       148
     Corporation.
  World food situation.............  PL 93-189 Sec 39(a)(4)       899
Reprogramming of funds
  Foreign aid
    Congressional notification.....  PL 87-195 Sec 634A....       363
Republic of Korea-U.S. relations
  Designation as a major non-NATO    PL 87-195 Sec 517(b)..       278
   ally.
  War reserve stockpile, transfer    PL 109-159............       543
   of.
Romania-U.S. relations
  Foreign aid......................  PL 87-195 Sec 495D....       220
Russia-U.S. relations
  Technical assistance to Iran
    Termination of.................  PL 109-102 Title II...       938
Russian Federation-U.S. relations
  Religious discrimination
    Foreign aid restrictions.......  PL 109-102 Sec 589....      1001

                                    S

Sabbatino amendment
  Act of state doctrine
    Presidential determination.....  PL 87-195 Sec                326
                                      620(e)(2).
Sahel-U.S. relations
  Development program
    Planning.......................  PL 87-195 Sec 120.....        76
Sanctions
  Against Burma
    Foreign aid restrictions.......  PL 104-208 Sec 570....      1102
  Against countries transferring     PL 90-629 Sec 102(b)..       536
   nuclear devices.
  Against Serbia and Montenegro
    Termination restrictions.......  PL 104-208 Sec 540....      1101
  Against Sudan
    Genocide in Darfur region......  PL 108-497 Sec 4(b)(7)       674
  Chemical or biological weapons
    Export controls................  PL 90-629 Sec 81......       528
  Foreign persons
    Presidential determination.....  PL 90-629 Sec 81(a)(1)       528
                                     PL 90-629 Sec 81(d)...       530
    Presidential waiver............  PL 90-629 Sec 81(e)...       531
    Termination of.................  PL 90-629 Sec 81(d)...       530
  Missiles and missile technology
    Exceptions.....................  PL 90-629 Sec 73(h)...       525
    Export controls................  PL 90-629 Sec 73......       522
    Presidential waivers...........  PL 90-629 Sec 73(g)...       525
Saudi Arabia-U.S. relations
  Arms sales
    AWACS..........................  PL 99-83 Sec 131......       761
  Foreign aid
    Restrictions on................  PL 109-102 Sec 582....       997
Science and technology
  (see also Technical assistance)
  Middle East
    Cooperative....................  PL 99-83 Sec 202(c)...       765
Scientific and Technological         PL 96-53 Sec 401-414..       854
 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 supporting assistance
  (see Economic Support Fund)
Senator Paul Simon Water for the     PL 109-121............       547
 Poor Act of 2005
Serbia-U.S. relations
  Foreign aid
    Determination and certification  PL 109-102 Sec 563....       987
    Notification requirements......  PL 109-102 Sec 520....       961
  International Criminal Tribunal    PL 109-102 Sec 563....       987
   for Yugoslavia.
Shipyards, U.S.
  Repairs of transferred vessels...  PL 109-134 Sec 5......       545
Small Business Administration
  Procurement for Agency for         PL 94-329 Sec 602.....       885
   International Development.
Social development
  (see Human rights)
  (see United Nations)
South Africa (Republic of)-U.S.
 relations
  Forced relocations
    U.S. policy toward.............  PL 99-83 Sec 803......       801
South America-U.S. relations
  Amazon Basin region
    Biodiversity conservation        PL 109-102 Sec 585....       959
     strategy.
  Andean Counterdrug Initiative
    Appropriations, 2006...........  PL 109-102 Title II...       942
South and Central America-U.S.
 relations
  Drug control
    Supplemental appropriations,     PL 106-246 Title III..      1070
     2000.
South Caucasus and Central Asia-
 U.S. relations
  Foreign aid
    Administrative authorities.....  PL 87-195 Sec 499E....       249
    Border control assistance......  PL 87-195 Sec 499C....       247
    Definitions....................  PL 87-195 Sec 499F....       249
    Development of infrastructure..  PL 87-195 Sec 499B....       247
    Promoting democracy and          PL 87-195 Sec 499D....       248
     tolerance.
    Promoting growth and             PL 87-195 Sec 499A....       246
     development.
    Promoting reconciliation and     PL 87-195 Sec 499.....       246
     recovery.
South Vietnam-U.S. relations
  (see Indochina War)
Southeast Asia
  (see individual countries)
  (see Indochina War)
Southeast Asia-U.S. relations
  Refugees
    Sense of Congress..............  PL 96-53 Sec 509......       862
Southern Africa Development
 Coordinating Conference (SADCC)
  Foreign aid......................  PL 87-195 Sec 496(o)..       229
Southern Africa-U.S. relations
  Economic Support Fund............  PL 99-83 Sec 802......       800
Southern Caucasus region-U.S.
 relations
  Foreign aid, 2006................  PL 109-102 Title II...       937
Soviet Union (former)-U.S.
 relations
  Arms control
    Limiting conventional arms       PL 99-83 Sec 129......       759
     transfers.
  Biological and chemical weapons..  PL 97-113 Sec 716.....       825
  Olympic games boycott............  PL 96-533 Sec 718.....       849
Soviet Union (former), independent
 states of-U.S. relations
  (see also individual countries)
  Aid notification requirements....  PL 109-102 Sec 517....       959
  Determination for foreign aid....  PL 87-195 Sec 498A(b).       237
  Foreign aid......................  PL 87-195 Sec 498.....       232
  Foreign aid authorities..........  PL 87-195 Sec 498B....       240
  Foreign aid authorization........  PL 87-195 Sec 498C....       243
  Foreign aid criteria.............  PL 87-195 Sec 498A....       236
  Foreign aid restrictions.........  PL 109-102 Sec 517....       959
  Foreign aid, 2002................  PL 107-115 Title II...      1060
  Foreign aid, 2006................  PL 109-102 Title II...       937
  FREEDOM Support Act
    Section 907....................  PL 107-115 Title II...      1060
  Health activities assistance.....  PL 109-102 Title II...       937
  Military capability..............  PL 109-102 Sec 517....       959
  Presidential determination.......  PL 107-115 Title II...      1061
  Territorial violations...........  PL 109-102 Sec 517....       959
Special Defense Acquisition Fund
  Established......................  PL 90-629 Sec 51......       511
  Size of..........................  PL 97-113 Sec 108(b)..       820
  Use or transfer of items
    Restrictions on................  PL 90-629 Sec 52......       513
Special Foreign Assistance Act of    PL 91-652.............       903
 1971.
Special Foreign Assistance Act of    PL 99-529.............       751
 1986.
Sri Lanka-U.S. relations
  Political settlement of internal   PL 99-83 Sec 907......       808
   differences.
State, Department of
  Bureau of Democracy
    Human Rights and Democracy Fund  PL 109-102 Title II...       940
  Congressional oversight..........  PL 92-226 Sec 407.....       902
  Coordinator of U.S. government     PL 108-25 Sec 102.....       619
   activities to combat HIV/AIDS
   globally.
  International narcotics control
    Appropriations, 2006...........  PL 109-102 Title II...       941
State, Secretary of
  Arms sales.......................  PL 90-629 Sec 2.......       424
  Colombia
    Certification to Congress......  PL 106-246 Sec 3207...      1078
  Countries supporting terrorism
    Determination on...............  PL 87-195 Sec 620A(a).       336
    Determination publication......  PL 87-195 Sec 620A(b).       336
  Drug control assistance
    Coordinating U.S. activities...  PL 87-195 Sec 481(b)..       192
  Economic Support Fund
    Responsibilities...............  PL 87-195 Sec 531(b)..       281
  Foreign aid administration.......  PL 87-195 Sec 622.....       349
  Report to Congress
    Countries assisting Cuba.......  PL 87-195 Sec                333
                                      620(y)(3).
  Terrorism related assistance.....  PL 99-83 Sec 502......       769
Sterilizations, involuntary
  Foreign aid funding prohibition..  PL 109-102 Title II...       928
Stock in financial institutions
  (see Capital stock)
Stockpiling defense articles
  U.S. military aid................  PL 87-195 Sec 514.....       269
Strategic and critical materials
  Restrictions on leasing..........  PL 90-629 Sec 65(c)...       518
Subscriptions in financial
 institutions
  (see Capital stock)
Sudan Peace Act....................  PL 107-245............       677
  Definitions......................  PL 107-245 Sec 3......       679
Sudan-U.S. relations
  Air transport relief flights
    Contingency plan if banned.....  PL 107-245 Sec 10.....       683
  Appropriations authorization.....  PL 107-245 Sec 5(b)...       680
  Arms sales credits
    Repayment......................  PL 96-92 Sec 17(b)....       850
  Assistance for peace and           PL 107-245 Sec 5......       679
   democratic convergence.
  Commercial activity in
    Report to Congress.............  PL 107-245 Sec 8(a)...       682
  Comprehensive peace in
    Findings of Congress...........  PL 108-497 Sec 3......       671
  Comprehensive Peace in Sudan Act   PL 108-497............       671
   of 2004.
    Definitions....................  PL 108-497 Sec 2......       671
  Conflict in
    Report to Congress.............  PL 107-245 Sec 8(b)...       683
  Darfur conflict
    Actions to address.............  PL 108-497 Sec 4(b)...       673
    Emergency disaster               PL 109-13 Title II....      1024
     supplemental, 2005.
    Emergency peacekeeping           PL 109-13 Title II....      1026
     supplemental, 2005.
    Sanctions in support of peace..  PL 108-497 Sec 6......       675
    Sense of Congress..............  PL 108-497 Sec 4......       673
  Darfur region
    Assistance authorization.......  PL 107-245 Sec 12.....       684
    Peace agreement................  PL 107-245 Sec 12.....       684
  Debt restructuring
    Appropriations restriction.....  PL 109-102 Title II...       946
  Foreign aid
    Conditions for.................  PL 99-83 Sec 806......       802
    Limitations on.................  PL 109-102 Sec 569....       991
Sudan-U.S. relations--Continued
  Foreign aid--Continued
    Notification requirements......  PL 109-102 Sec 520....       961
                                     PL 109-102 Sec 569....       991
  Genocide in Darfur region
    Sanctions......................  PL 108-497 Sec 4(b)(7)       674
  Government of Sudan
    Findings of Congress...........  PL 107-245 Sec 2......       677
  Human rights violations
    Condemnation of................  PL 107-245 Sec 4......       679
  Internationally sanctioned peace
   process
    Support for....................  PL 107-245 Sec 6......       680
  Military aid.....................  PL 96-53 Sec 502......       861
    Prohibited.....................  PL 109-102 Title III..       948
  Peace process
    U.N. involvement...............  PL 107-245 Sec 7......       682
  War crimes investigation
    Report to Congress.............  PL 107-245 Sec 10.....       683
Sugar
  Cuba
    Quota..........................  PL 87-195 Sec 620(a)..       323
Supporting assistance
  (see Economic Support Fund)
Symington amendment................  PL 90-629 Sec 101.....       534
Syria Accountability and Lebanese    PL 108-175............       596
 Sovereignty Restoration Act of
 2003.
Syria-Iraq relations
  Findings of Congress.............  PL 108-175 Sec 2......       596
Syria-Lebanon relations
  Findings of Congress.............  PL 108-175 Sec 2......       596
  Sense of Congress................  PL 108-175 Sec 3......       600
Syria-U.S. relations
  Democracy and human rights
    Support for....................  PL 109-102 Title II...       941
  Findings of Congress.............  PL 108-175 Sec 2......       596
  Foreign aid
    Assistance authority...........  PL 108-175 Sec 5(c)...       602
    Assistance certification.......  PL 108-175 Sec 5(d)...       602
    Direct funding prohibition.....  PL 109-102 Sec 507....       954
  Foreign aid obligation...........  PL 98-151 Sec               1151
                                      101(b)(1).
  Foreign aid programs
    Withholding U.S. funding share.  PL 87-195 Sec 307.....       180
  Lebanon occupation
    Penalties and sanctions against  PL 108-175 Sec 5......       601
    U.S. policy on.................  PL 108-175 Sec 4......       601
  Penalties and sanctions against
    Waiver of......................  PL 108-175 Sec 5(b)...       602
  Terrorism
    Sense of Congress..............  PL 108-175 Sec 3......       600
    U.S. policy on.................  PL 108-175 Sec 4......       601
  Terrorism support
    Findings of Congress...........  PL 108-175 Sec 2......       596
  Terrorist activities in Iraq
    Penalties and sanctions against  PL 108-175 Sec 5......       601
  Terrorist groups support
    Penalties and sanctions against  PL 108-175 Sec 5......       601
  Weapons of mass destruction
    Findings of Congress...........  PL 108-175 Sec 2......       596
    Penalties and sanctions against  PL 108-175 Sec 5......       601
    U.S. policy on.................  PL 108-175 Sec 4......       601

 
                                    T

Taiwan-U.S. relations
  Defense treaty...................  PL 95-384 Sec 26......       870
    Political and legal reforms....  PL 109-102 Title II...       941
  Immigrant visas..................  PL 97-113 Sec 714.....       824
Taiwan-U.S. relations--Continued
  War reserve material
    Transfer of....................  PL 96-92 Sec 23.......       851
Task Force to Monitor and Combat     EO 13257..............       734
 Trafficking, President's
 Interagency.
Taxation
  Discriminatory
    Foreign aid cut-off............  PL 87-195 Sec                325
                                      620(e)(1)(C).
Technical assistance
  (see also Peace Corps)
  Developing countries
    Establishment of program.......  PL 87-195 Sec 129.....        84
  Overseas Private Investment        PL 87-195 Sec 234(e)..       127
   Corporation.
  Programs in developing countries
    Appropriations authorization...  PL 87-195 Sec 129(j)..        89
Technology transfer
  National security impact.........  PL 95-92 Sec 24.......       873
Terrorism
  Afghanistan
    Foreign aid to counter.........  PL 107-327 Sec 102....       646
  Anti-terrorism assistance
    Foreign aid....................  PL 87-195 Sec 571-574.       296
  Condemnation of..................  PL 99-83 Sec 508......       770
  Countries supporting
    Aid prohibition................  PL 87-195 Sec 620G....       345
                                     PL 87-195 Sec 620H....       346
    Aviation boycott...............  PL 99-83 Sec 555......       771
    Ban on importation of goods and  PL 99-83 Sec 505......       769
     services.
    Bilateral aid prohibition......  PL 109-102 Sec 527....       964
    Bilateral aid waiver...........  PL 109-102 Sec 527(b).       965
    Foreign aid funding prohibition  PL 109-102 Sec 542....       975
    Foreign aid prohibition........  PL 87-195 Sec 620A....       334
    Foreign aid waiver authority...  PL 87-195 Sec 620A(d).       336
    U.S. prohibited transactions...  PL 90-629 Sec 40......       496
  Exports to countries supporting
    Foreign aid funding prohibition  PL 109-102 Sec 542....       975
  Foreign airport security.........  PL 99-83 Sec 551......       770
  International Anti-Terrorism       PL 99-83 Sec 506......       770
   Committee.
  Libya............................  PL 97-113 Sec 718.....       826
    Prohibition on imports and       PL 99-83 Sec 504......       769
     exports.
  National Commission on Terrorism
    Establishment of...............  PL 105-277 Sec 591....      1093
    Termination of.................  PL 105-277 Sec 591(d).      1096
  State sponsored
    Civil liability................  PL 104-208 Sec 589....      1107
  Syrian supported
    Findings of Congress...........  PL 108-175 Sec 2......       596
    U.S. policy on.................  PL 108-175 Sec 5......       601
  Syrian supported groups
    Penalties and sanctions against  PL 108-175 Sec 5......       601
  Terrorism related assistance
    Coordinated by Secretary of      PL 99-83 Sec 502......       769
     State.
    Report to Congress.............  PL 99-83 Sec 502......       769
  Treaty to control................  PL 99-83 Sec 507......       770
  TWA Flight 847
    Sense of Congress..............  PL 99-83 Sec 558......       771
  U.S. citizens involved in........  PL 97-113 Sec 719.....       827
Terrorism, anti
  Countries not supporting U.S.
   efforts
    Prohibited transactions........  PL 90-629 Sec 40A.....       504
  Foreign aid
    Appropriations, 2006...........  PL 109-102 Title II...       945
Thailand-U.S. relations
  Ammunition sale..................  PL 96-92 Sec 24.......       851
Tibet-U.S. relations
  International loans to
    U.S. support for...............  PL 109-102 Sec 575....       994
Timor-Leste-U.S. relations
  Economic Support Fund
    Foreign aid, 2006..............  PL 109-102 Title II...       935
Tonkin Gulf Resolution
  Repealed.........................  PL 91-672 Sec 12......       907
Tort claims
  (see Claims)
Torture
  Victims of
    Foreign aid....................  PL 87-195 Sec 130.....        89
Trade
  Arms
    (see Arms sales)
  Capacity building
    Appropriations, 2006...........  PL 109-102 Title II...       929
  Commercial Service Officers
    Increase in....................  PL 102-549 Sec 701....       747
  Cuba
    Embargo........................  PL 87-195 Sec 620(a)..       323
  United States Commercial Centers
    Promoting exports..............  PL 102-549 Sec 401....       743
Trade and Development Agency.......  PL 102-549 Sec 202....       740
  Appropriations, 2006.............  PL 109-102 Title I....       927
  Development programs
    Appropriations authorization...  PL 87-195 Sec 661(f)..       391
    Foreign aid....................  PL 87-195 Sec 661.....       389
    Report to Congress.............  PL 87-195 Sec 661(d)..       390
Trade and Development Program
  (see also Trade and Development
   Agency)
  Renamed Trade and Development      PL 102-549 Sec 202....       740
   Agency.
Trade Credit Insurance Program
  Central America..................  PL 87-195 Sec 224.....       109
  Poland...........................  PL 87-195 Sec 225.....       110
  Report to Congress...............  PL 87-195 Sec 225(h)..       111
Trade Promotion Coordinating         PL 102-549 Sec 401....       743
 Committee.
  Capital projects.................  PL 102-549 Sec 304....       742
Trafficking in persons
  Actions against significant        PL 106-386 Sec 111....       711
   persons.
  Child commercial sex acts
    Penalties for..................  18 USC 1591...........       730
  Children
    Findings of Congress...........  PL 108-193 Sec 2......       728
                                     PL 106-386 Sec 102(b).       687
  Eliminating
    Minimum standards for..........  PL 106-386 Sec 108....       703
  Extraterritorial jurisdiction      PL 109-164 Sec 103....       723
   over certain offenses.
  Findings of Congress.............  PL 108-193 Sec 2......       728
  Forced labor
    Penalties for..................  18 USC 1589...........       730
  Human Smuggling and Trafficking    PL 106-386 Sec 112A(b)       714
   Center.
    Report to Congress.............  PL 109-164 Sec 104c(2)       725
    Restitution....................  18 USC 1593...........       732
  Interagency Task Force to Monitor  PL 106-386 Sec 105....       693
   and Combat.
  International and domestic
    Research on....................  PL 106-386 Sec 112A...       714
  Labor Department activities to     PL 109-164 Sec 105(b).       726
   monitor and combat.
  Minimum standards for eliminating
    Foreign aid withholding........  PL 106-386 Sec 110....       706
    Governments failing to meet....  PL 106-386 Sec 110....       706
Trafficking in persons--Continued
  Monitoring and combating
    President's task force on......  EO 13257..............       734
  Passports or other documents
    Illegal withholding of.........  18 USC 1592...........       731
  Peacekeepers, prevention by
    Report to Congress.............  PL 109-164 Sec 104(e).       725
  Post-conflict and humanitarian
   emergency
    Prevention of..................  PL 106-386 Sec 106....       721
    Report to Congress.............  PL 109-164 Sec 101(b).       721
  Protection and assistance
    Report to Congress.............  PL 106-386 Sec               694
                                      105(d)(7).
  Residential rehabilitation
   facilities for victims
    Pilot program..................  PL 109-164 Sec 102(b).       721
  Senior Policy Operating Group....  PL 109-164 Sec 205....       727
  State Department activities to     PL 109-164 Sec 105(a).       726
   monitor and combat.
  Strengthening prosecution and      PL 106-386 Sec 112....       713
   punishment.
  Victims of
    Independent states of the        PL 109-102 Title II...       938
     former Soviet Union.
    Protection and assistance......  PL 106-386 Sec 107....       698
  Violations
    Civil remedies.................  18 USC 1595...........       733
    Penalties for..................  18 USC 1590...........       730
  Women
    Findings of Congress...........  PL 108-193 Sec 2......       728
                                     PL 106-386 Sec 102(b).       687
Trafficking Victims Protection Act   PL 106-386 Sec 101....       687
 of 2000.
Trafficking Victims Protection       PL 108-193 Sec 1......       728
 Reauthorization Act of 2003.
  Findings of Congress.............  PL 108-193 Sec 2......       728
Trafficking Victims Protection       PL 109-164............       719
 Reauthorization Act of 2005.
  Appropriations authorization,      PL 106-386 Sec 113....       715
   2001-2003.
  Attorney General
    Report to Congress.............  PL 106-386 Sec               694
                                      105(d)(7).
  Definitions......................  PL 106-386 Sec 103....       690
  Findings of Congress.............  PL 106-386 Sec 102(b).       687
  Purpose..........................  PL 106-386 Sec 102(a).       687
  Severe forms of trafficking
    Defined........................  PL 106-386 Sec 103(8).       692
Treasury, Department of
  Debt restructuring
    Appropriations, 2006...........  PL 109-102 Title II...       946
  International affairs technical
   assistance
    Appropriations, 2006...........  PL 109-102 Title II...       945
Treasury, Secretary of
  Certification to Congress
    World Bank policies              PL 106-429 Sec              1065
     implementation.                  801(c)(1)(A).
  Debt relief
    Report to Congress.............  PL 106-429 Sec 803(d).      1067
  Developing countries
    Technical assistance...........  PL 87-195 Sec 129.....        84
  International Financial            PL 105-277 Sec 603....      1099
   Institution Advisory Commission.
  MDBs
    Strengthening procedures and     PL 106-429 Sec 802(b).      1066
     management controls.
  Report to Congress
    IMF policies implementation....  PL 106-429 Sec              1065
                                      801(c)(1)(B).
    World Bank policies              PL 106-429 Sec              1065
     implementation.                  801(c)(1)(B).
Tropical forests
  Agency for International
   Development
    Country analysis requirements..  PL 87-195 Sec 118(e)..        74
Tropical forests--Continued
  Appropriations special             PL 109-102 Sec 534(b).       969
   authorities.
  Conservation of..................  PL 87-195 Sec 802.....       407
  Developing countries
    Eligibility for benefits.......  PL 87-195 Sec 805.....       409
  Enterprise for the Americas Board  PL 87-195 Sec 811.....       416
  Protection of
    Agency for International         PL 87-195 Sec 118(e)..        74
     Development.
    Private and voluntary            PL 87-195 Sec 118(d)..        74
     organizations.
    Report to Congress.............  PL 87-195 Sec 118(f)..        74
  Tropical Forest Agreement
    Contents of....................  PL 87-195 Sec 809(b)..       414
    Secretary of State.............  PL 87-195 Sec 809.....       414
  Tropical Forest Conservation Act   PL 87-195 Sec 801.....       405
   of 1998.
    Definitions....................  PL 87-195 Sec 803.....       408
  Tropical Forest Facility
    Consultation with Congress.....  PL 87-195 Sec 812.....       416
    Establishment of...............  PL 87-195 Sec 804.....       409
    Report to Congress.............  PL 87-195 Sec 813.....       417
  Tropical Forest Fund
    Establishment of...............  PL 87-195 Sec 810.....       415
Tsunami relief
  Appropriations, 2006.............  PL 109-13 Title IV....      1030
                                     PL 87-195 Note........        33
Tuberculosis
  Combating
    Findings of Congress...........  PL 87-195 Sec 104B(a).        54
    Priority to DOTS coverage......  PL 87-195 Sec 104B(e).        54
    U.S. policy on.................  PL 87-195 Sec 104B(b).        54
  Foreign aid
    Appropriations authorization...  PL 108-25 Sec 302.....       628
  Independent states of the former
   Soviet Union
    Combating......................  PL 109-102 Title II...       937
  World global impact
    Findings of Congress...........  PL 108-25 Sec 2(13)...       611
Tunisia-U.S. relations
  Economic Support Fund............  PL 99-83 Sec 805......       802
Turkey-U.S. relations
  Arms sales
    Conflict with Cyprus...........  PL 99-83 Sec 101(f)...       759
  Arms sales credits
    Repayment......................  PL 96-92 Sec 17(b)....       850
  Eastern Mediterranean policy.....  PL 95-384 Sec 13......       868
  Economic conditions
    Impact on foreign debt.........  PL 99-83 Sec 1205.....       809
    Supplemental authorization,      PL 96-92 Sec 27.......       852
     1979.
  Foreign aid
    Disaster relief................  PL 87-195 Sec 495E....       220
  Military aid
    Presidential certification.....  PL 87-195 Sec 620C(d).       339
  Naval vessel transfer............  PL 109-134 Sec 2-3....       545
  Rescission of prior aid            PL 109-13 Sec 2102....      1027
  Resolution in Cyprus.............  PL 87-195 Sec 620C....       337

 
                                    U

Uganda
  HIV/AIDS
    Treatment of...................  PL 108-25 Sec 2(20)...       612
Uganda-U.S. relations
  Elections in.....................  PL 96-533 Sec 719.....       849
Ukraine-U.S. relations
  Foreign aid, 2006................  PL 109-102 Title II...       937
  Nuclear reactor safety
   initiatives
    Foreign aid, 2006..............  PL 109-102 Title II...       937
Union of Soviet Socialist Republics
  (see Soviet Union (former)-U.S.
   relations)
United Arab Republic
  (see Egypt-U.S. relations)
United Nations
  Arms sales.......................  PL 90-629 Sec 4.......       434
  Arms trade
    Debate on......................  PL 91-672 Sec 6.......       905
  Countries supporting U.S. policy
    Report to Congress.............  PL 101-167 Sec 527....      1130
  Dues for membership
    Foreign aid cut-off for          PL 87-195 Sec 620(u)..       331
     defaults.
  Food supplies
    Conference on..................  PL 93-189 Sec 39......       899
  International Atomic Energy
   Agency
    Program review, evaluation, and  PL 87-195 Sec                174
     audit.                           301(e)(1).
  International organizations
    Use of membership funds........  PL 96-53 Sec 114......       853
  Lodge Commission.................  PL 92-226 Sec 410.....       902
  Member countries
    Financial obligations to.......  PL 97-113 Sec 717.....       826
  Membership dues
    Foreign aid funding prohibition  PL 109-102 Sec 540....       974
  Nonaligned countries
    Communique by..................  PL 97-113 Sec 720.....       827
  Peacekeeping operations
    Providing data on costs........  PL 87-195 Sec 554.....       295
  Relief and Works Agency
    Middle East....................  PL 87-195 Sec 301(c)..       173
  Technical assistance programs
    Funds to the United Nations      PL 87-195 Sec 301(g)..       175
     Development Program.
  Voluntary contributions
    Restrictions on................  PL 109-102 Sec 550....       985
  War Crimes Tribunal
    Drawdown.......................  PL 109-102 Sec 545....       977
United Nations Commission on Human
 Rights
  North Korea
    Promoting human rights.........  PL 108-333 Sec 105....       564
United Nations Environment Program
  U.S. contributions to............  PL 99-83 Sec 402......       768
United Nations Environment Program
 Participation Act of 1973
  Appropriations, 2006.............  PL 109-102 Title IV...       951
United Nations High Commissioner
 for Refugees
  Appropriations, 2006.............  PL 109-102 Title II...       944
  China
    North Korean refugees..........  PL 108-333 Sec 304....       568
United Nations Population Fund
  Activities in China
    Funding prohibition............  PL 109-102 Sec 560....       985
  Appropriations, 2006
    U.S. contributions to..........  PL 109-102 Sec 560....       985
  U.S. contributions to
    Limitation on..................  PL 109-102 Sec 560....       985
United States Commercial Centers
  Appropriations authorization.....  PL 102-549 Sec 401(i).       745
United States Government Activities  PL 108-25 Sec 202(e)..       625
 to Combat HIV/AIDS Globally,
 Coordinator of.
United States Information Agency
  Congressional oversight..........  PL 92-226 Sec 407.....       902
United States Leadership Against     PL 108-25.............       608
 HIV/AIDS, Tuberculosis, and
 Malaria Act of 2003.
  Definitions......................  PL 108-25 Sec 3.......       614
United States Microfinance Loan      PL 87-195 Sec 257.....       156
 Facility.
  Report to Congress...............  PL 87-195 Sec                157
                                      257(b)(3).
United States Munitions List
  Export and import controls.......  PL 90-629 Sec 38......       482
  Review of by President
    Report to Congress.............  PL 90-629 Sec 38(f)...       488
United States Trade Representative
  OPIC
    Report to Congress.............  PL 87-195 Sec 240B(b).       148
Uranium
  Export of
    Control of.....................  PL 96-533 Sec 110.....       838
Uruguay-U.S. relations
  Foreign aid......................  PL 99-83 Sec 720......       788
USSR
  (see Soviet Union (former)-U.S.
   relations)
Uzbekistan-U.S. relations
  Foreign aid
    Determination on...............  PL 109-102 Sec 586....       999
    Human rights conditions........  PL 109-102 Sec 586....       999

 
                                    V

Vaccine Fund, The
  U.S. contribution to.............  PL 87-195 Sec 302(k)..       178
Vietnam War
  (see Indochina War)
Vietnam-U.S. relations
  Aid prohibition..................  PL 95-424 Sec 602.....       867
  Aliens in the United States
    Status of......................  PL 106-429 Sec 586....      1062
  Amerasians
    Admission to United States.....  PL 100-202 Sec 584....      1149
  Foreign aid
    Prohibited.....................  PL 96-533 Sec 717.....       849
  Refugees
    In-country processing..........  PL 108-447 Sec 594....      1038
    Orderly Departure Program        PL 104-208 Sec 584....      1105
     status.
  Vietnam Agreement (1973).........  PL 93-189 Sec 34......       896
Visas
  Eligible applicants not receiving
    Report to Congress.............  PL 106-386 Sec 107(g).       702
Voice of America
  Radio broadcasting to North Korea  PL 108-333 Sec 103....       563
Voluntary agencies
  Foreign aid......................  PL 87-195 Sec 635(c)..       363
    Services and commodities.......  PL 87-195 Sec 607.....       310
  Transfer of excess property to...  PL 87-195 Sec 607.....       310
Volunteer service programs
  (see Peace Corps)

 
                                    W

War crimes
  Africa
    Foreign aid determination......  PL 109-102 Sec 590....      1001
  Yugoslavia (former)
    Foreign aid prohibition........  PL 109-102 Sec 561....       986
    Foreign aid waiver.............  PL 109-102 Sec 561(e).       987
Water for the Poor Act of 2005
 (Senator Paul Simon)
  (see Senator Paul Simon Water for
   the Poor Act of 2005)
Weapons
  Chemical and biological
    Proliferation controls.........  PL 87-195 Sec 581.....       300
    Transport of...................  PL 91-672 Sec 13......       907
  Chemical, biological, and
   conventional
    Proliferation controls.........  PL 87-195 Sec 581.....       300
  Proliferation controls
    Foreign aid....................  PL 87-195 Sec 585.....       302
    Interdiction assistance........  PL 87-195 Sec 583.....       301
Weapons of mass destruction
  Syria
    U.S. policy on.................  PL 108-175 Sec 4......       601
West Bank and Gaza
  Economic Support Fund
    Review of U.S. assistance......  PL 109-102 Sec 559....       984
Western Sahara-U.S. relations
  Foreign aid
    Conditions for.................  PL 99-83 Sec 808......       803
Women
  Developing countries
    Improving leadership capacity..  PL 109-102 Title II...       930
  Economic development process.....  PL 87-195 Sec 113.....        63
  Female genital mutilation
    U.S. opposition to.............  PL 104-208 Sec 579....      1105
  International organizations
    Integration into policymaking    PL 87-195 Sec 305.....       180
     positions.
  Leadership capacity in developing
   countries
    Improving......................  PL 109-102 Title II...       930
  Sub-Saharan Africa
    Developmental activities         PL 87-195 Sec 496(g)..       226
     participation.
  Trafficking victims
    Findings of Congress...........  PL 108-193 Sec 2......       728
                                     PL 106-386 Sec 102(b).       687
  United Nations Decade for Women
    Support for....................  PL 87-195 Sec 113(c)..        63
Worker rights
  Internationally recognized
    Restrictions under this Act....  PL 102-549 Sec 802....       748
World Assembly on Aging
  Convening of.....................  PL 95-424 Sec 117(e)..       864
World Bank
  Anticorruption reforms...........  PL 109-102 Sec 599D...      1009
  Appropriations, 2006.............  PL 109-102 Title IV...       949
  Policies implementation
    Certification by Secretary of    PL 106-429 Sec              1065
     the Treasury.                    801(c)(1)(A).
  Program review, evaluation, and    PL 87-195 Sec                174
   audit.                             301(e)(2).
World Food Conference
  Presidential implementation of     PL 93-559 Sec 55......       893
   policies.
World Food Program
  Appropriations, 2006.............  PL 109-102 Sec 534(h).       970

 
                                    Y

Yugoslavia-U.S. relations
  Overseas Private Investment
   Corporation
    Presidential determination.....  PL 87-195 Sec 239(f)..       143

                                    Z

Zaire-U.S. relations
  Economic Support Fund............  PL 99-83 Sec 804......       802
  Shaba airlift....................  PL 96-92 Sec 26.......       851
Zimbabwe-U.S. relations
  Foreign aid
    Notification requirements......  PL 109-102 Sec 520....       961
  International loans to
    Determination on...............  PL 109-102 Sec 572....       993

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